Welcome to Small Dog Bags(SDB), hereinafter (SDB)Online Store, hereafter referred to as “STORE”. The Store is maintained as a service to our customers. By using this Store, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this Store.
TERMS AND CONDITIONS OF USE
1. Agreement
This Term of Use agreement (“the “Agreement”) specifies the Terms and Conditions for access to and use of this Store (the “Store”) and describe the terms and conditions applicable to your access of and use of the Store. This Agreement may be modified at any time by SDB upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time through the Store. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
2. Privacy
The use of the Store is also governed by our Privacy Policy which are available through the Store.
3. Ownership
All content included on this Store is and shall continue to be the property of SDB or its content suppliers and is protected under Applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Store is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Store.
4. Intended Audience
This Store is intended for adults only and is not intended for any children under the age of 18.
5. Trademarks
Small Dog Bags, and others are either trademarks or registered trademarks of SDB. Other product and company names mentioned on this Store may be trademarks of their respective owners.
6. Store Use
SDB grants you a limited, revocable, nonexclusive license to use this Store solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the Store, reverse engineer or break into the Store, or use materials, products or services in violation of any law. The use of this Store is at the discretion of SDB and we may terminate your use of this Store at any time.
7. Compliance with Laws
You agree to comply with all applicable laws regarding your use of the Store. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
8. Indemnification
You agree to indemnify, defend and hold SDB and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Store.
9. Disclaimer
THE INFORMATION ON THIS STORE IS PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS. YOU AGREE THAT USE OF THIS STORE IS AT YOUR SOLE RISK. SDB DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW
LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE STORE SHALL BE TO DISCONTINUE USING THE STORE.
SDB is not responsible for typographical or other errors in smalldogbags.com specifications, descriptions, price, or other information giving on its site.
10. Limitation of Liability
UNDER NO CIRCUMSTANCES WILL SDB, BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE STORE, YOUR STORE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE STORE AND/OR CONTENT IS TO CEASE ALL OF YOUR STORE USE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
11. Use of Information
SDB reserves the right, and you authorize us, to use and assign all information regarding Store uses by you and all information provided by you in any manner consistent with our Privacy Policy.
12. Copyrights and Copyright Agent
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Store;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement for the Store is SDB, who can be reached as follows:
By E-mail: CLICK HERE
13. Applicable Law
You agree that the laws of the state of Florida, without regard to conflicts of law provisions will govern these Terms and Condition of Use and any dispute that may arise between you and SDB or its affiliates.
14. Dispute Resolution
In the event of any dispute arising out of any of the terms contained in these Terms (“the parties”) agree to the following:
(a) MEDIATION: Prior to the institution of any legal action, the parties agree to participate, in good faith, in a mediation conference with a Florida Supreme Court Certified Mediator. The parties shall agree to the selection of the mediator and agree to share the cost of the mediator equally. The mediation shall be scheduled within 45 days from the date that either party submits a written notice requesting the mediation conference to the other party. The notice shall be via U.S. Certified Mail or via an overnight carrier. The mediation conference shall be conducted in Broward County, Florida or at another mutually agreed location.
(b) BINDING ARBITRATION: In the event either party does not agree or fails to participate in a mediation conference, pursuant to paragraph (a) above, the parties agree to submit all disputes arising out of these by-laws to binding arbitration to be conducted by a Florida Qualified arbitrator pursuant to the provisions of the Florida Arbitration Code, Florida Statutes §682 et. seq. The arbitration shall be conducted within 60 days from the date of the impasse of the mediation conference, or within 60 days from the date either party submits a Notice for Arbitration proceedings to the other party. The notice shall be via U.S. Certified Mail or via an overnight carrier.
(c) ENFORCING ARBITRATION. Notwithstanding the foregoing, either party may seek an Order compelling arbitration with the Circuit Court of the 17th Judicial Circuit in and for Broward County, Florida and waive the defenses of lack of personal and/or subject matter jurisdiction and/or forum of non-convenience.
15. Severability
If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
16. Waiver
The failure of SDB to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by SDB must be in writing and signed by an authorized representative of SDB.
17. Termination
SDB may terminate this Agreement at any time, with or without notice, for any reason.
18. Relationship of the Parties
Nothing contained in this Agreement or your use of the Store shall be construed to constitute either party as a partner, joint venture, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
19. Entire Agreement
This Terms of Use constitutes the entire agreement between you and SDB and governs the terms and conditions of your use of the Store, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and SDB with respect to the Store. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Store. SDB may revise this Terms of Use at any time by updating this Agreement and posting it on the Store. Accordingly, you should visit the Store and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this Store after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
20. Contact Information
To contact us CLICK HERE