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Last Updated: [November 10, 2024]
Welcome to SurelyDogs! These Terms of Service/Use ("Terms") govern your access to and use of our website, www.surelydogs.com ("Site"), our blogs, related websites, mobile applications (collectively, the "Site"), and any products, programs, and services offered through the Site (collectively, the "Products"). By clicking or tapping “Sign In,” “Create Account,” “Place Order,” or otherwise using our Site, you agree to and accept these Terms and conditions that govern your use of the Site ("Terms of Service" or "Terms"). Certain Products may have additional terms and conditions that apply (for example, if you subscribe to our Autoship subscription program, you will also be subject to the Autoship Terms and Conditions) and are incorporated into these Terms. If these Terms of Use are inconsistent with terms applicable to a certain Product or service, those other terms will control.
BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THESE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF SERVICE UNLESS YOU ARE AT LEAST 18 YEARS OLD.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE DESCRIBED LATER ON. YOU AND SURELYDOGS AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SURELYDOGS WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT, JURY TRIAL, OR CLASS-WIDE ARBITRATION.
Please review our Privacy Policy, which also governs your use of our Site and is incorporated into these Terms, to understand our practices.
When you use our Site or send emails, text messages, chats, use video calling, or other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as emails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.
In order to use certain features of the Site and make purchases or use other services on the Site, you may register for an account with SurelyDogs ("SurelyDogs Account") or proceed with your purchase using our guest checkout. You represent and warrant that:
You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us in the SurelyDogs Account, guest checkout, or otherwise. If there is a problem charging your selected payment method in your SurelyDogs Account, we may charge any other valid payment method associated with your SurelyDogs Account.
You agree not to purchase any goods or services or register a SurelyDogs Account using a false identity or information or on behalf of someone other than yourself.
You are responsible for maintaining the confidentiality of your SurelyDogs Account login information. You are fully responsible for all activities that are associated with your SurelyDogs Account (including but not limited to any purchases, posting reviews, or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify SurelyDogs of any unauthorized use or suspected unauthorized use of your SurelyDogs Account or any other actual or potential breach of security.
From time to time, we may offer promotions, including discounts, special pricing, free or reduced-price shipping, or other incentives. If a promotional code is required to take advantage of a promotion, such codes are limited in nature and may expire or be discontinued with or without notice. Promotional codes are void where prohibited by law. Promotional codes may not be copied, sold, or otherwise transferred. They are not redeemable for cash and are subject to cancellation or change at any time for any reason without notice. We reserve the right, in our discretion, to impose conditions on the offering of any promotional code. SurelyDogs further reserves the right, in its sole discretion, to determine your eligibility for a promotion and prevent you from taking advantage of such promotion.
For new SurelyDogs Account promotions, unless we expressly communicate otherwise, such promotions are available only to new users who have never had a SurelyDogs Account before. It is a violation of these Terms of Use to sign up for a SurelyDogs Account and seek such promotion if you created a SurelyDogs Account in the past. Where SurelyDogs, in its sole discretion, determines that you are not eligible for a new SurelyDogs Account promotion, we may charge you the full price.
Products purchased from SurelyDogs on the Site are intended for use in the United States of America. We reserve the right, in our sole discretion, to cancel your order if we think you are selling any Products purchased from our Site outside the United States.
SurelyDogs attempts to be as accurate as possible. However, we do not warrant that product descriptions, depictions, colors, dimensions, ingredient lists, or other content on the Site are accurate, complete, reliable, current, or error-free. If a Product offered by SurelyDogs is not as described, your sole remedy is to return the Product. Contact us at support@surelydogs.com for return information.
From time to time, we may provide additional value to customers by advertising a discount off a "List" price or "Was" price shown with a strikethrough. For example:
"List" price means the suggested retail price of a Product as provided by a manufacturer, supplier, or other retailers (and with respect to RX products, veterinarians). It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site.
"Was" price is determined using recent price history of the Product on the Site. In particular, we calculate the “Was” price based on pricing available for the Product on the Site during at least 30 of the 90 days before we advertise a “Was” price.
SurelyDogs cannot confirm the price of an item until you submit an order. Despite our diligent efforts, it is possible that Products in our catalog may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, sell you the Products at the lower price, contact you for instructions before shipping, or cancel your order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. SurelyDogs will collect and remit sales tax as required by law.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. No sale is complete until shipment. SurelyDogs reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and SurelyDogs reserves the right to revoke any stated offer or promotion and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. SurelyDogs reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your SurelyDogs Account may also be restricted or terminated for any reason, at SurelyDogs' sole discretion.
All items purchased from SurelyDogs are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, provided that such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you are at the discretion of the carrier. The carrier will attempt to deliver the Products to your door; however, in cases where your front door is not easily accessible, the carrier may attempt to deliver your Products to an alternative location at your premises at the carrier’s sole discretion.
