Terms Of Use

PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE, MOBILE SITE OR MOBILE APPLICATION.

These Terms of Use (“Terms”) apply to your access to, and use of, the Web site operated by Diggs Inc. (“Diggs,” “we,” or us”) and any other Diggs Web Sites, mobile Sites, mobile applications and other online services which link to these Terms (collectively the "Site"). These Terms do not alter in any way the terms or conditions of any other agreement you may have with Diggs for products, services or otherwise.

We reserve the right to change or modify any of the terms and conditions contained in the Terms or any policy or guideline of the Site, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Site following the posting of changes or modifications will confirm your acceptance of such changes or modifications.

Privacy Policy

This Privacy Policy explains how information about you is collected, used and disclosed by Diggs Inc. (“Diggs,” “we,” or us”). This Privacy Policy applies to information we collect when you use our website or any other online products and services that link to this Privacy Policy (collectively, the "Site").

We may change this Privacy Policy from time to time. If we make changes, we will notify you by revising the date at the top of the policy and, in some cases, we may provide you with additional notice (such as adding a statement to our homepage or sending you an email notification). We encourage you to review the Privacy Policy whenever you access the Site to stay informed about our information practices and the ways you can help protect your privacy.

COLLECTION OF INFORMATION

Information You Provide to Us

We collect information you provide directly to us. For example, we may collect information when you use our Site, buy our products, provide product reviews, create an online account, sign up to receive our emails, communicate with us via a third-party social media site, request customer support, or otherwise communicate with us. The types of information we may collect include your name, email address, zip or postal code, billing address, shipping address, phone number, payment card information, product preferences, demographic information and any other information you choose to provide. In some cases, we may also collect information you provide about others, such as when you decide to purchase and ship products to someone else. We will use this information to fulfill your requests and will not send marketing communications to your contacts unless they separately opt in to receive communications from us.

Information We Collect Automatically When You Use the Site

When you access or use our Site, we automatically collect information about you, including:

- Log Information: We log information about your use of the Site, including the type of browser you use, access times, pages viewed, your IP address and the page you visited before navigating to our Site.

- Device Information: We collect information about the computer or mobile device you use to access our Site, including the hardware model, operating system and version, device identifiers and mobile network information.

- Information Collected by Cookies and Other Tracking Technologies: We use various technologies to collect information, and this may include sending cookies to your computer or mobile device. Cookies are small data files stored on your hard drive or in device memory that helps us to improve our Site and your experience, see which areas and features of our Site are popular, and count visits. We may also collect information using web beacons (also known as "tracking pixels"). Web beacons are electronic images that may be used in our Site or emails and help deliver cookies, count visits, understand usage and campaign effectiveness and determine whether an email has been opened and acted upon. For more information about cookies, and how to disable them, please see "Your Choices" below.

Information We Collect From Other Sources

We may also obtain information from other sources and combine that with information we collect through our Site.

USE OF INFORMATION

We may use information about you for various purposes, including to:

- Provide, maintain, and improve our Site;

- Process payments for and providing the products you have ordered;

- Provide the information you request, process and complete registrations and related transactions, and send you receipts and confirmations;

- Request feedback and otherwise contact you about your use of the Site;

- Respond to your emails, submissions, questions, comments, and requests and to provide customer service;

- Send you updates and newsletters and otherwise provide you with information about us or that we think will be of interest to you, such as sending you news and information to keep you informed about various issues, events, resources, promotions, products and services;

- Send you technical notices, updates, confirmations, security alerts and support and administrative messages and otherwise facilitate your use of, and our administration and operation of, the Site;

- Monitor and analyze trends, usage and activities in connection with our Site;

- Link or combine with information we get from others to help understand your needs and provide you with better information

- Carry out any other purpose for which the information was collected.

Diggs is based in the United States and the information we collect is governed by U.S. law. By accessing or using the Site or otherwise providing information to us, you consent to the processing and transfer of information in and to the U.S. and other countries.

SHARING OF INFORMATION

We may share information about you as follows or as otherwise described in this Privacy Policy:

With vendors, consultants and other service providers who need access to such information to carry out work on our behalf;

In response to a request for information if we believe disclosure is in accordance with any applicable law, regulation or legal process, or as otherwise required by any applicable law, rule or regulation;

If we believe your actions are inconsistent with the spirit or language of our user agreements or policies, or to protect the rights, property and safety of Diggs or others;

In connection with, or during negotiations of, any merger, reorganization, sale of assets, financing or acquisition or in any other situation where personal information may be disclosed or transferred as one of the assets of Diggs; and

By publicly posting, at our discretion, your product review or other user content if you provide one;

With your consent or at your direction, including if we notify you through our Site that the information you provide will be shared in a particular manner and you provide such information.

