Terms and Conditions



Terms and Conditions

ACCEPTANCE OF TERMS THROUGH USE AND/OR PURCHASE

By using our website ("Site") owned or controlled by Dogpoopbags.com LLC ("DPB") to view information and/or to purchase goods ("Goods"), you agree to these terms and conditions. If you ("User") do not agree to this Agreement please do not use this Site or purchase Goods. Please check this Agreement periodically for changes as DPB reserves the right to revise this Agreement and your continued use of this Site following the posting of any changes to the Agreement constitutes acceptance of such changes.

DPB reserves the right to terminate a Users use of this Site or refuse any purchase order at any time without notice and may do so for any reason. In its sole discretion, if requested through any legal action or to defend itself from any legal allegation or claim, DPB may disclosure your contact information and you agree that DPB shall not be liable for damages or results thereof, and not to bring any action or claim against us for such disclosure.

You agree to provide truthful and accurate information on the Site and in making purchases. In addition, by submitting your information, you authorize the DPB to verify the accuracy and authenticity of all information supplied by you via address and phone verification databases or by contacting you to do so.

NOTE: THIS AGREEMENT CONTAINS A BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISION BELOW THAT AFFECTS YOUR RIGHTS UNDER THIS AGREEMENT WITH RESPECT TO ANY "DISPUTE" (AS DEFINED BELOW) BETWEEN YOU AND DPB, ITS AFFILIATES, PARENTS OR SUBSIDIARIES.

CONSENT TO RECEIVE ELCTRONIC RECORDS

By using and/or purchasing Goods offered on this Site, you signify your express consent to receive information from DPB in electronic format. You will need a computer with browser, email and Internet access to receive such electronic records, as well as you may need Adobe Acrobat Reader, available for free at www.adobe.com. Electronic records may include terms and conditions, agreements, privacy policies, and other items that you should print and retain for your records.

PERSONS UNDER 18

NO ONE UNDER 13 MAY USE OUR SITE. This Site and the Goods are not directed at anyone under the age of 18. Parents may supervise a minor in use of our Sites and Goods; in such event, the parent should disclose his or her Personal Information, not that of the minor.DPB does not knowingly accept or collect information from minors. For more information on the Internet and protecting kids, please see www.onguardonline.gov/topics/net-cetera.aspx.

 

LICENSE TO USE DPB SITE

Upon your consent to this Agreement, DPB hereby grants you a non-exclusive, non-transferable limited license to use this Site, Site content and to purchase Goods in strict accordance with the terms and conditions in this Agreement and as permitted via instructions on this Site. You agree that you should not rely on the information on our Site in making decisions. You acknowledge and agree that all content and Goods available on this Site are property of DPB, Goods manufacturers when we act as a reseller, its advertisers and licensors and are protected by copyrights, moral rights, trademarks, service marks, patents, trade secrets, and other proprietary rights and laws, in the U.S. and internationally. All rights not expressly granted herein are fully reserved by DPB, its advertisers, manufacturers and licensors.

 

LICENSE RESTRICTIONS

Use

Except as may be explicitly permitted through this Site, you agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content on or from this Site or any advertiser on this Site. You agree to use this Site for the sole purpose of gathering information about our products and making purchases of Goods for good faith use of the product and for no other reason. Systematic retrieval of data or other content from this Site or this Site of any party offering materials through this Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DPB is prohibited.

In addition, use of the content, materials, Goods or Site for any purpose not expressly permitted in this Agreement or as directed on the Site is prohibited and you agree to access it except as expressly permitted on the Site. Be aware that if you access this Site through a mobile or wireless device, carrier rates and fees may apply. You agree that you shall not try to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code, contents, materials or Goods on or received via this Site or any advertiser's Site.

You understand that such actions are likely to subject you to serious civil and criminal legal penalties and that DPB shall pursue such penalties to the full extent of the law to protect its rights and the rights of its other licensors.

Security

You agree that if you are issued a Username and Password by DPB, you shall use your best efforts to prevent access to this site through your Username and Password by anyone other than yourself, including but not limited to, keeping such information strictly confidential, notifying the DPB immediately if you discover loss or access to such information by another party not under your control and supervision, and by using a Username and Password not easily guessed by a third party.

