Terms of Use
Please read these terms of use (“agreement” or “terms of use”) carefully before using the website, mobile applications, and services offered by DOGG!T, inc. and its subsidiaries (collectively, “DOGG!T”). This agreement sets forth the legally binding terms and conditions for your use of the website at www.DOGG!T.app (the “site”), mobile applications, and services provided by DOGG!T (collectively, the “services”).
By using the Services in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Services, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. DOGG!T is a Venue
DOGG!T serves as a platform where users who adhere to DOGG!T's policies can engage in buying, selling, and offering specific goods or services at fixed prices. It is important to note that DOGG!T does not directly participate in the transactions between buyers and sellers. Therefore, DOGG!T does not exercise control over the quality, safety, morality, pricing, or legality of any listed items, the accuracy of the listings, or the ability of sellers to sell items and buyers to make payments. DOGG!T conducts preliminary assessments of breeders and validates them based on predetermined breeding standards. However, DOGG!T cannot guarantee the completion of transactions by either buyers or sellers. Consequently, DOGG!T does not facilitate the transfer of legal ownership of items from the seller to the buyer.
DOGG!T cannot guarantee the true identity, age, and nationality of a user. DOGG!T encourages you to communicate directly with potential transaction partners through the tools available on the Site. You may also wish to consider using a third-party escrow service or services that provide additional user verification.
You agree that DOGG!T is a venue and as such is not responsible or liable for any content, for example, data, pricing, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on DOGG!T. You use the DOGG!T service at your own risk.
2. Membership Eligibility
Age: DOGG!T’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. DOGG!T may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use DOGG!T’s services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Any use or access to the Service by anyone under 13 is strictly prohibited and in violation of this Agreement. If you are under 13, please do not attempt to register for the Service or send any information about yourself to us, including your name, address, telephone number, or email address. If we learn that we have collected personal information from anyone under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about anyone under 13, please contact us at contact@doggit.app.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by DOGG!T’s policies as stated in the Agreement and the DOGG!T policy documents listed below (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by DOGG!T, each of which is incorporated herein by reference and each of which may be updated by DOGG!T from time to time without notice to you:
• Privacy Policy
• Copyright and Intellectual Property Policy
In addition, some services offered by DOGG!T may be subject to additional terms and conditions promulgated by DOGG!T from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability, and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify DOGG!T of any unauthorized use of your password or any breach of security. You also agree that DOGG!T cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than DOGG!T without DOGG!T’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on DOGG!T you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your DOGG!T account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: DOGG!T’s services are not available to temporarily or indefinitely suspended DOGG!T members. DOGG!T reserves the right, in DOGG!T’s sole discretion, to cancel unconfirmed or inactive accounts. DOGG!T reserves the right to refuse service to anyone, for any reason, at any time.
6. DOGG!T Buyer Protection Policies
What is the DOGG!T Guarantee? The terms of the DOGG!T Guarantee are set forth exclusively in this Section 6 of these Terms. In accordance with these Terms, the DOGG!T Guarantee means DOGG!T will work with Buyers who use the Payment Services and pay the applicable DOGG!T Protection & Support fee(s) to provide, in DOGG!T’s discretion and on a case-by-case basis, payment protection and support ("Protection & Support"), including, as applicable, help to resolve disputes in the unlikely event that Buyers experience a Buyer Issue (as defined below). a. A "Buyer Issue" shall be defined as such in DOGG!T’s sole discretion. Buyer Issues may include, but may not be limited to: (i) following payment made from a Buyer to a Breeder, the Breeder fails to deliver a dog or refund payment per the terms of Buyer’s agreement with the Breeder; (ii) the dog delivered to Buyer is materially different from the dog Buyer agreed to accept from Breeder; or (iii) Buyer is charged for a transaction that Buyer did not make. b. Any payment protection offered in connection with the DOGG!T Guarantee shall be offered in DOGG!T’s discretion on a case-by-case basis and in no event shall exceed the amount(s) paid through DOGG!T with Protection & Support. For the avoidance of doubt and except as set forth herein, Breeders’ individual payment policies and contractual terms shall govern the terms of their agreement with a Buyer. c. Any support offered to Buyers in connection with the DOGG!T Guarantee, including DOGG!T’s Training Program, is for educational and informational purposes only, and is not a substitute for professional advice, such as, but not limited to, veterinary advice. If you have or suspect that your pet has a medical problem or condition, please contact a qualified veterinary health care professional immediately.
