Terms of Service

Earth Doggy Terms of Use

  1. Introduction:

These are the terms of use (“Terms of Use”) for your use of services or features on the site(s) owned and controlled by Earth Doggy – www.EarthDoggy.com You may be accessing our Sites from a computer or mobile phone device (through mobile website or mobile application) and these Terms of Use govern your use of our site and your conduct, regardless of the means of access.

PLEASE NOTE: THESE TERMS CONTAIN A CLASS ACTION WAIVER AND JURY TRIAL WAIVER, AS DETAILED IN THE “LEGAL DISPUTES” SECTION, BELOW.

When you register for an Earth Doggy account you will have both an account page and a profile page associated with your account.

Earth Doggy has an online social community (“Community”). Community allows you to participate in Conversations on the Community Home, join Earth Doggy Groups, provide Ratings & Reviews, ask and answer in Questions & Answers, receive recommendations, and post photos and videos in our Earth Doggy Gallery. These Terms of Use govern your participation in the Community.

If you have not previously registered for an Earth Doggy account and selected a nickname, you can only create a public Profile page if you affirmatively choose to be a part of the Community. Some of the information you provide in association with the Community can be seen by everyone on your Profile and some information can only be seen by you on your Profile, as indicated below:

Seen by You and Everyone Else on your Profile:

Profile and banner photo or default Earth Doggy avatar

Your nickname

Number of members you follow

Your membership status

“About you” content created by you

Your and Photos/Videos

Seen Only by You:

Your “Groups”

Your recent conversations

We also like to interact with you on third-party sites where we post content and invite your feedback such as www.facebook.com, www.instagram.com, www.youtube.com, and others. By posting on our site you also agree that Earth Doggy has permission to share your content on other third-party Social Media sites. Our terms of use provide guidelines and rules in connection with our community including services that involve third-party sites but we do not control those third-party sites thus our terms and conditions do not apply to companies that we do not own or control or to people that Earth Doggy does not employee or manage.

We reserve the right to change or modify any of the terms and conditions contained in our terms of service at any time without notice and at our sole discretion. In the event that we do make changes those changes will be posted on our website.

The short and sweet version: When you use our site you agree to our rules and since this is our site and our rules we can change them whenever we want.

  • Copyright:

All design, text, graphics, logos, button icons, images, audio and video clips, the selection and arrangement and all software on the Site is Copyright (c) by Earth Doggy, ALL RIGHTS RESERVED. The compilation (meaning the collection, arrangement and assembly) of all content on the Site is the exclusive property Earth Doggy and is protected by U.S. and international copyright laws. All software used on the Site is the property of Earth Doggy or its software suppliers and is protected by U.S. and international copyright laws. Permission is granted to electronically copy and to print in hard copy portions of the Site for the sole purpose of placing an order with Earth Doggy, engaging with the Community or using the Site as a shopping resource. Any other use of materials on the Site – including reproduction for purposes other than those permitted above, modification, distribution, republishing, transmission, display or performance – without the prior written permission of Earth Doggy is strictly prohibited. Licensed Under U.S. Patents…

The short and sweet version:

We work hard making the content on our Site, so we’re protective of what happens to it. Unless you’re placing an order, engaging in Community, or shopping, you need permission from us to use our content elsewhere.

  • Trademarks:

The Sites and all page headers, custom graphics and button icons are service marks, trademarks, and/or trade dress of Earth Doggy and may not be used in connection with any product or service that is not offered by Earth Doggy in any manner that is likely to cause confusion among customers. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

The short and sweet version:

Like we said in #2, our Site content is ours. Don’t use it in negative or malicious ways, or to advertise products or services we don’t sell.

  • Product Information:

The products displayed on the Sites can be ordered and delivered only within the U.S. and certain select countries. All prices displayed on EarthDoggy.com are quoted in U.S. Dollars and are valid and effective only in the U.S. 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 by Earth Doggy.

All material and information presented by Earth Doggy is intended to be used for personal, educational or informational purposes only. Earth Doggy attempts to be as accurate as possible. However, Earth Doggy does not warrant that product descriptions or other content of any Site is accurate, complete, reliable, current, or error-free. Please review the “About the Product” section of any product page for the most current product information. The statements made about products by the manufacturers have not been evaluated by the U.S. Food and Drug Administration or any other government agency and the results reported, if any, may not necessarily occur in all individuals. The statements and products sold through Earth Doggy are not intended to diagnose, treat, cure or prevent any condition or disease.