We allow our e-commerce partner DHL to obtain personal information for the purposes of facilitating ordering and shipping internationally. For more information about DHL’s privacy policy, see http://www.dhl.com/en/legal.ht... may also share aggregated or anonymized information that does not directly identify you.

Social Sharing Features The Site may offer social sharing features and other integrated tools (such as the Facebook "Like" button), which let you share actions you take on our Site with other media, and vice versa. The use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the entity that provides the social sharing feature. For more information about the purpose and scope of data collection and processing in connection with social sharing features, please visit the privacy policies of the entities that provide these features.

Analytics Services Provided by Others We may use third parties to provide us with analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of the Site and other websites, including your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver content targeted to your interests on our Site and other websites and better understand your online activity.

Security Diggs takes reasonable measures to help protect information about you from loss, theft, misuse and unauthorized access, disclosure, alteration and destruction.

ADVERTISING AND OTHER TRACKING TECHNOLOGIES

We engage third parties to serve advertisements on our behalf across the Internet and to provide analytics services. These entities may use cookies, web beacons and other technologies to collect information about your use of our websites, such as your IP address, web browser, pages viewed, time spent on pages, links clicked and conversion information. This information may be used by us and others to, among other things, analyze and track data, determine the popularity of certain content, deliver advertising and content targeted to your interests on our websites and other websites and better understand your online activity.

We may also work with third parties to serve ads to you as part of a customized campaign on other websites or platforms. For more information about Internet-based ads, or to opt out of having your web browsing information used for behavioral advertising purposes, please visit http://www.networkadvertising.... and www.aboutads.info/choices. European users may opt of receiving targeted advertising by visiting http://www.youronlinechoices.e... CHOICES

Cookies

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. Removing or rejecting browser cookies does not necessarily affect third party flash cookies used in connection with our Site. Please note that if you choose to remove or reject cookies, this could affect the availability and functionality of our Site.

Promotional Communications

You may opt out of receiving promotional messages by following the instructions in those messages or contacting us at info@diggs.pet. If you opt out, we may still send you other types of emails, such as those about your use of the Site.

CHILDREN

We do not knowingly collect any Personal Identifiable Information from children under the age of 13. If you think that your child provided this kind of information to us, please contact us immediately and we will endeavor to promptly remove such information from our records.

CONSENT

By using our website, you hereby consent to our Privacy Policy and agree to its terms.

CUSTOMERS WHO ARE RESIDENTS OF THE EUROPEAN ECONOMIC AREA (“EEA”)

Legal Basis for Processing

We process your personal data described above:

- As necessary to fulfill our responsibilities under our contract with you (e.g., processing payments for and providing the products you have ordered);

- As necessary for our legitimate interests, including our interest in providing relevant and secure products and services to you, and improving our services and products;

- As necessary to comply with our legal obligations; or

- As consistent with your consent, which you may revoke at any time.

Exercising Your Rights

You have the right to access personal data we hold about you and to ask that your personal data be corrected or erased and to port your data. You may also have the right to object to, or request that we restrict, certain processing or to withdraw consent you have previously provided. If you would like to exercise any of these rights, you may contact us at info@diggs.pet.

Questions or Complaints

If you have a concern about our processing of your personal data that we are not able to resolve, you have the right to lodge a complaint with the Data Protection Authority where you reside. For contact details of your relevant local Data Protection Authority, please see http://ec.europa.eu/justice/data-protection/article-29/structure/data-protection-authorities/index_en.htm.

CUSTOMERS WHO ARE RESIDENTS OF CALIFORNIA

California law permits residents of California to request notice of how their information is shared with third parties for direct marketing purposes. If you are a California resident and would like a copy of this notice, please submit a written request to info@diggs.pet.

DATA RETENTION

Diggs will retain your personal information only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your information to the extent necessary to comply with our legal obligations, resolve disputes, and enforce our policies.

CONTACT US

If you have any questions about this Privacy Policy, please contact us at: info@diggs.pet.

Copyright and Limited License

Unless otherwise indicated in the Site, the Site and all content and other materials on the Site, including, without limitation, Diggs’ logo, and all designs, text, graphics, pictures, information, data, software, tools, widgets, sound files, other files and the selection and arrangement thereof (collectively, the "Site Materials") are the proprietary property of Diggs or its licensors or users and are protected by U.S. and international copyright laws.

