DIGGS TERMS OF SERVICE AGREEMENT
LAST REVISED ON: May 13th, 2022
Welcome to Diggs! PLEASE READ THIS TERMS OF SERVICE AGREEMENT (“TERMS”) CAREFULLY. THESE TERMS ARE A LEGAL CONTRACT BETWEEN YOU AND DIGGS, INC. (“DIGGS,” “WE,” “US” OR “OUR”) governing (i) your use, and Diggs’ provision to you of Diggs.pet or any other website of Diggs with a link to these Terms or any content, information, services, features, or resources available or enabled thereon (collectively, the “Site”); (ii) any transactions made through the online store located at the Site; and (iii) any products offered for sale through the online store located at the Site (collectively the “Products”). Your use of the Site and our Products may be subject to any additional terms, conditions and policies that we separately post on the Site or make available to you, and any agreements that you have separately executed with Diggs (“Supplemental Terms”) which are incorporated by reference into these Terms, (together, the “Agreement”). To the extent there is any conflict between these Terms and the Supplemental Terms, the Supplemental Terms will control with respect to the subject matter of such agreement.
BY CLICKING “I ACCEPT,” OR OTHERWISE ACCESSING OR USING THE PRODUCTS, THE SITE, OR ANY PORTION THEREOF, YOU ACKNOWLEDGE AND AGREE THAT: (i) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT; (ii) YOU ARE AT LEAST THIRTEEN (13) YEARS OLD; (iii) IF YOU ARE UNDER EIGHTEEN (18) YEARS OLD (OR UNDER THE AGE OF MAJORITY WHERE YOU LIVE), YOU HAVE REVIEWED THE AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN AND THEY AGREE TO THE TERMS OF THIS AGREEMENT ON YOUR BEHALF AND TAKE FULL RESPONSIBILITY FOR YOUR COMPLIANCE WITH THE AGREEMENT AND (iv) YOU ARE NOT A PERSON OR ENTITY BARRED FROM USING THE SITE OR PRODUCTS UNDER THE LAWS OF THE UNITED STATES, YOUR PLACE OF RESIDENCE OR ANY OTHER APPLICABLE JURISDICTION. YOU FURTHER REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT (ON BEHALF OF YOURSELF AND, AS APPLICABLE, THE ENTITY THAT YOU REPRESENT). IF THE INDIVIDUAL ENTERING INTO THIS AGREEMENT OR OTHERWISE ACCESSING OR USING THE SITE IS DOING SO ON BEHALF OF, OR WITHIN HIS OR HER CAPACITY AS A REPRESENTATIVE, AGENT, OR EMPLOYEE OF AN ENTITY, SUCH INDIVIDUAL AND SUCH ENTITY AGREE THAT: (i) THE TERM “YOU” AND “YOUR” AS USED HEREIN APPLY TO SUCH ENTITY AND SUCH INDIVIDUAL; AND (ii) THAT THE INDIVIDUAL ENTERING INTO THIS AGREEMENT HAS THE POWER, RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF SUCH ENTITY.
SECTION 15 OF THESE TERMS CONTAINS AN ARBITRATION CLAUSE THAT REQUIRES MOST DISPUTES BETWEEN US TO BE RESOLVED ON AN INDIVIDUAL, NON-CLASS ACTION BASIS THROUGH BINDING AND FINAL ARBITRATION INSTEAD OF IN COURT. SEE SECTION 15 FOR MORE INFORMATION REGARDING THIS ARBITRATION CLAUSE, AND HOW TO OPT OUT IF YOU DESIRE TO DO SO.
- HOW THE SITE WORKS. We provide our customers with innovative pet Products including the collapsible Revol dog crate, compatible Snooz crate pad and the Groov crate training tool. To learn more about our offerings, visit our website here.
- ACCESS TO THE SITE
- Access and Use. Subject to the terms of this Agreement, Diggs grants you a non-transferable, non-exclusive, revocable, limited right to access and use the Site solely for your own personal, noncommercial use.
- Certain Restrictions. By accessing and using the Site or Products you agree that you will not, and will not permit any third party to: (a) license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) frame or utilize framing techniques to enclose any trademark, logo, or other Diggs content (including images, text, page layout or form) of Diggs; (c) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or the Products; (d) access or use the Site or the Products in order to build a similar or competitive website, product, or service; and (e) copy, reproduce, distribute, republish, download, display, post or transmit in any form or by any means any part of the Site, except as expressly permitted herein. Unless otherwise indicated, any future release, update, or other addition to the functionality of the Site shall be subject to this Agreement. All copyright and other proprietary notices on the Site or the Products (or on any content displayed on the Site) must be retained on all copies thereof.