From time to time, we may provide summaries of or highlights from product descriptions, the text of customer Reviews (as defined below), and other information on the Site. In some cases, these summaries may be created with the help of artificial intelligence (“AI”). Summaries are provided for convenience but are not exhaustive representations of product descriptions or full Reviews. Users should be aware of the limitations inherent in AI technology; AI summarization may not capture all nuances and detailed insights present in product descriptions or Reviews. Earth Doggy does not guarantee the completeness or accuracy of the information presented in these summaries. Users are encouraged to read full product descriptions and Reviews where available, especially when making purchasing decisions.

All products should be used strictly in accordance with their instructions, precautions and guidelines. You should always check the ingredients for products to avoid potential allergic reactions. Use of the Site is not meant to serve as a substitute for professional medical advice.  Please consult with your own veterinarian regarding the use of any goods, products or information received from the Site before using or relying on them for your pet when applicable.

The products available on the Site and the Community, including any samples Earth Doggy may provide to you, are for your personal use with your pet only. Earth Doggy reserves the right, with or without notice, to cancel or reduce the quantity of any order to be filled or products to be provided to you that may result in a violation of these Terms of Use, as determined by Earth Doggy in its sole discretion.

The short and sweet version:

We’ve taken great care to make sure that the information you read about products on our site is accurate, but we’re not veterinarian —we don’t even play them on TV. Nothing on our Site should be interpreted as medical advice. If you have questions about particular products, or suggestions from the Community, you should talk to a real veterinarian.

5. Color Information

While Earth Doggy has tried to accurately display the colors of products, the actual colors you see will depend on your monitor and may not be accurate.

6. Responsibility for your Content

You are solely responsible for all content that you upload, post, email or otherwise transmit via or to the Site, through the Community or otherwise, including the submission of product Ratings & Reviews, Questions & Answers, and all other data, profile information, documents, text, software, applications, music, sound, photographs, graphics, video, messages, forum postings, comments, questions, answers or other materials (collectively, “Content”). We will not accept Content from you unless you are a registered user of the Site and a member of Community.

Note that “Content” does not include information gathered from your mobile device through hardware and software which transmits a Bluetooth signal to and/or works with your mobile device (which can include your iPhone, iPod or iPad) to create a more personalized experience for you.  Our Privacy Policy covers the collection and use of such information.

7. Your Use of Content on the Site and Limitation of Liability

Earth Doggy provides the Site and the Community and all other applications and services on the Site as a forum only. Earth Doggy is not liable for any statements, representations, or Content provided by its users in any public forum on the Site or any Third-Party Site, including without limitation through the Community. Any Content, if displayed, is displayed for entertainment and informational purposes only. More generally, Content posted via or on the Site or any Third-Party Site, including through the Community, is not controlled by Earth Doggy. Earth Doggy cannot guarantee the accuracy, integrity or quality of such Content. You understand that by using the Community, you may be exposed to Content that may be offensive, or objectionable and Earth Doggy shall not be liable for any such Content and that the risk of harm or damage from the foregoing rests entirely with you. Under no circumstances will Earth Doggy be liable in any way for any Content, including, but not limited to, for (i) any errors or omissions in any Content; or (ii) any loss or damage (including, without limitation, personal injury or property damage) of any kind incurred as a result of the use of any Content posted, emailed or otherwise transmitted via or to the Site or through the Community.

You may access the Content and any other content on the Site only as permitted under these Terms of Use and the Privacy Policy and you agree to not engage in the use, copying or distribution of any of the Content other than as expressly provided herein.

You agree not to circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use of any Content or enforce limitations on use of the Site or the Content therein. You may not interfere with or disrupt the Site, or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site, including by using any device, software or routine to bypass robot exclusion headers. Earth Doggy reserves all rights not expressly granted in and to the Content. When using the Community, you may not disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges.

The short and sweet version:

Take what other users post with a grain of salt; they may have opinions you disagree with, their reviews may be biased, or they may be having a bad day. Interacting with all the content on our Site is at your own risk. We’re not responsible for services or products offered by others.