Filing a claim under the DOGG!T Guarantee a. If you experience an issue with a payment made through DOGG!T with Protection & Support, contact contact@doggit.app as soon as you become aware of a Buyer Issue. All requests will be reviewed on a case-by-case basis in DOGG!T’s sole discretion. During DOGG!T’s assessment process Buyer may be asked to provide detailed information regarding Buyer’s request. b. In order to make a claim under the DOGG!T Guarantee, the following conditions must be satisfied, as applicable and as determined in DOGG!T’s sole discretion: i. The sale of the dog was agreed to between Buyer and Breeder and the transaction was completed; ii. Buyer has not violated these Terms; iii. Buyer has not filed or initiated a claim through their method of payment to Breeder; iv. Buyer reported the Buyer Issue to DOGG!T as soon as Buyer became aware of it by contacting contact@doggit.app; v. Buyer’s Account is in good standing with no outstanding balances owed to DOGG!T or any other Breeders; vi. Buyer is the buyer that placed the transaction using the Payment Services; vii. Buyer and/or a third party have not directly or indirectly caused the Buyer Issue (through Buyer’s or such third party’s action, misconduct, omission, or negligence); viii. If the claim relates to a health issue, the issue is covered under Breeder’s contract and/or health guarantee; ix. Buyer has satisfied his or her obligations to the Breeder and has not breached the terms of Buyer’s agreement with the Breeder; x. Buyer has made reasonable efforts, including, but not limited to, utilizing DOGG!T's dispute resolution services, to remedy the Buyer Issue with the Breeder prior to making a claim under the DOGG!T Guarantee; xi. The Buyer Issue was not caused by an event beyond the control of the Breeder, including, but not limited to, an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), riot, health pandemic, commotion, strikes or lock-outs or acts or threats of terrorism; and xii. The Buyer Issue is not related to products or services, or uses of either, that are prohibited by law. c. The timing to receive payment for any claim, if any is awarded by DOGG!T, may vary based on the payment method and any applicable payment system rules. d. For the avoidance of doubt, Protection & Support cannot be purchased and/or applied retroactively.
What is excluded from the DOGG!T Guarantee? a. The terms of the DOGG!T Guarantee apply only to Buyers who utilize the Payment Services on the Site. The DOGG!T Guarantee is not intended to and shall not be construed to give any other person or entity any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. DOGG!T reserves the right, in its sole and absolute discretion, to eliminate the DOGG!T Guarantee altogether or change, modify or delete any of the terms of the DOGG!T Guarantee at any time, effective with or without prior notice and without any liability to DOGG!T. DOGG!T will endeavor to notify you of material changes by email, but will not be liable for any failure to do so. b. For the avoidance of doubt, Buyers who do not pay on the Site, shall not be eligible to receive the protection provided under the DOGG!T Guarantee.
3. Breeder Protection Policies
("Policies") offered by the dog breeding marketplace ("Marketplace") to protect breeders ("Breeders"). By participating in the Marketplace and utilizing the Policies, Breeders agree to adhere to the following terms:
Eligibility:
a. Breeders must be registered members of the Marketplace and comply with the Marketplace's terms of service.
b. The Policies are available to Breeders who meet the Marketplace's predetermined criteria, which may include factors such as reputation, history, and compliance with the Marketplace's guidelines.
Policy Coverage:
a. The Policies aim to provide protection and support to Breeders by offering coverage for specific scenarios related to dog breeding, including but not limited to:
i. Breach of contract: Protection for Breeders in the event of a buyer's failure to fulfill contractual obligations, including non-payment or refusal to accept a puppy.
ii. Fraudulent activity: Coverage for instances where Breeders encounter fraudulent buyers or transactions.