International Users

Accessing this Site, and products or content available on this Site from places outside the U.S. where their contents are illegal is prohibited. None of the information on this Site may be downloaded, exported or reexported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, the Taliban, Sierra Leone, Liberia, designated Terrorists and international Narcotics Traffickers, Foreign Terrorist Organizations, and/or designated foreign persons who have engaged in activities related to the proliferation of weapons of mass destruction or any other country with restrictions imposed by the U.S. Government.

 

By using this Site, you agree that you are not a citizen of or a resident in any of these countries. You agree that you shall comply with all applicable export and import control laws and regulations in your use of this Site, or materials or Goods received through this Site, and, in particular, you shall not export or re-export anything on or received through this Site in violation of local or foreign export laws and/or without all required U.S. and foreign government licenses.

 

PURCHASING TERMS

Purchases

Purchases of goods on this Site are made via credit card, or for commercial customers, by purchase order. Such purchases will includes sales tax where applicable and shipping costs. If outside of the United States, you are responsible for any differences between the states prices and exchange rates offered via your means of payment. You agree that all information you provide in making a purchase is truthful and without fraud.

You agree to pay for all purchases you make and not to challenge such purchases via a credit card company. You agree that your only reason for making such purchase is for good faith use of the product and not for any other reason such as review, evaluation, legal action, or any illegal use or means.

Shipping

DPB ships products via USPS or UPS. Unless otherwise indicated in writing, DPB will ship your purchases within 30 days of the date you place your order. If DPB is unable to do so, we will have a reasonable basis for doing so and contact you by mail, telephone or email to provide a new shipping estimate. At that time, you have the option to cancel your order and receive a full refund by notifying us within two (2) business days. If you have questions about average shipping times, please see the UPS average shipping times link on our site:

https://www.ups.com/using/services/servicemaps/maps25/map_0547.gif

Satisfaction Guarantee

If you are unhappy with your purchase you may obtain a refund, at any time, for any reason. To do, email us at info@dogpoopbags.com with your receipt and/or order number, name and address so that we expect your return. Then return your purchase to

 

via UPS: Dogpoopbags.com LLC, 6861 Whitmore Way, Unit 71, Salt Lake City, UT 84121.

via USPS: Dogpoopbags.com LLC, PO Box 901556, Sandy, UT 84090

 

We are not responsible for lost returned shipments, so please send the item via trackable means to ensure its arrival; please be sure to include your receipt/order number, name and address on a document inserted inside the return shipment.

 

 

USER LICENSE TO DPB

By submitting information to DPB, the User grants DPB a non-exclusive license to use, modify, copy and distribute such data. This license is for the primary purpose of enabling DPB to process sale of the Goods ordered to the User.

GOOD BEHAVIOR BY USERS

If such discussion, reviews or a forum is available, you agree to act legally and respectfully. User agrees that that he/she shall not upload, post, collect or otherwise distribute or facilitate distribution of any content that:

- is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, or infringes any patent, trade mark, service mark, trade secret, copyright, moral right, right of publicity, privacy or third party rights;

- is invasive of another's privacy, tortuous, obscene, sexually explicit or graphic, or otherwise in violation of the rules and policies of this site.;

- victimizes, harasses, bullies, degrades, or intimidates an individual for any reason or on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

- continues contact with another user who has stated that he/she wishes contact to cease;

- directly or indirectly requests contact or sensitive financial or other information from other users;

- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, multi-level-marketing, pyramid schemes, any other form of unauthorized solicitation, or any form of lottery or gambling;

- encourages drug, alcohol or cigarette usage;

- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party;

- impersonates any person or entity, including any employee or representative of this Site, any school, celebrities, other users, the Site owners, licensors or advertisers; and/or

- is for commercial purposes.

 

You also agree that you shall not harvest, solicit or collect information about or from the users of this Site or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications for any other commercial or illegal purpose.

 

TRADEMARKS

DPB, and DPB licensors, Goods providers (when DPB is a reseller), manufacturers, advertisers, merchants or other third party materials, Goods or products referenced on this Site are common law or registered trade marks or service marks of such parties and you agree never to use such without express written permission.

Except as expressly granted via the use licenses herein, DPB does not grant any express or implied rights under any patents, copyrights, trademarks or trade secret information.