- Modification. Diggs reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Diggs will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
- No Support or Maintenance; Necessary Equipment. You acknowledge and agree that Diggs will have no obligation to provide you with any support or maintenance in connection with the Site. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Site.
- Ownership. Excluding any User Content that you may provide (defined in Section 5 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site, and its content are owned by Diggs or Diggs’s suppliers. Neither this Agreement (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to the Site and its content, except for the limited access rights expressly set forth in Section 2.1. Diggs and its suppliers reserve all rights not granted in this Agreement. There are no implied licenses granted under this Agreement.
- TERMS OF SALE. These purchase terms (“Terms of Sale”) shall govern any order to purchase Diggs Products you make through the Site (each an “Order”).
- Product Descriptions, Availability, “Final Sales”. Except as otherwise agreed, descriptions, images, references, features, content, specifications, products, price and availability of any Products on the Site are subject to change without notice. We will make reasonable efforts to accurately display the attributes of our Products on the Site. By placing an Order, you represent that the Products will be used only in a lawful manner. We reserve the right, with or without prior notice, to limit the available quantity of or discontinue any Product. In addition, we may designate certain Products as not eligible for return and the sale of such Products will be final, with notice of such final sale stated in the Product description and/or the Order acceptance confirmation.
- Order Acceptance. When you place an Order, you must assent to the terms of the Order by signifying your acceptance (e.g., by clicking a “Pay Now” button). Your placement of an Order through our Site is an offer to purchase the Product(s) selected and placed in your cart, and we may accept your Order by processing your payment and shipping the Product(s) you have ordered. Orders may not be canceled or rescheduled without the written consent of Diggs. Your receipt of an invoice, or other form of Order confirmation does not signify our acceptance of your Order, nor does it constitute confirmation of our offer to sell the selected Product(s) to you. Your Order will be deemed accepted by Diggs upon our delivery of the Product(s) that you have ordered. We may require additional verifications or information before accepting any Order.
- Shipping. Unless otherwise set forth in a communication between you and Diggs, Diggs ships Products purchased through the Site to street addresses within the United States. Upon shipment, we will send you notice confirming the shipment at the email associated with your Order. We do not allow address changes after we send the confirmation of your Order shipment. Not all delivery options are available in all areas. The risk of loss and title for Products you purchase pass to you upon our delivery of the Products to the carrier. Replacement of Diggs Products and credits for shipped Products claimed as not received are subject to investigation, which may include notifying the carrier. Your Product shipment will be delivered via UPS or any other carrier we may engage.
- Tracking your order. As your Order ships, we will send you an email providing the shipment tracking number(s). To see the detailed progress of your shipment, click on the tracking number link provided in your email. Please note that tracking details may not be active immediately; in that case, check back in several hours or the following day. You may also track your order directly on the Site by providing your order number and email address here.
- Limited Warranty; Return Policy. We provide a Limited Warranty for the Products. If you have a claim under the Limited Warranty or are otherwise eligible for a return under our Return Policy, please follow the procedures specified in the policy. As stated in Section 3.1, we may offer certain Products that are not subject to return or are designated as final sale.
- Restriction on Resale. You acknowledge that the Site is only intended to be used to purchase Products for personal, non-commercial use. Products sold on the Site are not authorized for resale. Diggs reserves the right to decline any Order that we deem to possess characteristics of reselling.
- Payments. To pay for an Order, you will need to provide Diggs with the information necessary to process your Order. For online payments, we use third-party payment processors (currently, Shopify, PayPal, and Amazon Pay ), and such processors’ terms shall govern your payment. You may pay for your Order with any method of payment that our third-party payment processors accept (each, a “Payment Method”). You represent and warrant that you will not use any Payment Method unless you have all necessary authorization to do so. We do not process, record or maintain your credit card or bank account information, and we will share transaction data with our payment processors only to the extent necessary for the purposes of processing your payments, refunding such payments and dealing with complaints and queries relating to such payments and refunds. For more information on how payments are handled, or to understand the data security and privacy afforded such information, please refer to our payment processors’ websites, located at https://www.shopify.com/legal/privacy; https://www.paypal.com/us/webapps/mpp/ua/privacy-full; https://www.klarna.com/us/privacy/; https://www.afterpay.com/en-US/privacy-policy; and https://pay.amazon.com/help/201491260.
- Taxes and Fees. Unless otherwise indicated, the prices listed on the Site do not include sales tax, shipping, and handling charges. You will have the opportunity to review the Product prices and the estimated sales tax, shipping, and handling charges prior to submitting your Order or completing the checkout process. The final calculation of the actual sales tax collected, which will be calculated in accordance with the tax code of the city and state to which the Order will be shipped, will be reflected in your Order confirmation and/or packing slip. Except for sales tax, which is collected by Diggs, prices for Products exclude all other taxes, duties, levies or fees, or other similar charges imposed on you by any taxing authority related to your Order. You are responsible for payment of such taxes, duties, levies, fees or other similar charges resulting from your Order (other than taxes imposed on Diggs’ income) and we are not responsible for collecting, reporting, paying, or remitting to you any such taxes, fees, or charges.