8. Your Content Submissions

By submitting Content to Earth Doggy and participating in the Community, you represent and warrant that you will comply with the following (“Content Submission Requirements”):

♦ You understand you are participating in a public forum and that your Content and other personal information will be available to all other users of the Site, the Community and potentially Third-Party Sites;

♦ You are the sole author and owner of the intellectual property and other rights thereto (or have the necessary licenses, rights, consents and permissions to use and provide a non-exclusive license to Earth Doggy to use all intellectual property and other rights thereto to enable inclusion and use of the Content in the manner contemplated by the Site and these Terms of Use);

♦ You understand that your Content may be utilized and distributed by Earth Doggy in its marketing materials, including but not limited to, EarthDoggy.com, Earth Doggy emails, and social channels.  

♦ You shall comply with the Federal Trade Commission’s Guides on the Use of Endorsements and Testimonials in Advertising. Without limiting the generality of the foregoing, you represent and warrant that: (a) any statements or testimonials that are included in your Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences; (b) if your Content contains a “look” based on use of various products, then (i) you actually used any products tagged, shown or mentioned in your Content in conformity with the product instructions, (ii) the “look” is a fair representation of the actual performance and appearance of the products tagged, shown or mentioned in your Content, and (iii) you did not use any tools, special effects, or any other method to materially enhance or alter the performance or appearance of such products in your “look”; and (c) if you received compensation in any form (including free product) or any other incentive (such as an entry in a sweepstakes or contest or a coupon) in exchange for posting your Content on Earth Doggy’s site or channels (including but not limited to product reviews, Q&A, photographs, and social channels), or if you have a material connection to Earth Doggy or any other company or brand mentioned or tagged in your Content, you have disclosed such fact in such Content clearly and conspicuously;

♦ All “moral rights” that you may have in such Content have been voluntarily waived by you, and you do not require that any personally identifying information be used in connection with the Content that you submit, or any derivative works of or upgrades or updates thereto;

♦ All Content that you post is accurate;

♦ You are at least 16 years old and, if you are a minor, that you have obtained the consent of your parent or legal guardian to use the Site and their agreement to these Terms of Use;

♦ and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person, dog or entity.

You also represent and warrant that any Content you submit:

♦ Is not false, inaccurate or misleading;

♦ Does not harm dogs or people;

♦ Does not elicit or provide veterinary advice unless you are a veterinarian;

♦ Does not infringe any copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy of any person or entity;

♦ Does not violate any obligations you may have with respect to such Content under any law or under contractual or fiduciary relationships (such as, but not limited to, inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

♦ Does not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);

♦ Is not, or would not reasonably be considered to be, unlawful, harmful, defamatory, trolling, bullying, libelous, vulgar, obscene, invasive of another’s privacy, hateful, racially or religiously biased or offensive, abusive, tortious, threatening or harassing to any individual, partnership or corporation;

♦ Is relevant to the product being rated and reviewed or about which a question or answer is submitted;

♦ Does not include any information that references other websites, addresses, email addresses, contact information or phone numbers;

♦ Complies in all respects with these Terms of Use, our Privacy Policy and all Guidelines and Rules;

♦ Is not a form of phishing, and does not contain unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;

♦ Does not contain any computer viruses, worms or other potentially damaging computer programs or files; and;

♦ Does not impersonate any person or entity, including, without limitation, any Earth Doggy official, forum leader, guide or host, or falsely states or otherwise misrepresents your affiliation with a person or entity. You may not use the Sites or Community to collect or store personal information about other users.

Earth Doggy does not endorse any Content or any opinion, recommendation or advice expressed therein, and Earth Doggy disclaims all liability with respect to the Content posted by third-parties.

If your Content includes ideas, suggestions, documents or proposals to Earth Doggy through the Community, (a) such Content is not confidential or proprietary and Earth Doggy has no obligation of confidentiality, express or implied, with respect thereto; (b) Earth Doggy may have something similar to that Content already under consideration or development; and (c) you are not entitled to compensation, payment or reimbursement of any kind for such Content from Earth Doggy under any circumstances unless you are otherwise notified by Earth Doggy in writing.