SurelyDogs is not responsible for any delays or damages caused by the shipping carrier. If you experience issues with your shipment, please contact our customer support team for assistance.
Subject to these Terms of Use, SurelyDogs grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. SurelyDogs may terminate this license at any time for any reason.
Restrictions:
Termination of License: SurelyDogs reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that SurelyDogs will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
The Site contains valuable intellectual property, including but not limited to trademarks, service marks, copyrights, trade dress, patents, domain names, and other intellectual property rights (collectively “IP”) which are owned, controlled, or used by or licensed to SurelyDogs.
Trademarks: Trademarks include but are not limited to SurelyDogs, the SurelyDogs logo, and any other service marks, product names, package designs, and company names or logos associated with the Products. Any use of the Trademarks or other IP without the prior written permission of SurelyDogs is strictly prohibited.
Ownership and Use: The arrangement and layout of the Site, including but not limited to the Trademarks, images, text, graphics, buttons, screenshots, and other content or material, are the sole and exclusive property of SurelyDogs. All content included in or made available through SurelyDogs, such as text, copy, graphics, logos, button icons, images, videos, data, and software, is the property of SurelyDogs or its content suppliers and protected by United States and international copyright laws.
Prohibited Actions: Unauthorized copying, reproduction, modifying, republishing, uploading, downloading, posting, transmitting, making derivative works of, or duplicating any part of the Site is prohibited.
Third-Party IP: SurelyDogs uses a network of independent product and content suppliers, distributors, and other third parties to supply some of the Products and content advertised on the Site. All other trademarks, service marks, product names, package designs, and company names or logos associated with these Products, and other such third parties, that are not owned by SurelyDogs but appear on the Site are the property of their respective owners.
User Content refers to any and all information and content, including photographs, that you submit to SurelyDogs by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), use with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with SurelyDogs (e.g., when you call customer service, chat, or send us emails). You are solely responsible for your User Content.
Responsibilities:
You hereby grant SurelyDogs a worldwide, non-exclusive, royalty-free, and fully paid license to reproduce, distribute, publicly display, and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content in connection with the Site and SurelyDogs' business, including for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels.
You agree to irrevocably waive any rights to inspect or approve the finished product, including any written or electronic copy, wherein your User Content appears. You also waive any rights to royalties or other compensation arising from or related to the use of your User Content.
Because you alone are responsible for your User Content (and not SurelyDogs), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.
Removal of User Content: SurelyDogs reserves the right to remove any User Content from the Site at any time, without notice, for any reason, including but not limited to violations of these Terms or the Acceptable Use Policy.
In connection with your use of the Site and interactions with SurelyDogs and its employees and users, you agree not to:
a. Collect, upload, transmit, display, communicate by email, telephone, or electronically, or distribute any User Content that:
b. Use the Site to:
Enforcement: We reserve the right, but have no obligation under these Terms of Use, to review any User Content, investigate, and/or take appropriate action against you if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your SurelyDogs Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person.
The Site may contain links to, or advertisements for, third-party websites and products (collectively, "Third-Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of SurelyDogs, and SurelyDogs is not responsible for any Third-Party Sites.
Disclaimer: SurelyDogs provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices, govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site.
Release: You hereby release us, our officers, employees, directors, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.
SurelyDogs intends for the information and data contained in the Site to be accurate and reliable, but since the information and data have been compiled from a variety of sources, they are provided "AS IS" and "AS AVAILABLE." You expressly agree that your use of the Site and any information contained therein is at your sole risk.
No Warranties: SurelyDogs and its Third-Party Service Providers, Contractors, Partners, Suppliers, or Affiliates ("SurelyDogs Group") do not warrant that:
Legal Compliance: Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers may not apply to you and you may also have other legal rights that vary from jurisdiction to jurisdiction.
SurelyDogs Group shall not be liable to you or any third party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages arising from or in any way related to your relationship with SurelyDogs Group, your use of the Site, Products, tools, applications, or Third-Party Sites, or your interaction with or reliance on any updates or advice from SurelyDogs or any such person or entity, even if SurelyDogs has been advised of the possibility of such damages.
Cap on Liability: To the fullest extent permitted by law, SurelyDogs Group’s liability to you for any damages arising from or related to your relationship with SurelyDogs Group, any interaction with or reliance on advice from any such person or entity, or these Terms (for any cause whatsoever and regardless of the form of the action), will at all times be limited to the greater of:
Jurisdictional Limitations: Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you, and you may also have other legal rights that vary from jurisdiction to jurisdiction.