- USER CONTENT
- User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., product reviews you may submit). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate Section 6. You further represent that you own and/or have a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right (including any moral rights) and license to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display your User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed, for the full term of any worldwide intellectual property right that may exist in your User Content. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Diggs. Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates Section 6. Diggs is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.
- License. You hereby grant (and you represent and warrant that you have the right to grant) to Diggs an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in connection with the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
- Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate Section 6 or any other provision of this Agreement, otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, and/or reporting you to law enforcement authorities. We may also remove your User Content or terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of this Agreement
- Feedback. If you provide Diggs with any feedback or suggestions regarding the Site or our Products (“Feedback”), including without limitation, any information you provide directly to us through our site at this link, you hereby assign to Diggs all rights in such Feedback and agree that Diggs shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Diggs will treat any Feedback you provide to Diggs as non-confidential and non-proprietary. You agree that you will not submit to Diggs any information or ideas that you consider to be confidential or proprietary.
- ACCEPTABLE USE POLICY. You agree not to: (i) use the Site to upload, transmit, display, or distribute any User Content that (a) violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; or (b) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party, or is otherwise objectionable; (ii) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (iii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iv) abuse other users’ personal information that you receive through the Site, such as to harvest, collect, gather or assemble information or data regarding other users without their consent; (v) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (vi) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vii) interfere with any other user’s use and enjoyment of the Site; (viii) impersonates any person or entity, including any employee or representative of Diggs; or (ix) generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
- DIGGS COMMUNICATIONS.
- Generally. You may have the opportunity to provide us with your phone number or e-mail address. By providing your phone number or email address to us, you consent to receive SMS/text messages, and email communications from Diggs. Communications from us may include communications about your use of the Site and our Products.
- Promotional Email Communications. If you opt-in to receive marketing or promotional email communications from us, you will have the ability to opt out of receiving such communications by following the unsubscribe instructions in the communication itself. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PROMOTIONAL EMAILS AS A CONDITION OF USING THE SITE OR PURCHASING THE PRODUCTS.
BY OPTING IN TO ONE OF OUR SMS MESSAGING SERVICES, YOU AGREE TO RECEIVE MARKETING SHORT-CODE SMS MESSAGES THROUGH THE SERVICE. HOWEVER, YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE ANY SHORT-CODE SMS MESSAGES OR OTHER PROMOTIONAL TEXTS OR CALLS THROUGH THIS SERVICE AS A CONDITION OF USING THE SITE OR PURCHASING THE PRODUCTS.
- Electronic Communications. The communications between you and Diggs use electronic means, whether you use the Site or send us emails, or whether Diggs posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Diggs in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Diggs provides to you electronically satisfy any legal requirement that such communications would satisfy if they were to be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
- INDEMNIFICATION. You agree to indemnify and hold Diggs (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Diggs 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 Diggs. Diggs will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- THIRD-PARTY MATERIALS; OTHER USERS
- Third-Party Links, Applications. The Site may contain links to third-party websites and services, and applications for third parties (collectively, “Third-Party Materials”). Such Third-Party Materials are not under the control of Diggs, and Diggs is not responsible for any Third-Party Materials. Diggs provides access to these Third-Party Materials only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Materials. You use all Third-Party Materials at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Materials, the applicable third-party’s terms and policies apply, including the third-party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Materials.
- Other Users. Each user of the Site is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. We make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 3.5, YOUR USE OF THE SITE AND USE OF ANY PRODUCTS OFFERED THROUGH THE SITE IS AT YOUR SOLE RISK, AND THE SITE AND ANY PRODUCTS ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND NO GUARANTEES REGARDING OUTCOMES OR PERFORMANCE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, DIGGS (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT ARISING FROM THE SITE AND THE PRODUCTS OFFERED THROUGH THE SITE. THIS SECTION 10 DOES NOT AFFECT IN ANY WAY OUR RETURN POLICY FOR THE PRODUCTS. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR THE PRODUCTS OFFERED THROUGH THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR THAT IT WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SITE, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL DIGGS AND ITS OFFICERS, EMPLOYEES AND AGENTS (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE AND/OR ANY PRODUCTS OFFERED THROUGH THE SITE, EVEN IF DIGGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE AND/OR THE PRODUCTS OFFERED THROUGH THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES, INCLUDING DAMAGES TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (a) THE TOTAL AMOUNT PAID BY YOU FOR PURCHASES MADE THROUGH THE SITE DURING THE TWELVE (12) MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY; OR (b) ONE HUNDRED ($100) DOLLARS. THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
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. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN DIGGS AND YOU.