4. Puppy Return or Re-home Policy
Introduction:
a. The Puppy Return or Re-home Policy is a provision implemented by DOGG!T marketplace to ensure the welfare and responsible placement of dogs acquired through the platform.
b. This Policy requires all dogs placed in homes through the Marketplace to be returned to the breeder or re-homed with the breeder's consent in the event that the initial puppy buyer is unable to care for the dog any longer or cannot keep the dog for any reason.
Breeder's Consent:
a. Breeders acknowledge that they have the authority and discretion to give consent for the re-homing of dogs placed through the Marketplace.
b. Breeders must be contacted by the initial puppy buyer seeking to re-home the dog and provide their explicit consent before any re-homing takes place.
c. Breeders have the right to request information or conduct a screening process for potential new owners to ensure the dog's well-being.
Conditions for Re-homing:
a. The initial puppy buyer may present any reason for being unable to care for the dog any longer. This may include, but is not limited to, personal circumstances such as relocation, illness, or unforeseen life changes.
b. The dog must be in good health and free from any contagious diseases or behavioral issues that would pose a risk to the new home or prospective owners.
c. The initial puppy buyer must agree to return the dog to the breeder or work cooperatively with the breeder to find a suitable new home.
Return Process:
a. If the initial puppy buyer is unable to keep the dog, they must notify the breeder as soon as possible to initiate the return process.
b. The breeder and initial puppy buyer will collaborate to determine the best course of action, which may involve returning the dog to the breeder directly or finding a new suitable home.
c. If returning the dog to the breeder, the initial puppy buyer is responsible for the costs associated with transportation and other expenses unless otherwise agreed upon between the parties. DOGG!T may be able to provide support financially or logistically to help return the puppy to the original breeder or new home. For inquiries on DOGG!T support, please email Contact@doggit.app with subject line “Rehome support”.
Re-homing Responsibility:
a. If the breeder consents to the re-homing of the dog, it becomes the breeder's responsibility to find a suitable new home for the dog. The breeder can contact DOGG!T for support in helping find a new home if needed. Please email Contact@doggit.app with the subject line “Rehome support” for assistance.
b. The breeder should prioritize the dog's well-being and ensure that potential new owners meet appropriate criteria, including but not limited to their ability to provide a safe and loving environment, adequate care, and financial stability.
Transfer of Ownership:
a. In the case of re-homing, the breeder is responsible for updating the dog's ownership information with the appropriate registries or authorities.
b. The new owner should be provided with all relevant documentation, including health records, vaccination history, and any applicable contracts or agreements.
Compliance and Enforcement:
a. Breeders and initial puppy buyers are expected to comply with this Policy and any associated agreements made through the Marketplace.
b. The Marketplace reserves the right to investigate and take appropriate action in cases where this Policy is not followed, including but not limited to warnings, suspensions, or termination of membership.
Disclaimer:
a. The Marketplace does not assume liability for any disputes, conflicts, or consequences arising from the return or re-homing process between breeders and initial puppy buyers. It is the responsibility of the parties involved to handle such matters in good faith and with reasonable care.
By engaging in any transactions on the DOGG!T marketplace, both breeders and initial puppy buyers acknowledge their understanding and acceptance of this Puppy Return or Re-home Policy.
Policy Limitations:
a. The Policies have specific coverage limits, deductibles, and exclusions as outlined in separate policy documents. Breeders should review these details before engaging in any transactions.
b. The Policies may not cover pre-existing conditions or issues resulting from a Breeder's negligence or misconduct.
c. Breeders are responsible for providing accurate and complete information regarding their dogs, puppies, and any potential health issues when participating in the Marketplace.
Claims Process:
a. In the event of a covered incident, Breeders must promptly notify the Marketplace and submit a claim within the specified timeframe, providing all necessary supporting documentation.
b. The Marketplace will assess each claim on a case-by-case basis, reviewing the provided evidence and determining eligibility for coverage.
c. Breeders agree to cooperate fully during the claim investigation, including providing additional information or documentation as requested by the Marketplace.
d. The Marketplace retains the right to consult with independent veterinary experts to evaluate claims related to health issues.
