Terms of service

LAST UPDATED AND EFFECTIVE: MAY 12, 2023

THIS WEBSITE IS OWNED AND OPERATED BY DOGEAZE NATURALS LLC. PLEASE READ THESE TERMS OF USE (ALONG WITH OUR PRIVACY POLICY, COOKIE POLICY, AND ANY OTHER APPLICABLE TERMS RELATING TO PROGRAMS WE OFFER, EXPRESSLY INCORPORATED HEREIN BY REFERENCE AS THE “TERMS”) FULLY AND CAREFULLY BEFORE USING WWW.DOGEAZENATURALS.COM (THE “SITE”) AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS AND OBLIGATIONS, INCLUDING LIMITATIONS OF YOUR RIGHTS AND EXCLUSIONS THAT MAY APPLY TO YOU. THESE TERMS SET FORTH LEGALLY BINDING TERMS AND CONDITIONS FOR USE OF THE SITE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

ACCEPTANCE OF TERMS

By browsing or using the Site, or accessing links to our social media accounts or pages on third party websites, you agree to these Terms and any amendments hereto that may be published from time to time on the Site, each of which is incorporated by reference.

IF YOU LIVE IN THE UNITED STATES, BY USING THIS SITE YOU ARE AGREEING TO WAIVE YOUR RIGHT TO SUE IN COURT AND INSTEAD AGREE TO HAVE ALL DISPUTES DECIDED BY AN ARBITRATOR. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL TO SETTLE DISPUTES RELATING TO YOUR USE OF THE SITE, AS STATED FULLY IN THE “DISPUTE RESOLUTION” SECTION BELOW.

KEY TERMS

DogEaze Naturals LLC is referred to herein as “DEN,” “we,” or “our.”

“Content” means logos, design, text, graphics, images, software, audio, video, works of authorship of any kind, and information and other materials that are posted, generated, provided, or otherwise available through or on the Site. We and our licensors exclusively own all right, title, and interest in and to the Content, including all associated intellectual property rights. You acknowledge that Content is protected by copyright, trademark, and other laws of the United States and foreign countries and that you will not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying Content on the Site.

“Site” means the website www.dogeazenaturals.com and other websites through which we advertise and sell our products.

“Terms” refers to the terms and conditions of these Terms of Use, along with our Privacy Policy and Cookie Policy.

“User” means any visitor to the Site, regardless of whether the visitor registers for the Site or purchases any products from the Site, and is referred to herein as “User” or “you.”

“User Content” refers to any photographs, comments, video clips, or other Content that Users, including you, may upload to the Site. Content includes, without limitation, User Content. We do not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights a User may have to use and exploit their own User Content.

ELIGIBILITY TO USE THE SITE

By browsing or using the Site, you agree that you are at least thirteen (13) years of age. If you are between thirteen (13) and seventeen (17) years of age, you must use the Site only with the permission and involvement of your parent or guardian. As long as you comply with these Terms, you may view and use our Site for your personal, non-commercial purposes. No other use of the Site is authorized.

NOTICE REQUIRED BY SOUTH CAROLINA LAW

Pursuant to SOUTH CAROLINA Civil Code Section Title 37, SOUTH CAROLINA residents are entitled to the following specific consumer rights notice:

The name, address, and telephone number of the provider of this service is DogEaze Naturals LLC, 4169 Highway 65, Conway, SC 29526. Complaints regarding products, or requests to receive further information regarding use of this Site may be sent to the above address or to info@dogeazenaturals.com.

The Complaint Assistance Unit of the Division of Consumer Services of the SOUTH CAROLINA Department of Consumer Affairs may be contacted in writing at 293 Greystone Blvd #400, Columbia, SC 29210 or by telephone at (800) 922-1594.

GOVERNING LAW

These Terms and any action or proceeding relating thereto will be governed by the laws of the State of South Carolina. If any provision or part-provision of these Terms is declared invalid, unlawful, void, or for any reason unenforceable, it will be deemed severable and will not affect the validity and enforceability of the remaining provisions of these Terms, which will be enforced to the maximum extent permissible.

CHANGES TO TERMS OF USE

We reserve the right to make changes to these Terms at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms. You can determine when these Terms were last revised by referring to the "LAST UPDATED" legend at the top of these Terms of Use. Your continued use of the Site will constitute your acceptance of the current Terms; however, any material change to these Terms after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms that were in effect at the time any claim or dispute arose between you and BLN will be applied.

 

RIGHT TO USER CONTENT POSTED BY YOU

By making any User Content available to or through the Site, you will remain the owner of your User Content, but hereby grant DEN a non-exclusive, transferable, sub-licensable, worldwide, royalty-free license to use, copy, modify, create derivative works based upon, distribute, publicly display, publicly perform, and distribute your User Content in connection with operating and providing products and services to you and/or other Users, and also in connection with advertising of our products and services. You also agree that your User Content will be treated as non-confidential and non-proprietary and will not be returned to you, except as otherwise described in the Privacy Policy.

In the event you upload any User Content to the Site, we have the right to use any and all such elements of the Content in connection with and/or as part of our business, including, but not limited to, in connection with or in any advertising in any and all media, product packaging, printed publications, presentations, promotional materials, events, and associated marketing materials, television and cinema commercials, videos, or on the Site in perpetuity throughout the world as we, in our sole discretion, see fit without further consent by, or payment to, you. By uploading User Content to the Site, you agree to grant DEN the right to use your copyright in such User Content. We also have all right, title, and interest in any and all results and proceeds from our use of the User Content to the extent permissible by law. We have the right to transfer our rights to use the User Content to any third party, including, but not limited to, any of our subsidiaries or affiliated companies.