For any Content that you submit, you grant Earth Doggy, and entities under common control, and their respective licensees, successors and assigns a worldwide, perpetual, non-exclusive, irrevocable, royalty-free, sublicensable and transferable right and license to use, reproduce, communicate, distribute, share, copy, modify, delete in its entirety, edit, adapt, publish, translate, publicly display, publicly perform, use, create derivative works from and/or sell and/or distribute such Content and/or incorporate such Content (all of the foregoing, collectively, “Publish”) into any form, medium or technology whether now or hereafter known, without compensation to you, for any lawful purpose, including, without limitation, for purposes of advertising and trade. This includes, but is not limited to, sharing your Content, including your Ratings & Reviews or Questions & Answers (and/or any elements thereof), with third-party brands whose product we sell.  This license will survive the termination of these Terms of Use and your use of the Site.

The short and sweet version:

When you post content to our Site, you’re acknowledging that you are posting content on the internet, in public, for everyone to see, use, copy, and share. Please only post content that a) you have the rights to post, b) does not violate anyone else’s rights, and c) is fair and truthful. We are not responsible if others don’t abide by these rules.

As between you and us, you own your Content, even after you post it to our Site. But by sharing with us you’re granting us a non-exclusive license to it, which means we might use it in places like marketing materials.

We know that some Community posts include ideas or business proposals for Earth Doggy—we don’t pay for unsolicited suggestions like these. And know that when you post ideas like this in public, they’re not covered by any kind of confidentiality or copyright protection.

8a. Ratings & Reviews / Questions & Answers

We want to know what you think of the products you and your “rescue earth doggy” have tried or bought. Use our Ratings & Reviews to voice your opinions about your recent purchases. Got a Q? Just ask! It’s pretty simple.

By submitting Content that contains a review about a product offered on the Site (each, a “Review” or “Ratings and Reviews”), you agree the Review complies with these Terms of Use, including, without, limitation, the Content Submission Requirements. When writing and submitting a Review, you further agree to provide insightful, helpful details about why you like or dislike a product and avoid vacuous statements and ensure that the Review relates solely to the applicable goods or services offered by us.

If you are a returning member/customer, you will be prompted to sign in by providing your email address (login) and password. If you have forgotten your password, click the “Forgot password?” link on the Sign In screen. Enter your email address, and we will send you a link to reset your password.

If you are a new customer and have not shopped or submitted a Review with us before, you will need to register as a member by providing your email address (login) and creating a password, before being able to rate products and write Reviews.

You will be asked to create an Earth Doggy Community nickname that will appear with your posted Review. Choose wisely! Once you enter your nickname it cannot be edited/changed.

You have the option to add a photo or video to your review to help other shoppers reading your review, provided such addition complies with these Terms of Use. Show the product in action, share the item, or show off your “rescue earth doggy”. Please refer to the Review Guidelines below for additional information.

Any Content you supply will be saved to your profile and will be visible to everyone else on the product page, along with your age range when you submit your Review.

To learn more about how we use your profile information, please review our Privacy Policy.

You will have the chance to preview your Review before submitting it. Your Review, profile information, and any images or video will be shown. From there, you may go back and edit or submit your Review.

Click on the “Submit” button to submit your Review. You will get a confirmation page to let you know it has been successfully submitted. Note that Reviews can take up to 72 hours to appear.

Verified Purchase Badge

Published Reviews of eligible purchases will be displayed with a Verified Purchase badge, indicating to shoppers that we were able to verify that you purchased the item from Earth Doggy.  In order for your review to display a Verified Purchase badge, you will need to submit the review within 90 days of your online or in-store purchase, using the same Earth Doggy account you used for your purchase to compose and submit your review.

Rate a Product

There is a five-star rating scale for each product. One star is the lowest rating and five stars is the highest. Click on the star you wish to select your rating.

Preview Your Questions & Answers

You will have the chance to preview your questions or answers before submitting them. Your question or answer and profile information will be shown. From there, you may go back and edit or submit your question or answer. Please remember to keep our Questions & Answers Guidelines and Terms of Use in mind.

Submit Your Questions & Answers

Click on the “Submit” button to submit your question or answer. You will get a confirmation page to let you know it has been successfully submitted. Note that questions or answers can take up to 72 hours to appear.

Questions & Answers Guidelines

All questions and answers are read and moderated to abide by the following Q&A Guidelines:

When asking a question, please consider the following:

  • Focus on the product and your individual question about it.
  • Provide relevant details that might help others answer your question.
  • Questions must be submitted in English.

You can also share your rescue dog smarts and submit answers to others’ questions.

