Terms & Conditions
LAST UPDATED 12/23/17
shopdogusa.com (including related domains and mobile sites, the “Site”) is the official website for Carolina Creative, LLC. We encourage you to read the following terms governing your use of and purchase of products from the Site. By using the Site or by providing personally identifiable data about you to us, you agree to be bound by these Terms of Service set forth below (the “Terms”).
Other than for the purchase of merchandise from our Site, our Site and the contents of our Site (the “Contents”) are intended for personal, noncommercial use. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. We may change, move or delete portions of, or may add to our Site or its Contents from time to time, and these Terms cover any subsequent changes or modifications to our Site and/or its Contents.
USER COMMENTS, FEEDBACK, POSTCARDS AND OTHER SUBMISSIONS
The Site and its Contents are protected by copyright, trademark, trade dress and other laws, and all worldwide right, title and interest in and to the Site and its Contents are owned by Carolina Creative, LLC. You agree not to display or use such trademarks without our express permission.
Any and all comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered by you on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Carolina Creative, LLC property. Carolina Creative, LLC is not under any obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. By submitting a Comment, you represent and warrant that any Comment you submit does not violate any right of any third party, including copyright, trademark, privacy, patent or other personal or proprietary rights. You further represent and warrant that any Comment you submit to the Site does not contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you submit.
We reserve the right to request further identification for credit card processing on any order you place with us. We reserve the right to change and/or refuse any order you enter on the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order; including multiple orders entered by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. In the event we change or cancel an order, we will attempt to notify you by contacting the applicable contact information provided when order was submitted on the Site.
We have a 15-day return policy (please contact us at www.shopdogusa.com to initiate a return). In order to receive a full refund, your order must be returned in its original packaging. After contacting www.shopdogusa.com, we’ll send you a prepaid shipping label, and once the product is inspected for quality and checked into our warehouse, we’ll issue your refund (provided that only purchases made from www.shopdogusa.com within the contiguous US qualify for free return shipping). After the return has reached our facility, please allow for 5-10 business days for the funds to be credited to your account. There will be a restocking fee (10% of the full item price) that will be deducted from your refund.
If you are unable to comply fully with the return policy, or if your return arrives damaged, unfortunately you may not be entitled to a full refund or any refund.
FAILED DELIVERIES & RETURNED PACKAGES
In the case that the mailing service is unable to deliver a package due to an incorrect address entered by the customer, the customer’s refusal to pay duties, multiple failed attempts to reach the customer at point of delivery, or otherwise, Carolina Creative, LLC is not responsible for payment of return shipping costs levied by the courier. Similarly, Carolina Creative, LLC is not responsible for the payment of re-shipping merchandise to the customer. In cases such as these, the customer is responsible for all shipping costs associated with returned packages due to failed delivery.
You may not:
MODIFY, ALTER, REVERSE ENGINEER, OR CREATE DERIVATIVE WORKS OF THIS SITE OR ITS CONTENTS;
DISTRIBUTE TO THIRD PARTIES OR PUBLICLY DISPLAY ITS CONTENTS OR USE ANY PORTION THEREOF FOR COMMERCIAL PURPOSES, EXCEPT AS EXPRESSLY AUTHORIZED;
SCRAPE, COPY, DOWNLOAD, USE, OR DISTRIBUTE (WHETHER OR NOT FOR COMMERCIAL PURPOSES) ANY OTHER USER’S PERSONAL INFORMATION;
SEND OTHER USERS OF THE SITE SPAM, SURVEYS, CONTESTS, CHAIN LETTERS, PYRAMID SCHEMES, OR OTHER UNSOLICITED BULK OR JUNK MESSAGES;
REMOVE, MODIFY, OR OBSCURE ANY COPYRIGHT, TRADEMARK, OR OTHER PROPRIETARY NOTICE;
ATTEMPT TO (I) GAIN ACCESS TO ANY PORTION OF THIS SITE FOR WHICH YOU DO NOT HAVE AUTHORIZED ACCESS, (II) INTERFERE WITH OR INTERRUPT THE OPERATION OF THIS SITE (INCLUDING WITHOUT LIMITATION THROUGH DENIAL OF SERVICE ATTACKS), OR (III) HARM FLOYD OR ANY USER OF THIS SITE, THROUGH HACKING, DATA MINING, THE USE OF VIRUSES OR OTHER MALWARE, OR ANY OTHER MEANS; OR
OTHERWISE USE OR ACCESS THIS SITE, ITS CONTENTS, OR ANY CONNECTED NETWORK, SYSTEM, OR DATABASE, IN ANY WAY NOT AUTHORIZED BY THESE TERMS OR IN VIOLATION OF ANY LAW.
You agree that you remain responsible for the content that you submit or send using the Site. You agree to defend and hold harmless Carolina Creative, LLC and its affiliates, and their employees, contractors, directors, managers, officers, and representatives, from and against any damages, losses, or costs (including reasonable attorneys’ fees), arising from, or in connection with any claim, suit, or action relating to: (i) your content; (ii) your use of the Site; (iii) your violation or infringement of any right of a third party or any applicable law in connection with the Site; (iv) any property damage or personal injury caused by you; or (v) your breach of these Terms.