We may alter, adopt, or edit the User Content and any further material created under these Terms, and market and exploit it entirely in our sole discretion. Upon request, you will furnish BLN with any and all documentation, substantiation, or releases necessary to verify your compliance with these provisions. We are not obligated to make use of any of your User Content or exercise any of the rights granted by these Terms.

You are responsible for all your User Content. You represent and warrant that you own all of your User Content or you have all rights that are necessary to grant DEN the license rights in your User Content under these Terms. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by DEN on or through the Site, will infringe, misappropriate, or violate a third party’s intellectual property rights, rights of publicity or privacy, or result in the violation of any applicable law or regulation.

You can remove your User Content by specifically deleting it. However, in certain circumstances, some of your User Content (such as posts or comments you make) may not be completely removed and copies of your User Content may continue to exist on the Site. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any of your User Content.

MEDICAL DISCLAIMER

The Content, statements, and other material made available on or through the Site: (i) are not intended to diagnose, treat, cure, or prevent any medical condition or disease; and (ii) are not in any way intended as medical advice or as a substitute for medical treatment. If you have a medical condition that may be affected by your use of any products offered on the Site, you should consult with your veterinarian or other healthcare professional before using any product. If your dog has or suspect that he/she has a medical condition, promptly contact your veterinarian. Never delay seeking or disregard professional medical advice because of something you have read on the Site. The Site is solely an online store for dog nutritional products and body care products.

INDEMNIFICATION

You will defend, indemnify, and hold harmless DEN, our affiliates, and each of our and their respective officers, directors, employees, contractors, suppliers, representatives, and agents from any and all claims, demands, liabilities, damages, losses, costs, and expenses, including, but not limited to, reasonable attorneys’ fees, that arise from or relate to (i) your access or use of the Site or Content; (ii) your User Content; (iii) violation of any applicable law that protects DEN or our legal rights or those of any third party that your actions have damaged; (iv) your violation of these Terms or any applicable law, including, but not limited to, infringement by you of any intellectual property rights owned by BLN or any third party; (v) any and all activities that occur under or in connection with your account, username, and/or password. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with BLN in asserting any available defenses. YOU AGREE TO BE RESPONSIBLE FOR ALL SUCH DAMAGES, CLAIMS, OR LOSSES TO THE FULLEST EXTENT PERMITTED BY LAW, EVEN IF THEY ARE CAUSED BY OUR ACTIVE OR PASSIVE NEGLIGENCE, EVEN IF WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, CLAIMS, OR LOSSES, AND EVEN IF THEY ARE REASONABLY FORESEEABLE.

COPYRIGHTS AND TRADEMARKS

The Site, including all of the Content and organization, graphics, design, compilation, services, and other matters related to same, is the sole and exclusive property of DEN and protected by applicable copyright, trademark, other proprietary rights, and other laws of the United States and foreign countries. Unless expressly stated otherwise, we retain other proprietary rights in all Content and products available through the Site.

Except as stated herein, none of the Content may be copied, modified, reproduced, distributed, republished, downloaded, performed, displayed, posted, transmitted, sold, and or made into derivative works in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise without our prior written consent and permission of the respective copyright owner. You may not, without our express written permission or that of the respective copyright owner (i) copy, upload, publish, post, submit, or transmit any materials on any computer network or broadcast or publications media; (ii) modify the materials; or (iii) remove or alter any copyright or other proprietary notices contained in the materials. You also may not (i) sell, resell, or make commercial use of the Site, its Content, services, or products obtained through the Site; (ii) collect or use any product listings or descriptions; (iii) make derivative uses of the Site or its Content; or (iv) use any data mining, robots, or similar data gathering and extracting methods. You are not conveyed any right or license by implication, estoppel, or otherwise in or under any of our patent, trademark, copyright, or other proprietary rights of any third party.

Together with other logos and product names appearing on the Site, the following includes a partial list of our trademarks and/or registered trademarks in the United States and other countries: Bella Lynn Naturals. All other trademarks not owned by DEN that are made available by and through the Site are the property of their respective owners who may or may not be affiliated with, connected to, or sponsored by DEN. These and all of our other trademarks may not be copied, imitated, or used, in whole or in part, without our prior written permission or that of the rights holder. In addition, all page headers, custom graphics, button icons, and scripts are our service marks, trademarks, and/or trade dress, and may not be copied, imitated, or used, in whole or in part, without our prior written permission. Any other names and brands on the Site may be claimed as the property of others.

INTELLECTUAL PROPERTY, COPYRIGHT, AND CONFIDENTIALITY

Copyright in any manual, sales documentation, technical description, and other documents that may be supplied by DEN under or in connection with your purchase(s) and any and all intellectual property rights, title, and interest in the formulation or design of DEN’s products or any part thereof, whether such formulation or design is registered or not, shall vest in DEN absolutely. Any data, patent, copyright, proprietary right, or confidentiality, know how, trademark, or process with respect to DEN’s products or services is the confidential proprietary information of DEN and its third-party vendors (as the case may be). You agree that you shall keep all DEN’s products, materials, and information (“Confidential Information”) confidential and that you shall not, without DEN’s prior written consent, use or disclose the Confidential Information to any third-party for anything other than that third-party’s personal use of DEN’s products. You also agree that you shall not, and you shall not provide DEN’s products to any third-party or entity to, reverse engineer or disassemble DEN’s products or any part thereof to create or derive any DEN or third-party intellectual property.

DMCA/COPYRIGHT POLICY

It is our policy to respect the copyright and intellectual property rights of others. We may remove content that appears to infringe the copyright or other intellectual property rights, including moral rights, of others. In addition, we may terminate access by Users.