- TERM AND TERMINATION. Subject to this Section, this Agreement will remain in full force and effect while you use the Site and our Products. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement. Upon termination of your rights under this Agreement, your right to access and use the Site will terminate immediately. Diggs will not have any liability whatsoever to you for any termination of your rights under this Agreement. Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 2.2 - 2.5, 3 - 8, 9.2, 10- 13, 15, and 16.
- COPYRIGHT POLICY
Diggs respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and 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 online Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, 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:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, 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 attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.
- INTERNATIONAL USERS. The Site can be accessed from countries around the world and may contain references to Products, services and content that are not available in your country. These references do not imply that Diggs intends to announce such services or content in your country. The Site is controlled and offered by Diggs from its facilities in the United States of America. Diggs makes no representations that the Site are appropriate or available for use in other locations. Those who access or use the Site from other countries do so at their own volition and are responsible for compliance with local law.
- ARBITRATION AGREEMENT. Please read the following arbitration agreement in this section (“Arbitration Agreement”) carefully. It requires users to arbitrate disputes with Diggs and limits the manner in which you can seek relief from us.
- Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Site, to any Products sold or distributed through the Site, or to any aspect of your relationship with Diggs, will be resolved by binding arbitration, rather than in court, except that (a) you may assert claims or seek relief in small claims court if your claims qualify; and (b) you or Diggs may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to our registered agent A Registered Agent, Inc. at 8 The Green STE A, Dover, DE 19901. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims, counterclaims, or request for relief under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other disputes shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Diggs will pay them for you. In addition, Diggs will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for disputes, claims, or requests for relief totaling less than $10,000 unless the arbitrator determines the claims are frivolous.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Diggs. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND DIGGS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Diggs are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 (Application of Arbitration Agreement) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this section’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other disputes, claims, or requests for relief shall be arbitrated.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: firstname.lastname@example.org, within thirty (30) days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. Except as provided in Section 15.5 (Waiver of Jury Trial), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Diggs.
- Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Diggs makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Diggs at the following address: 29-10 Thomson Ave., Suite C760, Studio 14, Long Island City, NY 11101.
- Changes. You understand that the Site is evolving. You acknowledge and agree that Diggs may update the Site or our Products with or without notifying you. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to this Agreement will be effective upon the earlier of: (i) thirty (30) calendar days following our dispatch of an e-mail notice to you (if applicable); or (ii) thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Release. As permissible under applicable law, you hereby release Diggs (and its officers, employees, and agents) and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arising from your use of the Site or any Products obtained hereunder, including but not limited to, any interactions with or conduct of other users or Third-Party Materials of any kind arising in connection with or as a result of the Agreement or your use of Site. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” The foregoing release does not apply to any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death, or property damage, for any unconscionable commercial practice by a Diggs or for such party’s fraud, deception, false, promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Site or Products obtained through the Site.
- Export. The Site and the Products may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Diggs, or any products utilizing such data, in violation of the United States export laws or regulations.
- Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Diggs agree that all claims and disputes arising out of or relating to this Agreement will be litigated exclusively in the state or federal courts located in New York.
- Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
- Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
- Disclosures. Diggs is located at the address in Section 16.12. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
- Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Diggs’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
- Force Majeure. Diggs shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, pandemic, epidemic, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
- Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the Products. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Diggs is that of an independent contractor, and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Diggs’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Diggs may freely assign this Agreement. The terms and conditions set forth in these Agreements shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2021, Diggs, Inc. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site and the Products are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks. All goodwill generated from the use of any Diggs Marks will inure to Diggs’s benefit.
- Contact Information:
Address: 29-10 Thomson Ave., Suite C760, Studio 14, Long Island City, NY 11101
Toll-free: 1 (833) 802-0537Telephone: (347) 862-9473
Diggs Refer-a-Friend Program Terms & Conditions
- Qualified Referral. A Qualified Referral is defined as a purchase made at www.diggs.pet by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. For you to earn referral rewards as a Referrer, the Referred Customer must complete an order greater than $100 in total value, minus all fees including taxes, discounts, shipping, returns, chargebacks, fraudulent payments, and/or other 3rd party fees.
- Reward Payments. Rewards are payable in increments of $20. The maximum Qualified Referrals earned per calendar year may be no more than 50 Qualified Referrals. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. Diggs’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in Diggs’s sole discretion. (Corporations are not people, my friend!)
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from Diggs’s Refer-a-Friend program.
- Right to Close Accounts. Diggs reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the Diggs Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. Diggs reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.