DISCLAIMER OF WARRANTY
THE SITE AND ALL CONTENT THEREIN, AND ANY PRODUCTS AND SERVICES OFFERED THROUGH THE SITE, ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND. CAROLINA CREATIVE, LLC AND ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM AND EXCLUDE TO THE FULLEST EXTENT PERMITTED BY LAW ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FLOYD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OF CORRECTNESS, COMPLETENESS, ACCURACY, RELIABILITY, AVAILABILITY, SUPPORT, TIMELINESS, SAFETY, OR PERFORMANCE WITH RESPECT TO THE USE OF THE SITE OR ITS CONTENT. FLOYD MAKES NO WARRANTY THAT THE SITE OR THE PRODUCTS OR SERVICES WILL MEET USER’S NEEDS OR BE ERROR FREE OR ACCURATE. ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY CONTAINED HEREIN WILL NOT BE ENFORCEABLE.
LIMITATIONS OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, FLOYD WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, WHETHER IN CONTRACT, IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING FOR LOSS, CORRUPTION, OR INACCURACY OF DATA, LOST PROFITS, LOST BUSINESS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR LIABILITY OR INJURY TO THIRD PERSONS, WHETHER FORESEEABLE OR NOT AND REGARDLESS WHETHER FLOYD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL FLOYD’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED ONE HUNDRED U.S. DOLLARS ($100.00). THE EXISTENCE OF MULTIPLE CLAIMS WILL NOT ENLARGE THIS LIMIT. THIS LIMITATION WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
This Site originates from the State of North Carolina. Carolina Creative, LLC makes no representation that any content will be available or legal in other locations. You agree to comply with all applicable laws governing your use of the Site. You may not access, download, use or export materials posted to the Site in violation of the export laws or regulations applicable to your or our jurisdiction.
These Terms shall be governed by and construed in accordance with the laws of the State of North Carolina, without regard to rules or principles regarding conflicts of laws. Any action or proceeding arising out of or relating to these Terms must be brought exclusively in the state or federal courts located in Western District of North Carolina. Each party irrevocably consents and waives objection to personal jurisdiction and venue in, and agrees to service of process issued by, any such court in any such action or proceeding.
MODIFICATIONS TO THESE TERMS
From time to time, we may change the terms that govern your use of our Site. Your use of our Site following any such changes to these Terms constitutes your agreement to follow and be bound by the terms as changed.
These Terms constitute the final, complete, and exclusive agreement of the parties relating to the use of the Site and related services, and supersedes and merges all prior discussions between the parties. The rights and remedies provided to Floyd in these Terms are cumulative and in addition to any other rights and remedies available to it at law or in equity. You may not assign or delegate your rights or duties under these Terms without Carolina Creative, LLC’s express prior written consent. Carolina Creative, LLC may assign or delegate its rights or duties under these Terms in its sole discretion. Subject to the foregoing, these Terms shall inure to the benefit of each party’s permitted successors and assigns. In the event that any provision of these Terms is determined to be illegal or unenforceable, that provision will be limited or eliminated to the minimum extent necessary so that all other provisions shall otherwise remain in full force and effect and enforceable. The parties are independent contractors; nothing herein will be construed to create a partnership, joint venture, or agency relationship between the parties, and neither party by virtue of these Terms will have any right, power, or authority to act or create any obligation, expressed or implied, on behalf of the other party. Headings herein are for convenience of reference only and shall not affect interpretation of these Terms.
LAST UPDATED 12/23/2017
PERSONAL DATA THAT YOU PROVIDE THROUGH THE SITE
NON-PERSONAL DATA AUTOMATICALLY COLLECTED
When you interact with the Site, we receive and store certain information about your usage of the Site. Such information, which is collected passively using various technologies, is not intended to be used to specifically identify you. Examples of information collected as you browse the Site include but are not limited to your: computer or mobile device operating system; browser type and language; IP address and/or MAC address; internet service provider; and referrer URL (the last website visited which linked or led to our Site). We may store such information itself or such information may be included in databases owned and maintained by our affiliates, agents or service providers. The Site may use such information and pool it with other information to track, for example, the total number of visitors to our Site, the number of visitors to each page of our Site, and the domain names of our visitors’ Internet service providers. It is important to note that no Personal Data is available or used in this process.
DISABLING COOKIE AND DO NOT TRACK NOTICE
You can often choose to have your computer, operating system, mobile device, or browser warn you each time a cookie is being sent, or you can choose to disable all cookies via your browser settings. On most web browsers, you will find a “help” section on the toolbar. Please refer to this section for information on how to receive notification when you are receiving a new cookie and how to turn cookies off. We recommend that you leave cookies turned on because they allow you to take advantage of some of the Site’s features.