Resolution and Reimbursement:
a. The Marketplace will make reasonable efforts to resolve claims promptly and fairly. The resolution may involve actions such as issuing reimbursement, facilitating negotiations between Breeders and buyers, or providing mediation services.
b. The amount of reimbursement or compensation will be subject to the Policy's coverage limits, deductibles, and any applicable exclusions.
c. Breeders must adhere to any decisions made by the Marketplace regarding claim resolutions and reimbursements.
Breeder Responsibilities:
a. Breeders must comply with all applicable laws, regulations, and industry standards related to dog breeding, health, welfare, and sales.
b. Breeders should provide accurate and truthful information about their dogs, puppies, health records, and any potential genetic or hereditary conditions.
c. Breeders are responsible for maintaining proper documentation, including contracts, health records, and communication with buyers, to support any potential claims.
5. Policy Changes and Termination:
a. The Marketplace reserves the right to modify or terminate the Policies at any time. Notice of any changes or termination will be communicated to Breeders through appropriate channels.
b. In the event of Policy termination, coverage will cease for future transactions. However, existing claims will be processed according to the terms in effect at the time the claim was submitted.
Disclaimer of Liability:
a. The Marketplace provides the Policies as a service to Breeders but does not assume liability for any actions, disputes, or consequences arising from transactions between Breeders and buyers.
6. Breeder Responsibilities:
Representations and Warranties:
a. As a breeder, you represent and warrant that any listing you post on the DOGG!T marketplace and the purchase of a dog will not violate any agreements you have made with third parties, including other buyers or any other agreements.
b. You further represent and warrant that your activities as a breeder and the dogs you offer for sale will comply with all applicable laws, including USDA laws, tax requirements, and other relevant rules and regulations.
c. It is your responsibility to ensure that you have obtained any necessary permits, licenses, and registrations required for your breeding operations.
Compliance with Laws and Regulations:
a. As a breeder, you are responsible for complying with all applicable laws, regulations, and guidelines related to dog breeding, animal welfare, and sales. This includes, but is not limited to, local, state, and federal laws governing the breeding and sale of dogs.
b. You should be aware of and adhere to any specific requirements set forth by the USDA or other regulatory bodies that oversee the breeding and selling of animals.
Liability for Acts and Omissions:
a. You, as a breeder, are solely responsible for your own actions, omissions, and conduct related to your activities on the DOGG!T marketplace.
b. You are also responsible for the actions, omissions, and conduct of any individuals acting on your behalf or as your agent. It is your duty to ensure that anyone representing you or assisting you in your breeding operations complies with the Marketplace's terms and all applicable laws.
Breach of Responsibilities:
a. Failure to comply with your responsibilities as a breeder, including but not limited to breaching agreements with third parties, violating applicable laws, or engaging in unethical or illegal practices, may result in consequences, such as warnings, suspensions, or termination of your membership on the DOGG!T marketplace.
b. The Marketplace reserves the right to investigate and take appropriate action to enforce compliance and maintain the integrity of the platform.
By participating as a breeder on the DOGG!T marketplace, you acknowledge and accept these responsibilities, and you agree to fulfill them in a diligent and lawful manner.
You represent and warrant that you, (i) understand and comply with all laws, rules and regulations that may apply to your Listing or Breeder Service(s), and (ii) have obtained any required licenses, permits, or registrations.
7. Puppy Inquiry and Purchase Process:
a. As a puppy buyer on the DOGG!T platform, you can inquire about a listing by following the designated inquiry process provided for each listing.
b. Breeders may have specific requirements for potential buyers, such as completing applications, interviews, providing references, or undergoing verification processes.
c. If you meet the breeder's requirements, you may proceed with purchasing a dog from a listing.