You shall not display or disclose, anonymously or by true or fictional name, in any form or fashion including, but not limited to, publication on or via the Internet, a website, Blog, email, discussion group, bulletin board, by means now known or hereafter devised and/or by all other means of electronic dissemination, any prior information or express any negative opinion of DPB, its advertisers or educational sources, or this Site, or anyone associated or employed therewith.

 

User shall not use, copy, distribute, sell, infringe or violate any legal right of DPB, or any educational source or advertiser, including, but not limited to, publicity rights, privacy rights, moral rights, copyright, trademark, trade secret and patent rights, without limitation, by way of example, register, purchase, apply for, license, or attempt to do so, any domain name containing, in whole or in part, or any derivation of (e.g. a spelling, misspelling, typo, singular or plural, with or without dashes or underscores) any confidential or proprietary information; register, purchase, apply for, license, obtain a license for, or attempt to do so, any copyright registration for any creation containing, in whole or in part, or any derivation or modification of any confidential or proprietary information; register, purchase, apply for, license, obtain a license for, or attempt to do so, any trade or service, mark or name, containing, in whole or in part, or any derivation or modification of any confidential and proprietary information.

 

NOTIFICATION OF COPYRIGHT INFRINGEMENT


If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on a DPB Site, send DPB a notice containing: (i) a physical or electronic signature of the copyright owner or person authorized to act on behalf of the copyright owner; (ii) a description of the copyrighted work or works that you claim have been infringed and identification of what material in such work(s) is claimed to be infringing (iii) a description (please provide the exact URL) of where the material that you claim is infringing is located on the DPB Site; (iv) information sufficient to permit DPB to contact you, such as your physical address, telephone number, and email address; (v) a statement that you have a good faith belief that the use of the material you identified is not authorized by the copyright owner, its agent, or the law; and (vii) a statement by you that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner's behalf. Please consult Section 512(c) (3) of the Digital Millennium Copyright Act and your legal counsel regarding these requirements. Send any notice to:

Dogpoopbags.com LLC

PO Box 901556,

Sandy, UT, 84090

Email with "Copyright Infringement Notice" in the subject to info@dogpoopbags.com

 

Under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing, and/or any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification, may be subject to liability for damages and that the information provided in this legal notice may be forwarded to the person who provided the allegedly infringing content. If you repeated provide false allegations of infringement or mistaken disablement, DPB will terminate your use of the Site.

 

THIRD PARTY SITES

Please note that many of the Goods you can obtain through this Site are provided by parties other than DPB and we act as a reseller. If we link to such affiliate sites, then you are cautioned to read such sites Terms and Conditions and/or Privacy Policies before using such sites in order to be aware of the terms and conditions of your use of such sites. You acknowledge that DPB is not responsible for the accuracy, warranties, copyright compliance, legality, decency, or any other aspect of the contents, products, Goods or any transmissions received through such sites.

The inclusion of such a link or frame does not imply endorsement of this Site by DPB, schools, advertisers or licensors, any association with its operators and is provided solely for your convenience and at to you at your own risk. You agree that DPB and its licensors have no liability whatsoever from such third party sites and your usage of them. If you wish to suspend contact with such sites, you must send that request to such party directly.

 

DISCLAIMER OF WARRANTIES

DPB, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY CONTENT, GOODS OR PRODUCTS RECEIVED THROUGH THIS SITE. THIS ENTIRE SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, AND/OR ANY CONTENT, GOODS OR PRODUCTS PURCHASED THROUGH THIS SITE ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. DPB, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY GOODS OR PRODUCTS RECEIVED THROUGH THIS SITE, INCLUDING ALL EXPRESS, STATUTORY, AND IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

DPB, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND LICENSORS DO NOT WARRANT THAT THIS SITE, THE SUITABILITY OF THE INFORMATION CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY CONTENT, GOODS OR PRODUCTS RECEIVED THROUGH THIS SITE ARE ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE OR GOODS WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS IN THE SITE OR GOODS WILL BE CORRECTED; OR THAT THE CONTENTS OR ANY INFORMATION RECEIVED THROUGH THIS SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, DELETION OF FILES OR EMAILS, ERRORS, DEFECTS, VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS, TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION, 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 THIS SITE’ RECORDS, PROGRAMS OR GOODS. YOUR USE OF THIS SITE IS SOLELY AT YOUR OWN RISK. USER AGREES THAT HE/SHE HAS RELIED ON NO WARRANTIES, REPRESENTATIONS OR STATEMENTS OTHER THAN IN THIS AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU BUT SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW OF YOUR JURISDICTION.