You agree to indemnify and hold SurelyDogs Group harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of:
Defense and Cooperation: SurelyDogs reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of SurelyDogs. SurelyDogs will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
Except for claims that may be brought in small claims court, you and SurelyDogs agree to give up any rights to litigate claims in a court or before a jury or to participate in a class action or representative action with respect to a claim. Other rights that you would have if you went to court, such as access to discovery, also may be unavailable or limited in arbitration.
Covered Disputes and Arbitration Requirement: Any and all disputes between you and SurelyDogs, including disputes arising from or relating to the Site, these Terms of Use, the Privacy Policy, Autoship Terms and Conditions, Gift Card Terms and Conditions, and any other terms and conditions that may apply to our Site and/or Products, programs, and services, shall be resolved by binding arbitration administered by the American Arbitration Association ("AAA") under the AAA's Consumer Arbitration Rules in effect on the date the claim was filed, available at www.adr.org or by calling the AAA at 800-778-7879.
This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Except as set forth in the “Batch Arbitration” provision described below, you and SurelyDogs agree that any arbitration will be conducted on an individual basis and not as a class, consolidated, or representative action. You further agree to waive your right to participate in a class action lawsuit or class-wide arbitration.
Batch Arbitration: To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to AAA or another arbitration provider (if AAA is unavailable) against SurelyDogs within a 90-day period (or in otherwise close proximity), the arbitration provider shall:
You agree to cooperate in good faith with SurelyDogs and AAA to implement such a “Batch Arbitration” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.
Location: At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.
Required Pre-Arbitration Dispute Resolution: Prior to initiating any arbitration, the initiating party will give the other party at least 60 days' advanced written notice, along with any supporting documents and information, of its intent to file for arbitration. SurelyDogs will provide such notice by email to your email address on file with SurelyDogs, and you must provide such notice by email to legal@surelydogs.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand, and AAA may not accept any demand without this certification.
For purposes of this section, these Terms of Service and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. § 1-16 (“FAA”). To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with SurelyDogs.
Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process described above, SurelyDogs will pay the filing fees for both parties. The AAA consumer rules will otherwise apply to determine the costs and expenses due from each party. In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive compared to the costs of litigation, SurelyDogs will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.
Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may:
at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms or if we believe you are younger than 18. Upon termination of these Terms, your SurelyDogs Account and right to access and use the Site will terminate immediately. You understand that any termination of your SurelyDogs Account may involve deletion of any User Content you may have posted. SurelyDogs will not have any liability whatsoever to you for any termination of these Terms, including for termination of your SurelyDogs Account or deletion of your User Content.
Survival of Provisions: The provisions herein related to our IP rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation of liability, and dispute resolution, including individual arbitration, together with any other rights and obligations which by their nature should survive, will survive such termination, including the end of any other aspect of the relationship between you and SurelyDogs, including your decision to stop purchasing from SurelyDogs or the cancellation, opt-out, or end of any participation in any service, program, or promotion offered by SurelyDogs.
SurelyDogs respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of SurelyDogs' IP without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the Site.
In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights.
Notice of Alleged Infringement: If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
Counter Notification: You may submit your counter notification to SurelyDogs' Copyright Agent by mail or email as set forth below:
SurelyDogs DCMA Copyright Agent
Attn: Legal
5830 E 2nd St, Ste 7000 #19886
Casper, Wyoming 82609, US
legal@surelydogs.com
Disclaimer: Pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by SurelyDogs in connection with the written notification and allegation of copyright infringement.
Changes to the Site: We reserve the right to make changes to our Site at any time, including but not limited to our Terms, Privacy Policy, Autoship Terms and Conditions, Gift Card Terms and Conditions, and any other terms and conditions that may apply to our Site and/or Products, programs, and services. Each time you use our Site, you should visit and review the then-current terms and policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then-current terms and policies, your sole remedy is not to use our Site.
Severability: If any provision of these Terms is deemed invalid, void, or for any reason unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
Waiver: Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation."
Assignment: These Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without SurelyDogs' prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. SurelyDogs may assign these Terms or any rights and obligations hereunder without restriction.
Entire Agreement: These Terms of Use constitute the entire agreement between you and SurelyDogs regarding the use of the Site and supersede all prior agreements, understandings, and representations.
Contact Information: If you have any questions about these Terms, please contact us at:
SurelyDogs Legal
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5830 E 2nd St, Ste 7000 #19886
Casper, Wyoming 82609, US
legal@surelydogs.com
Your privacy is important to us. Please review our Privacy Policy to understand how we collect, use, and protect your personal information.
Our Return Policy outlines the terms and conditions under which you can return or exchange Products. By making a purchase, you agree to comply with these terms.
Please refer to our Shipping Policy for detailed information regarding shipping methods, costs, delivery times, and other related policies.
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