Fees and Payment:
a. Prior to completing your purchase, all applicable fees will be presented to you, including the list price, DOGG!T service fee, processing fees to the payment processor, deposit (if applicable), and any applicable taxes. These fees together constitute the "Total Fees."
b. By initiating a purchase, you agree to pay the Total Fees associated with the requested purchase through your DOGG!T account using the provided payment services or otherwise agreed upon payment process with the Breeder.
c. It is important to note that you should not encourage or direct any breeders to engage in off-platform business, as this would violate the On-Platform Community Policy.
Legal Ownership:
a. DOGG!T does not transfer legal ownership of dogs or breeder services from breeders to buyers.
b. The transaction facilitated through the platform is a contractual agreement between the breeder and the buyer.
c. The breeder retains legal ownership of the dog until the transfer of ownership is completed according to the terms agreed upon between the buyer and the breeder.
By using the DOGG!T platform as a buyer, you acknowledge and agree to abide by these specific terms. It is important to review and understand all terms and conditions applicable to your interactions on the platform.
California Commercial Code §2401(2 ) and Uniform Commercial Code §2-401(2) apply to the transfer of ownership between the Breeder and the Seller unless the Breeder and the Seller agree otherwise.
If you purchase a dog on behalf of any other persons, you are required to ensure that every additional person meets any requirements set by the Breeder, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Breeder. If you are purchasing for another person who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only purchase a dog if sponsored and guaranteed by an adult who is responsible for them, and such adult shall be responsible for any dog(s) purchased.
8. Marketplace Fees and Billing
DOGG!T may require you to sign up for a monthly subscription to operate within DOGG!T. The Fee for users varies based on type of customer, program or service.
If you have subscribed to a program or service within DOGG!T, you authorize DOGG!T to keep your payment card information on file and to charge the card on file on the same day you signed up for an account of each calendar month for the service (based on subscription agreement). Payments will be charged monthly to customer accounts based on the original purchase date. For example, if you originally paid on the 10th of February your account will be charged on the 10th of March and so on. If the original payment date does not fall in the following month, customer accounts will be charged on the next available date. We will continue to charge the customer’s account until we are notified in writing of a desire to close out the account. If your account is reviewed or updated during its currency and a new monthly billing date is agreed ongoing monthly billing will then occur on the new date.
By agreeing to the Terms of Use, you have authorized DOGG!T to arrange for funds that may from time-to-time become due to DOGG!T under your account. These funds will be debited from your nominated account in amounts and at intervals as advised by DOGG!T to your financial institution.
All Puppy purchases on DOGG!T are subject to a Matchmaker Service Fee as outlined on our Matchmaker Services page (Unless agreed otherwise) + merchant fees applicable at the time paid for by the buyer. All Product purchases on DOGG!T are subject to a 10% commission (Unless agreed otherwise) + merchant fees applicable at the time paid for by the seller. This percentage does not include the shipping cost or tax. By establishing merchant services on DOGG!T you give us permission to automatically debit and credit funds from your settlement account for all amounts due. All merchant chargebacks are the responsibility of the merchant retailer. We will, however, be responsible for the chargebacks that relate to commissions earned. All merchants are responsible for product fulfillment, returns, customer service, dispute resolution, etc.
By selling online on DOGG!T you give us permission to accept 100% payment of the goods or service. DOGG!T will pay vendors and merchants (less DOGG!T commission) for all completed and dispatched items seven calendar days following the dispatch of the item. Payments will be via electronic transfer to the desired bank accounts. The vendors and merchants must provide DOGG!T with the appropriate bank routing and account numbers in order to be paid.
Changes to the fees for DOGG!T’s services are effective after DOGG!T provides you with at least 14 days’ notice by posting the changes on the Site. However, DOGG!T may choose to temporarily change the fees for DOGG!T’s services for promotional events (for example, free listing days); such changes are effective when DOGG!T posts the temporary promotional event on the Site. DOGG!T may, at DOGG!T’s sole discretion, change some or all of DOGG!T’s services at any time. In the event DOGG!T introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, DOGG!T may issue a credit for the applicable fees to a seller’s billing statement.