When answering a question, please consider the following guidelines:

  • Focus on the product and your individual experience using it.
  • Provide details that are relevant to the question being asked.
  • Do not provide veterinary advice unless you are a licensed veterinary professional.
  • Answers must be submitted in English.

Photo & Video Guidelines

When posting a picture, please consider the following guidelines:

  • Pictures must be related to the product you are reviewing.
  • Pictures must be in BMP, PNG, GIF or JPEG format and be in focus.
  • File size must be 2 MB or less.
  • Pictures must be at least 60 pixels tall.
  • Pictures must be at least 60 pixels wide.
  • Objectionable pictures will be rejected.

When posting a video, please consider the following guidelines:

  • Focus on the product and your individual experience using it. Make sure your video is related to the product.
  • Videos must be hosted on YouTube and be in focus and of good audio/visual clarity.
  • Videos must be under 5 minutes in length.

Moderation

Content (including, without limitation, Reviews, questions, answers, photos or videos) may be read and moderated for compliance with these Terms of Use. We reserve the right not to post any question or answer or to delete any such Content that does not comply with these Terms of Use or applicable law. Some Content may get flagged, reviewed, and then later removed by our moderation team after previously appearing on the Site(s).

Customer Service

If you wish to share feedback with us about product selection, pricing, ordering, delivery, or other customer service issues, please contact us directly by visiting https://www.earthdoggy.com

The short and sweet version:

Earth Doggy Community members can leave Ratings & Reviews on product pages by selecting a star rating on a five-star scale and writing about their experience! Review content is moderated and we encourage you to follow the above guidelines when writing your review.

If you have a question about a product, you can use the Questions & Answers section on products pages to ask it. Earth Doggy Community members can also respond to questions. Like reviews, Questions & Answers content is moderated, and we encourage everyone to read the guidelines above for best practices when submitting Q&A content.

8b. Content Posted on Social Media Channels

From time to time, Earth Doggy may reach out to you and ask for permission to use content you posted on social media channels (such as, by way of example, Instagram, Facebook, X – formerly known as Twitter, TikTok, etc.), including photography, videos, captions, and or related content (your “Social Media Content”). When you agree to allow Earth Doggy to use your Social Media Content, the terms in this section apply (unless you and Earth Doggy agree in writing to different terms):

Earth Doggy will have the worldwide and perpetual right, without payment to you, but not the obligation, to do the following:

a. To Publish your Social Media Content in Earth Doggy’s Community Gallery.

b. To Publish your Social Media Content in Earth Doggy marketing materials in any form, medium or technology whether now or hereafter known, including, but not limited to, materials on EarthDoggy.com, Earth Doggy emails, and content in social media channels;

c. In connection with the foregoing, to add links to the ecommerce portions of Earth Doggy sites to enable users to purchase products (including, without limitation, products that you show, mention or tag in your Social Media Content, as well as other products); and

d. To use only specific elements of your Social Media Content (e.g., only your photography, video and/or only excepts from your caption), and to make edits to the Social Media Content, in connection with the foregoing.

You represent and warrant that:

a. No person other than you appears or is mentioned in the Social Media Content;

b. You took the photograph or video and have all the rights to the Social Media Content;

c. You actually used any products tagged, shown or mentioned in the Social Media Content in conformity with the product instructions;

d. Any statements or testimonials that are included in your Social Media Content are true and accurate and represent your current honest opinions, findings, beliefs, and/or experiences;

e. If you have received any compensation, incentive, or other benefit (e.g., free product, gift cards, sweepstakes entry, loyalty points) from Earth Doggy or any third-party in exchange for posting the Social Media Content, using any product, or mentioning or tagging any products or brand in your Social Media Content, or if you have a material connection to Earth Doggy or any other company or brand mentioned or tagged in your Social Media Content, then (i) you have disclosed this clearly in your caption clearly and conspicuously, and (ii) in connection with any use made by Earth Doggy of your Social Media Content, Earth Doggy shall have the right to prominently disclose, in a manner determined by Earth Doggy in its discretion, that you received such compensation, incentive or other benefit; and

g. You have the right to grant Earth Doggy the right to use your Social Media Content as set forth in these terms and such use by Earth Doggy will not violate the rights of any third party.