Your browser may also provide you with the option to send a “Do Not Track” signal to websites you visit. This signal is used to request that websites not send the requesting device cookies, but websites have no obligation to respond to such signal or to modify their operation. At the current time, the Site will not treat you differently if we receive Do Not Track signals from your browser and we may not comply with Do Not Track settings on your browser.
In addition, we (or our authorized third-party service providers) may use local shared objects, also known as flash cookies, to display content based upon what you view on the Site and to personalize your visit. Flash cookies are different from browser cookies with respect to the amount and type of data and how that data is stored. Cookie management tools provided by your browser will not remove flash cookies. To learn how to manage privacy and storage settings for flash cookies visit http://kb2.adobe.com/cps/526/52697ee8.html.
AGGREGATED PERSONAL DATA
In an ongoing effort to better understand and serve our users and customers, we often conduct research on its customer demographics, interests and behavior based on the Personal Data and other information provided to us. This research may be compiled and analyzed on an aggregate basis, and we use this aggregate data for our business purposes and we may share such aggregate data with our affiliates, agents and business partners. This aggregate information does not identify you personally. We may also disclose aggregated user statistics in order to describe our services to current and prospective business partners and to other third parties for other lawful purposes.
DATA USE AND SHARING
We may use your Personal Data for the following purposes:
TO PROCESS TRANSACTIONS AND PROVIDE YOU WITH PRODUCTS OR SERVICES YOU REQUEST OR PURCHASE;
TO FACILITATE COMMUNICATION BETWEEN USERS IN ACCORDANCE WITH THE SITE’S FEATURES;
TO RESPOND TO COMMENTS AND QUESTIONS AND PROVIDE CUSTOMER SERVICE;
TO COMMUNICATE WITH YOU, SUCH AS BY SENDING YOU CONFIRMATIONS, INVOICES, TECHNICAL NOTICES, UPDATES, SECURITY ALERTS, AND SUPPORT AND ADMINISTRATIVE MESSAGES;
TO OPERATE, MAINTAIN, AND IMPROVE OUR SITES, PRODUCTS, AND SERVICES, OR TO RESOLVE TECHNICAL PROBLEMS;
TO PROTECT, INVESTIGATE, AND DETER AGAINST FRAUDULENT, UNAUTHORIZED, OR ILLEGAL ACTIVITY;
We may share your Personal Data for the following purposes:
AS REQUIRED BY LAW, SUBPOENAS, COURT ORDERS, OR OTHER LEGAL PROCESSES;
IN THE EVENT WE NEGOTIATE OR ENTER INTO A BUSINESS TRANSACTION INVOLVING THE SALE OR TRANSFER OF ALL OR A PART OF OUR BUSINESS OR ASSETS (INCLUDING WITHOUT LIMITATION ANY MERGER, FINANCING, ACQUISITION, JOINT VENTURE, OR BANKRUPTCY TRANSACTION OR SIMILAR PROCEEDING);
IN AN EMERGENCY, TO PROTECT THE SAFETY OF OUR EMPLOYEES AGENTS, CUSTOMERS, OR ANY PERSON; OR
TO THE EXTENT YOU CONSENT TO THE SHARING OF YOUR PERSONALLY IDENTIFIABLE INFORMATION.
We respect your choice of how your information is used and shared. We will use reasonable efforts to provide you with access to your Personal Data that we have on file for you, so that you may correct, amend, or delete any inaccurate information, and we will accept requests from you via email to update your information. In addition, If you do not want us to use or share your information for marketing purposes or to inform you about products and services that may be of interest to you, you may notify us by selecting or deselecting appropriate options presented to you when we collect your information, or by notifying us afterward by email. We comply with the federal CAN-SPAM Act and you can always opt out of receiving further email correspondence from us in accordance with the law.
DATA RETENTION POLICY
DATA SECURITY DISCLAIMER
While it is not possible to guarantee the security of data transmission over the Internet or any wireless network—and therefore you transmit data to us at your own risk—we use reasonable efforts to safeguard the confidentiality of your Personal Data. Once we receive your information, we will use reasonable efforts to ensure its security on our systems. We may provide links to third parties’ websites, which we do not control. We are not responsible for information that you provide to those third-party sites. We recommend that you review the privacy policies if any provided at those sites.
CALIFORNIA PRIVACY RIGHTS
Under California Civil Code sections 1798.83–1798.84, California residents are entitled to ask us for a notice identifying the categories of personal customer information that we share with our affiliates or other third parties for marketing purposes, as well as the names and addresses of such affiliates or other third parties. If you are a California resident and would like a copy of this notice, please submit a written request to the contact information indicated below.
The Site does not knowingly target children under the age of 13, and Carolina Creative does not collect Personal Data from any child under the age of 13. If we learn that any such information has been provided to us via the Site, we will delete or destroy it. If you believe that Personal Data about your child or another child under the age of 13 has been transmitted through the Site, please contact us at shopdogusa.com.
WE ARE LOCATED IN THE UNITED STATES
MODIFICATIONS TO THIS POLICY