In the event that DOGG!T bills your account in error, you will be provided a refund.
Fees and Termination: If DOGG!T terminates a listing or your account, if you close your account, or if the payment of your DOGG!T fees cannot be completed for any reason, you remain obligated to pay DOGG!T for all unpaid fees plus any penalties, if applicable. Cancellations of subscriptions must be received by DOGG!T in writing via mail or email (contact@doggit.app) by 5.00pm (Pacific Time) on the previous business day to when your billing would normally occur, to the below addresses:
714 91st PL SW, Everett WA 98204 ; or for cancellations via email please direct them to – contact@doggit.app
Cancellation of your subscription will result in a cessation to new billing. All services relating to your DOGG!T account will end on the day that any cancellation is advised by and agreed with the Retail Member by DOGG!T. In such cases no retroactive refunds will be made for any unused portion of the billing cycle. If the seller’s account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, please contact DOGG!T via email at . contact@doggit.app
9. Listing and Selling
Listing Description: All listings on DOGG!T must be for sale. By listing an item on the Site you warrant that you and all aspects of the item comply with DOGG!T’s published policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your DOGG!T shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock” quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing.
Shop Policies: All sellers are urged to outline shop policies for their DOGG!T shop. These policies may include, for example, shipping, returns, payment, and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with DOGG!T’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. DOGG!T reserves the right to request that a seller modify a shop policy.
Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding DOGG!T transaction fees, misrepresent the item’s location, or use another user’s account without permission.
Events & Ticketing: Events and tickets advertised on DOGG!T enables buyers to purchase and or reserve entry to specific events advertised by the seller. If the buyer has any queries or reservations about an event they are advised to contact the seller directly or review the event terms and conditions provided by the seller prior to purchasing.
10. Prohibited, Questionable, and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding DOGG!T and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on DOGG!T.
Restricted Activities: Your Content and your use of DOGG!T shall not:
• Be false, inaccurate, or misleading;
• Be fraudulent or involve the sale of illegal, counterfeit, or stolen items;
• Infringe upon any third-party’s copyright, patent, trademark, trade secret, or other proprietary or intellectual property rights or rights of publicity or privacy (see also, DOGG!T’s Copyright and Intellectual Property Policy);
• Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
• Involve any countries, entities, individuals or items prohibited by sanctions, embargoes, regulations or orders administered by the U.S. Department of Treasury’s Office of Foreign Assets Control (“OFAC”) or other government agencies;
• Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall;
• Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including DOGG!T staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
• Interfere with a seller’s business or shop;
• Take any action that may undermine online reviews or feedback;
• Be obscene or contain child pornography;
• Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
• Host images not part of a listing;
• Modify, adapt, or hack DOGG!T or modify another website so as to falsely imply that it is associated with DOGG!T;
• Appear to create liability for DOGG!T or cause DOGG!T to lose (in whole or in part) the services of DOGG!T’s ISPs or other suppliers; or
• Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on DOGG!T.
• Furthermore, you may not list any item on DOGG!T (or consummate any transaction that was initiated using DOGG!T’s service) that, by paying to DOGG!T the listing fee or the final value fee, could cause DOGG!T to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.
11. Content
License: DOGG!T does not claim ownership rights in your Content. You grant DOGG!T a license solely to enable DOGG!T to use any information or Content you supply DOGG!T with, so that DOGG!T is not violating any rights you might have in that Content. You grant DOGG!T a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow DOGG!T to store, translate, or reformat your Content on DOGG!T and display your Content on DOGG!T in any way DOGG!T chooses. DOGG!T will only use personal information in accordance with DOGG!T’s Privacy Policy.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another DOGG!T user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for DOGG!T-related communications. DOGG!T has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any DOGG!T user to your email or physical mail list. For more information, see DOGG!T’s Privacy Policy.
Reposting Content: By posting Content on DOGG!T, it is possible for an outside website or a third party to re-post that Content. You agree to hold DOGG!T harmless for any dispute concerning this use. If you choose to display your own DOGG!T-hosted image on another website, the image must provide a link back to its listing page on DOGG!T.