The short and sweet version:

When you post on social media platforms about Earth Doggy or our products, we may reach out to you and ask for permission to use your Content. If you agree to the terms laid out above, then you may eventually find your Content featured in Earth Doggy marketing materials, including but not limited to: Our EarthDoggy.com site and Earth Doggy emails.  

9. Earth Doggy Community

The Community is an online social platform located on EarthDoggy.com. Community membership is now a prerequisite in order to engage with certain Earth Doggy platforms, including Groups, Community Home, the Gallery, Ratings & Reviews, and Questions & Answers. You must be age 16 years or older and a legal resident of the United States or Canada to be eligible for Community membership. Eligible minors must obtain their parent’s or legal guardian’s consent prior to participation.

In order to become a Community member, you must register for an Earth Doggy account and you must select a nickname.

After you become a Community member, some of the information associated with your Community membership can be seen by everyone on your Profile page and some information can only be seen by you on your Profile page. Everyone will be able to see your featured profile photo or avatar and banner photo, your nickname, the number of Earth Doggy Members you follow and that follow you, your status, your shared “About You” content, and your shared Instagram and YouTube handles.

Other information is available on your Profile page, including:

My Groups

Any Earth Doggy Groups that you join based on your interests will appear under My Groups. You can join and leave various Groups at any time. If you do not join any Groups, this tab will be called “Featured Groups” and will be populated with suggested Groups that may be based on your account activity. Featured Groups on your Profile page are only visible to you.

My Recent Conversations

Any conversations that you engage in via Community Home will appear under My Recent Conversations. If you do not engage in any Conversations, this tab will be called “Featured Conversations” and will be populated with suggested Conversations that may be based on your account activity. Featured Conversations on your Profile page are only visible to you.

You may also contact Earth Doggy or another Member directly by clicking “Messages” on your Profile page.

My Photos

Any photographs or videos submitted by you to the Gallery (including those you have previously uploaded to the Gallery) will appear under My Photos. If you don’t submit any photographs or videos, this tab will be called “Featured Photos” and will be populated with suggested Photos that may be based on your account activity. Featured Photos on your Profile page are only visible to you.

My Recent Reviews

Any product ratings and reviews submitted by you (including those you have previously submitted as part of Ratings & Reviews) will appear under My Recent Reviews.

Review Recent Purchases

This area will populate with products you have purchased at Earth Doggy but not yet reviewed. This section can only be seen by you.

Products Recommended For You

Earth Doggy will suggest certain products to you under “Products Recommended For You.” This section can only be seen by you.

Earth Doggy may add new features to Community from time to time.

Unless noted otherwise in these Terms of Use, all information posted in association with your Community membership on your Profile page will be visible to everyone else.

Please email Customer Service at topdog@earthdoggy.com if you have questions about your Earth Doggy account or your Community membership, including how to privatize your Profile page and to remove some of your Community activity. For example, you have the ability to delete photographs or videos that you have posted to the Gallery and you can delete “About Me” information.

Customer Service can delete your Ratings & Reviews, Questions & Answers, or posts to the Gallery. Customer Service can also delete your Profile photo/avatar and banner photo. Please note that not all information can be deleted at the present time but any remaining information will not be readily available to other users if you privatize your Profile page and/or delete your Community activity in accordance with the instructions above and do not share your nickname.

The short and sweet version:

When you engage with our Community, there are sections of your profile that only you can see, as well as sections that are visible to other members. You can customize, privatize, or delete your profile by signing into your account or by emailing Customer Service at topdog@earthdoggy.com

10. Third Party Content and Third Party Sites

Earth Doggy may provide content of third parties (“Third-Party Content”), or links to Third-Party Sites, as a service to those interested in this information. Earth Doggy does not monitor, approve or have any control over any Third Party Content or the Third Party Sites and the inclusion of links to Third Party Content or Third Party Sites does not imply any association or relationship between Earth Doggy and such third party. Earth Doggy does not guarantee, endorse or adopt the accuracy or completeness of any Third Party Content or any Third Party Site. Earth Doggy is not responsible for updating or reviewing Third Party Content or Third Party Sites. You use Third Party Content and Third-Party Sites at your own risk. Third Party Content, including comments from third party users submitted to Earth Doggy through the Community, do not necessarily reflect the views of Earth Doggy.

Third Party Content includes, without limitation, product reviews, ratings, Questions & Answers and other material that was originally posted on Third Party Sites (including, without limitation, websites hosted by brands carried at Earth Doggy).