 

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL DPB, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND/OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM, OR ARISE OUT OF THE USE OF, OR INABILITY TO USE, THIS SITE OR GOODS, THE SUITABILITY OF THE INFORMATION OR GOODS CONTAINED ON OR RECEIVED THROUGH USE OF THIS SITE, OR ANY GOODS OR PRODUCTS RECEIVED OR PURCHASEDTHROUGH THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF DPB, SUPPLIERS, MANUFACTURERS, SERVICE PROVIDERS, AND/OR LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES MAY NOT BE PERMISSIBLE AS STATED HEREIN IN SOME JURISDICTIONS; IN SUCH EVENT THE TOTAL LIABILITY OF DPB, SUPPLIERS, MANUFACTUERES, SERVICE PROVIDERS AND/OR LICENSORS, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW TO NO GREATER THAN $1000.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR." AND AGREE THAT THIS LIMITATION SHALL APPLY AS A RELEASE AS STATED ABOVE AND TO THE GREATEST EXTENT PERMITTED BY LAW.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless DPB, suppliers, manufacturers, service providers, and licensors, subsidiaries and other affiliated companies, and their employees, contractors, officers, members, managers, shareholders, agents and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use of this Site, educational and/or career related service providers sites, third party sites, the suitability of the information contained on or received through use of this Site, Site content or any Goods or products received through this Site, uploaded to this Site, or any violation of this Agreement. DPB reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event you shall cooperate with DPB in asserting any and all available defenses.

 

LEGAL COMPLIANCE

DPB may suspend or terminate this Agreement or any User’s ability to use the Site immediately upon receipt of any notice that alleges that a User has used this Site or any Good for any purpose that violates any local, state, federal and/or law of other nations. In its sole discretion, if requested through any legal action or to defend itself from any legal allegation or claim, DPB may disclose your contact information and you agree that DPB shall not be liable for damages or results thereof, and not to bring any action or claim against DPB to prevent or for such disclosure.

 

FORCE MAJEURE

DPB shall be excused from performing hereunder to the extent that it is prevented from performing as a result of any act or event which occurs and is beyond its reasonable control, including, without limitation, acts of God, war, weather, utility or telecommunications outages, unrest or riot, strikes any action of a governmental entity.

BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER

Purpose

 

The term "Dispute" means any dispute, claim, or controversy between you and DPB, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this "BINDING INDIVIDUAL ARBITRATION" section (with the exception of the enforceability of the Class Action Waiver clause below). "Dispute" is to be given the broadest possible meaning that will be enforced. If you have a Dispute with any DPB or any of a DPB officers, directors, employees and agents that cannot be resolved through negotiation within the time frame described in the "Notice of Dispute" clause below, you and the DPB that you have a Dispute with agree to seek resolution of the Dispute only through arbitration of that Dispute in accordance with the terms of this section, and not litigate any Dispute in court, except for those matters listed in the Exclusions from Arbitration clause. Arbitration means that the Dispute will be resolved by a neutral arbitrator instead of in a court by a judge or jury.

 

Notice of Dispute

IF YOU HAVE A DISPUTE WITH DPB, YOU MUST SEND WRITTEN NOTICE TO DOGPOOPBAGS.COM LLC, PO BOX 901556, SANDY, UT, 84090. IF YOU HAVE A DISPUTE WITH DPB, YOU HAVE THE OPPORTUNITY TO RESOLVE THE DISPUTE INFORMALLY THROUGH NEGOTIATION. You agree to negotiate resolution of the Dispute in good faith for no less than 60 days after you provide notice of the Dispute. If this process does not resolve your Dispute within 60 days from receipt of notice of the Dispute, you or the DPB you have a Dispute with may pursue your claim in arbitration pursuant to the terms in this section.

 

Class Action Waiver

ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A NAMED OR UNNAMED MEMBER IN A CLASS, CONSOLIDATED, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL ACTION, UNLESS BOTH YOU AND DPB SPECIFICALLY AGREE TO DO SO IN WRITING FOLLOWING INITIATION OF THE ARBITRATION. THIS PROVISION IS NOT APPLICABLE TO THE EXTENT SUCH WAIVER IS PROHIBITED BY LAW.