Idea Submissions: DOGG!T considers any unsolicited suggestions, ideas, proposals, or other material submitted to it by users via the Site, mobile applications, or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the “Material”) to be non-confidential and non-proprietary, and DOGG!T shall not be liable for the disclosure or use of such Material. If, at DOGG!T’s request, any member sends Material to improve the site (for example through customer support), DOGG!T will also consider that Material to be non-confidential and non-proprietary and DOGG!T will not be liable for use or disclosure of the Material. Any communication by you to DOGG!T is subject to this Agreement. You hereby grant and agree to grant DOGG!T, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub-licensable and transferable right and license to incorporate, use, publish, and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
12. Information Control
DOGG!T does not control the Content provided by users that is made available on DOGG!T. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using DOGG!T, you agree to accept such risks and that DOGG!T (and DOGG!T’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on DOGG!T. Please use caution, common sense, and practice safe buying and selling when using DOGG!T.
Other Resources: DOGG!T is not responsible for the availability of outside websites or resources linked to or referenced on the Site. DOGG!T does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that DOGG!T shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
13. Resolution of Disputes and Release
Disputes with DOGG!T: In the event a dispute arises between you and DOGG!T, please contact DOGG!T. Any dispute arising from or relating to the subject matter of this Agreement shall be governed by and construed in accordance with the laws of the State of California including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. You agree that the state and federal courts in the County of Orange, State of California shall have sole and exclusive jurisdiction and venue for the resolution of all disputes arising under the terms of this Agreement and the transactions contemplated herein. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and DOGG!T agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, DOGG!T encourages you to contact the user or third party to resolve the dispute amicably. You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release DOGG!T (and DOGG!T’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
14. DOGG!T’s Intellectual Property
DOGG!T, and other DOGG!T graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of DOGG!T, Inc. in the U.S. and/or other countries. DOGG!T’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
15. Access and Interference
DOGG!T may contain robot exclusion headers which contain internal rules for software usage. Much of the information on DOGG!T is updated on a real-time basis and is proprietary or is licensed to DOGG!T by DOGG!T’s users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access DOGG!T for any purpose whatsoever, without DOGG!T’s prior express written permission. Additionally, you agree that you will not:
• Take any action that imposes, or may impose, in DOGG!T’s sole discretion, an unreasonable or disproportionately large load on DOGG!T’s infrastructure;
• Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in policies set out on the Site, except to the extent expressly permitted by prior express written permission of DOGG!T and the appropriate third party, as applicable;
• Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; and
• Bypass DOGG!T’s robot exclusion headers or other measures DOGG!T may use to prevent or restrict access to DOGG!T.
16. Breach
Without limiting any other remedies, DOGG!T may, without notice, and without refunding any fees, delay or immediately remove Content, warn DOGG!T’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
• DOGG!T suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein;
• DOGG!T is unable to verify or authenticate any of your personal information or Content; or
• DOGG!T believes that a user is acting inconsistently with the letter or spirit of DOGG!T’s policies, has engaged in improper or fraudulent activity in connection with DOGG!T or the actions may cause legal liability or financial loss to DOGG!T’s users or to DOGG!T.
DOGG!T reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on DOGG!T.
17. Privacy
Except as provided in DOGG!T’s Privacy Policy, DOGG!T will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. DOGG!T stores and processes Content on computers located in the United States and various other places around the world that are protected by physical as well as technological security.
18. No Warranty
DOGG!T, DOGG!T’s subsidiaries, officers, directors, employees, and DOGG!T’s suppliers provide DOGG!T’s web site and services “as is” and without any warranty or condition, express, implied or statutory. DOGG!T, DOGG!T’s subsidiaries, officers, directors, employees and DOGG!T’s suppliers specifically disclaim any implied warranties of title, merchantability, performance, fitness for a particular purpose and non-infringement. in addition, no advice or information (oral or written) obtained by you from DOGG!T shall create any warranty. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from state to state.