The short and sweet version:

Sometimes we may provide content, or link to content, from other websites, including product reviews, Questions & Answers and other material that was originally posted on the websites hosted by brands carried at Earth Doggy, or links to external sites containing such content, which we don’t own or control. While we’d never intentionally provide any questionable content on our site, or intentionally send you to a site with questionable material, we aren’t responsible for said content.

11. Mobile Services

If you access the Sites via your mobile phone (through an iPhone application, for example), please be aware that if you access the Site via your mobile phone or provide a mobile phone number to us in order to be contacted by voice or text message, your carrier’s normal rates and fees, such as text messaging fees or data charges, will still apply. To find out more about how we use information regarding your mobile device, including your phone number, review our Privacy Policy.

The short and sweet version:

Earth Doggy doesn’t charge you for accessing our Sites via mobile, but your carrier may charge you for things like receiving text messages or downloading data. When in doubt, check your plan.

12. Modification of Content

All Content that you submit is not confidential and may be used at Earth Doggy’s sole discretion. Earth Doggy may or may not pre-screen Content. However, Earth Doggy and its designees will have the right (but not the obligation) in their sole discretion to pre-screen, change, condense or delete any Content on the Sites. In particular, Earth Doggy and its designees will have the right to remove any Content that Earth Doggy deems, in its sole discretion, to violate the Guidelines, or any other provision of these Terms of Use. Earth Doggy does not guarantee that you will have any recourse through Earth Doggy to edit or delete any Content you have submitted. Earth Doggy reserves the right to incorporate any Content you have submitted into any account you may have, now or in the future, as a registered user of the Sites. Ratings and Reviews, Questions & Answers, and Gallery photos are generally posted within two to four business days. However, Earth Doggy reserves the right to remove or to refuse to post any submission for violation of any relevant terms or guidelines. You acknowledge that you, not Earth Doggy, are responsible for the contents of any Content you submit. None of the Content that you submit shall be subject to any obligation of confidence on the part of Earth Doggy, its agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.

The short and sweet version:

Sometimes we screen content before it’s posted to make sure it follows our guidelines. If you post something that violates our guidelines, we can remove it.

13. Reservation of Rights

Earth Doggy reserves the right, at any time, without notice and in its sole discretion, to terminate your license to use the Community and the Sites and to block or prevent your future access to and use of the Community and the Sites. Earth Doggy may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to (i) comply with legal process; (ii) enforce these Terms of Use, (iii) respond to claims that any Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Earth Doggy (and its employees), its users and the public.

The short and sweet version:

Earth Doggy’s Site is provided to you for free and we reserve the right to refuse service to anyone.

14. Disclaimer of Warranties

EARTH DOGGY IS PROVIDING THE SITES, THEIR CONTENTS AND THE COMMUNITY ON AN “AS-IS” BASIS AND MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE OPERATION OF THE SITES OR THE COMMUNITY, THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THE SITES OR AS PART OF THE COMMUNITY. TO THE FULLEST EXTENT PERMITTED BY LAW, EARTH DOGGY DISCLAIMS ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR EXAMPLE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF ANY THIRD PARTY. IN ADDITION, EARTH DOGGY DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THE SITE OR THE COMMUNITY IS ACCURATE, COMPLETE OR CURRENT. Please note that some jurisdictions may not allow the exclusion of implied warranties and conditions, so some of the above exclusions may not apply to you but shall apply to the maximum extent permitted by applicable laws. Price and availability information is subject to change without notice.

15. Disclaimer of Liabilities

EARTH DOGGY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITES OR THE COMMUNITY. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES.

16. Indemnification

You agree to defend, indemnify and hold harmless Earth Doggy (and its officers, directors, agents,  joint ventures, employees and third-party service providers), from all claims, demands, losses, liabilities, costs, expenses, obligations and damages including reasonable legal fees, arising out of (a) your misuse of the Sites and the Community; (b) your violation of any term of these Terms of Use; (c) a breach of your representations and warranties set forth above regarding Content; (d) your violation of any law or the rights of a third party (including, without limitation, any copyright, property or privacy right); or (e) any claim that any Content you submitted caused damage to a third party. This indemnification obligation will survive the termination of these Terms of Use and your misuse of the Sites and the Community.