 

Initiation of Arbitration Proceeding/Selection of Arbitrator

If you or the DPB have a Dispute with elect to resolve your Dispute through arbitration, the party initiating the arbitration proceeding may initiate it with the American Arbitration Association ("AAA"), www.adr.org, or JAMS www.jamsadr.com. The terms of this section govern in the event they conflict with the rules of the arbitration organization selected by the parties.

 

Arbitration Procedures.

Because the Goods provided to you by the DPB you have a Dispute with concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all Disputes. However, applicable federal or state law may also apply to the substance of any Disputes. For claims of less than $150,000, the AAA's Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures") shall apply including the schedule of arbitration fees set forth in Section C-8 of the Supplementary Procedures; for claims over $150,000, the AAA's Commercial Arbitration Rules and relevant fee schedules for non-class action proceedings shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be binding and final, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
The preceding notwithstanding, you and DPB intend, in the event of a conflict, the following to supersede FAA/AAA or JAMS procedures as permitted by law: to conserve cost and time, after the appearance of all parties, the entire proceeding (with the exception of time for issuance of the decision of the arbitrator.) will not exceed a total of fourteen (14) days and the arbitrator shall fairly and reasonably adjust the rules, proceeding and timelines to ensure this outcome; the proceeding may take place entirely remotely, without in-person hearings or depositions; personal service with proof of service is required for filing the initial complaint and for filing for enforcement of any judgment, which may be filed in any county in which the defendant resides; the arbitration proceedings shall be regarded as confidential settlement negotiations and all information, documents and communications shall be not admissible as evidence.You and DPB agree that any Dispute shall be initiated via arbitration in Salt Lake City, Utah.

 

Severability.

If any clause within this section (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this section, and the remainder of this section will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire section will be unenforceable, and the Dispute will be decided by a court and you and the DPB you have a dispute with each agree to waive in that instance, to the fullest extent allowed by law, any trial by jury.

 

GOVERNING LAW AND JURISDICTION

Our Site (excluding third party linked sites) is controlled by DPB from its offices within the State of Utah. It can be accessed from all 50 states as well as from other countries around the world to the extent permitted by Site. As each of these places has laws that may differ from the Utah, by accessing our sites, both you and DPB agree that the statues and laws of the Utah shall apply to any actions or claims arising out of or in relation to this Agreement or your use of our sites, without regard to conflicts of laws principles thereof. THE LAWS OF THE STATE OF UTAH, WITHOUT REGARD TO ITS CONFLICT OF LAW RULES, GOVERN THIS AGREEMENT AND ANY DISPUTE BETWEEN YOU AND DPB.  ANY DISPUTE NOT SUBJECT TO ARBITRATION WILL BE LITIGATED BY EITHER PARTY IN A COURT OF COMPETENT JURISDICTION IN UTAH. This Agreement shall not be governed by the United Nations Convention on Contracts for the Sale of Goods.

 

PARENTAL FILTERING DEVICES

In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there filtering devices which are commercially available that may assist parents in limiting access to material that is harmful to minors, such as www.netnanny.com, www.cyberpatrol.com, www.cybersitter.com.

 

CALIFORNIA USER CONSUMER RIGHTS

In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to dca@dca.ca.gov.

 

MISCELLANEOUS

This Agreement constitutes the entire agreement between the parties related to the subject matter thereof, supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties and shall not be changed except by written agreement signed by an officer of DPB.
If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement as much as possible under applicable law shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof and the unenforceable provision shall be automatically amended so as to best accomplish the objectives of such unenforceable provision within the limits of applicable law. User shall not assign or transfer this Agreement and any such assignment attempt shall be void.

 

WE RESERVE THE RIGHT TO MAKE CHANGES TO THESE TERMS BY PROVIDING A REVISED VERSION IN ACCORDANCE WITH THE LAW AND YOUR CONTINUED USE OF THE SITE AND/OR MAKING OF PURCHASES IS YOUR CONSENT TO SUCH.

(c) 2017 DOGPOOPBAGS.COM LLC. All rights reserved.

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