All products are sold under the policies of the respective Manufacturer or Retailer. All directions of the Manufacturer or Retailer must be followed when using any product purchased through DOGG!T. DOGG!T and its sellers will not be responsible for damage or injury caused by improper assembly of products purchased through DOGG!T or if directions and instructions for proper use are not followed. You may not qualify for any applicable Manufacturer or Retailer warranty if you do not follow their policies for assembly and use. Please consult the Manufacturer or Retailer’s policies prior to assembly and use of your product.
19. Liability Limit
In no event shall DOGG!T, and (as applicable) DOGG!T’s subsidiaries, officers, directors, employees or DOGG!T’s suppliers be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the site, DOGG!T’s services, or this agreement, including without limitation, lost profits, bodily injury, emotional distress, or any special, incidental or consequential damages.
DOGG!T’s liability, and (as applicable) the liability of DOGG!T’s subsidiaries, officers, directors, employees, and suppliers, to you or any third parties in any circumstance is limited to the greater of (a) the amount of fees you pay to DOGG!T in the 12 months prior to the action giving rise to liability, and (b) $100. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
20. Indemnity
You agree to indemnify and hold DOGG!T and (as applicable) DOGG!T’s parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
21. No Guarantee
DOGG!T does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside DOGG!T’s control.
22. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Site and any DOGG!T service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on DOGG!T’s net income).
DOGG!T uses third-party software to calculate sales tax on each order placed. By using the DOGG!T Site, you agree to comply with any third party terms and conditions.
In states where DOGG!T is not required to collect sales tax, your purchase may be subject to use tax in accordance with your state’s laws. Some purchases may be exempt from taxation; however, a purchase is not exempt merely because it was made over the Internet. Your state may require its residents to report all purchases of tangible personal property or digital property that are not taxed by the retailer, and pay use tax on those purchases unless exempt under your state’s laws. The tax may be reported and paid on an individual income tax return or by filing a consumer tax return. (States requiring retailers to make this disclosure include, but may not be limited to: California, Colorado, Kentucky, Michigan, Mississippi, Oklahoma, South Carolina, South Dakota, Tennessee and Washington).
23. Severability
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
24. No Agency
You and DOGG!T are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by this Agreement.
25. DOGG!T Service
DOGG!T reserves the right to modify or terminate the DOGG!T service for any reason, without notice, at any time. DOGG!T reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If DOGG!T makes a material change DOGG!T will notify you here, by email, by means of a notice on our home page, or other places DOGG!T deems appropriate. What constitutes a “material change” will be determined at DOGG!T’s sole discretion, in good faith, and using common sense and reasonable judgment.
26. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
27. Survival
Sections (Fees and Services, Fees and Termination), (Content, License), (Information Control), 8 (Resolution of Dispute and Release), (DOGG!T’s Intellectual Property), (Access and Interference), (Breach), (Privacy), (No Warranty), (Liability Limit), (Indemnity), (No Guaranty), (Severability), (No Agency), (Choice of Law) shall survive any termination or expiration of this Agreement.
28. Notices
Except as explicitly stated otherwise, any notices shall be given by email to DOGG!T; Attn: Legal Department; contact@doggit.app (in the case of DOGG!T) or, in your case, to the email address you provide to DOGG!T (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, DOGG!T may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to DOGG!T. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in DOGG!T’s Copyright and Intellectual Property Policy.
29. Shipping
Unless otherwise noted, serviceable areas covered by displayed shipping fees only include the lower 48 states. They DO NOT include Alaska, Hawaii, or any U.S. territory. In the event that a purchaser uses a forwarding service to move the product to an out of country address, DOGG!T is in no way responsible for any shipping charges to send the item back to the United States in the event of a defect, mis-ship, etc. There are NO RETURNS on items that leave the United States. There are NO RETURNS on items that have been taken out original packaging and are not resalable as new.
30. Disclosures
The services hereunder are offered by DOGG!T Inc., located at 714 91st PL SW, Everett WA 98204
Effective Date: June 1, 2023