17. DMCA

If you believe your work or content has been copied and posted to the Sites in a way that constitutes copyright infringement, please provide Earth Doggy the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

• A description of the copyrighted work that you claim has been infringed upon;

• A description of where the material that you claim is infringing is located on the Sites;

• A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

• Your name, address, telephone number and email address (if available); and

• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

The short and sweet version:

If you see anything on our Site that you believe infringes on your own trademark or copyright, email us at topdog@earthdoggy.com

18. Fraud Protection Program

As part of our order processing procedures, we screen all received orders for fraud or other types of unauthorized or illegal activity. We reserve the right to refuse to process an order due to suspected fraud or unauthorized or illegal activity or where the order violates Earth Doggy’s published policies. If such is the case, we may reject your order or our Customer Service department may call you at the phone number you provided (or use your email address) to confirm your order. We also reserve the right to cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. We take these measures to protect our customers as well as ourselves from fraud or other unauthorized or illegal activity.

The short and sweet version:

If we suspect that you’ve placed an order that’s fraudulent, unauthorized, or illegal, we might refuse to process it and may even cancel your account.

19. Privacy

By submitting your email address in connection with your account, you agree that Earth Doggy and its third-party service providers may use your email address to contact you about your Earth Doggy account or Content you have submitted to the Sites, including the Community, or for other administrative purposes and for any other purpose permitted or required by law. Earth Doggy’s Privacy Policy provides further detail on the manner in which Earth Doggy may collect and use personally identifiable information about you, including any information you supply in connection with your use of our Site and participation in the Community.

The short and sweet version:

We will send you emails based on your account settings, which you can change by signing into your account. Our Privacy Policy also tells you how Earth Doggy may collect and use your personal information.

20. Waiver

No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and Earth Doggy’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

21. English Language

It is the express wish of the parties that these Terms of Use and all related documents be drawn up in English.

22. Dispute Resolution

If a dispute should arise between you and Earth Doggy, we want to provide you with a resolution that is efficient and cost effective by using our customer service team. Almost all customer service disputes can be resolved to the customer’s satisfaction by using our customer service contacts, reachable by calling 214-621-7852 or by sending an email to topdog@earthdoggy.com

If your dispute cannot be resolved using our customer service team, these Terms describe how we shall proceed with the resolution of the dispute.

TO THE EXTENT PERMITTED BY APPLICABLE LAWS, YOU AND EARTH DOGGY AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITES AND THE COMMUNITY MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

The short and sweet version:

If you’re unhappy, the best way to get a resolution is to call 214-621-7852 or email topdog@earthdoggy.com

23. Legal Disputes; Class Action Waiver; Jury Trial Waiver

IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING PROVISIONS:

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION AND TO HAVE A TRIAL IN FRONT OF A JURY.

NO CLASS ACTIONS: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES ITS RIGHT TO PARTICIPATE IN A CLASS OR COLLECTIVE ACTION AGAINST THE OTHER PARTY IN ANY DISPUTE OR PROCEEDING (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY). ALL CLAIMS MUST BE BROUGHT SOLELY IN A PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, REPRESENTATIVE ACTION OR PROCEEDING.

WAIVER OF JURY TRIAL: EACH PARTY HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL RIGHTS THEY MAY HAVE (INCLUDING BUT NOT LIMITED TO, THEIR CONSTITUTIONAL OR STATUTORY RIGHT TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JURY) TO A TRIAL BY JURY IN ANY LEGAL PROCEEDING FOR ANY DISPUTES WHATSOEVER BETWEEN THE PARTIES, INCLUDING BUT NOT LIMITED TO, DISPUTES IN ANY WAY ARISING OUT OF OR RELATING TO THESE TERMS OR THE RELATIONSHIP OF THE PARTIES (WHETHER BASED ON CONTRACT, STATUTE, TORT, OR ANY OTHER THEORY).

24. Choice of Law/Forum Selection

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the State of Texas.

25. Severability

The provisions of these Terms of Use are intended to be interpreted in a manner which makes them valid, legal, and enforceable. In the event any provision is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal, and enforceable. It is expressly understood and agreed between the parties that such modification or restriction may be accomplished unilaterally by Earth Doggy, or alternatively, by a court of law. If such provisions cannot under any circumstances be so modified or restricted, they shall be excised from the Terms of Use without affecting the validity, legality or enforceability of any of the remaining provisions.