You are granted a limited, non-sublicensable license to access and use the Site and the Site Materials for your informational, non-commercial and personal use only. Such license is subject to these Terms and does not include: (a) any resale or commercial use of the Site or the Site Materials therein; (b) the reproduction, distribution, public performance or public display of any Site Materials, except as expressly permitted on the Site; (c) modifying or otherwise making any derivative uses of the Site and the Site Materials, or any portion thereof; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of the Site, the Site Materials or any information contained therein, except as expressly permitted on the Site; or (f) any use of the Site or the Site Materials other than for its intended purpose. Any use of the Site or the Site Materials other than as specifically authorized herein, without the prior written permission of Diggs, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including without limitation copyright and trademark laws and applicable communications regulations and statutes.

Unless explicitly stated herein, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time.

Trademarks

All logos and slogans contained in the Site are trademarks of Diggs, its suppliers or licensors, or other third parties and may not be copied, imitated or used, in whole or in part, without the prior written permission of Diggs or the applicable trademark holder. You may not use any metatags or any other "hidden text" utilizing "Diggs," “Pet Innovation Ventures” or any other name, trademark or product or service name of Diggs without our prior written permission. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of Diggs and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, and supplier or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us.

Hyperlinks

You may not use a Diggs logo or other proprietary graphic of Diggs to link to the Site without the express written permission of Diggs. Further, you may not use, frame or utilize framing techniques to enclose any Diggs trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without Diggs’ express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Diggs or any third party.

Diggs makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party web sites accessible by hyperlink from the Site, or any website linking to the Site. Such sites are not under the control of Diggs and Diggs is not responsible for the contents of any linked site or any link contained in a linked site, or any review, changes or updates to such Site. Diggs provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement, or adoption by Diggs of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.

Third Party Content; Third Party Products and Services

We may make third party information and other content available on or through the Site (the "Third Party Content") as a service to those interested in this information and we may provide information regarding or access to third party products or services available on or through the Site ("Third Party Products and Services"). Your business dealings or correspondence with such third parties, and any terms, conditions, warranties or representations associated therewith, are solely between you and such third party. Diggs does not control, endorse or adopt any Third Party Content or Third Party Products, and makes no representation or warranties of any kind regarding the Third Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that Diggs is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Users use such Third Party Content contained therein at their own risk.

Submissions

You acknowledge and agree that any feedback, questions, comments, suggestions, ideas, or other information or materials regarding the Site or Diggs that are provided by you in the form of email or other submissions to Diggs, or any postings on the Site, are non-confidential and shall become the sole property of Diggs. Diggs shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose without acknowledgment or compensation to you.

Disclaimers

EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY DIGGS, THE SITE, THE SITE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. DIGGS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AND AS TO ACCURACY OR RELIABILITY OF THE INFORMATION, CONTENT, FORMS OR OTHER SITE MATERIALS ACCESSED THROUGH THE SITE. DIGGS DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.

DIGGS IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS, INCLUDING THOSE RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE DIGGS ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND SERVICES SAFE, DIGGS CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD.

DIGGS IS ALSO NOT RESPONSIBLE OR LIABLE IN ANY MANNER FOR ANY THIRD PARTY ACTIVITIES OR EVENTS LISTED ON THE SITE OR FOR THE CONDUCT OF ANY EVENT OR ACTIVITY ORGANIZERS OR OTHER USERS OF THE SITE.DIGGS RESERVES THE RIGHT TO CHANGE ANY AND ALL CONTENT CONTAINED IN THE SITE AND ANY SERVICES OFFERED THROUGH THE SITE AT ANY TIME WITHOUT NOTICE. REFERENCE TO ANY PRODUCTS, SERVICES, PROCESSES OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY DIGGS.

LIMITATION OF LIABILITY

IN NO EVENT SHALL DIGGS OR OUR EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITE, THE SERVICES, THE CONTENT OR THE SITE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM DIGGS, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DIGGS’ RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF DIGGS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SITE OR THE SITE MATERIALS EXCEED TEN DOLLARS..

Applicable Law and Venue

These Terms and your use of the Site shall be governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within New York, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these Terms shall be filed only in the state and federal courts located in the state of New York and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Termination

Notwithstanding any of these Terms, Diggs reserves the right, without notice and in its sole discretion, to terminate your license to use the Site, and to block or prevent future your access to and use of the Site.

Severability

If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Questions & Contact Information

Questions or comments about the Site may be directed to Diggs at the following email address: info@diggs.pet

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