Terms of Use - Three Dog Bakery

Last modified: May 19,2023

1. INTRODUCTION

We are Three Dog Bakery® (“Three Dog Bakery”, “we, “us” or “our” or words of similar import), the bakery for dogs. We have been making tails wag since 1989, and today our mission remains the same –– feed the souls of dogs and the people that love them. Our website and mobile application (the “Three Dog Bakery Site”) are your gateways to our Three Dog Bakery experience.

The Three Dog Bakery Site is designed to introduce dog lovers to our ever-changing selection of decadent bakery delights, like our seasonal treats, gourmet pastries, beloved Pupcakes™, and personalized cakes, as well as our selection of unique toys, rawhides and chews, grooming gear and the latest four-legged fashion accessories. We have also designed the Three Dog Bakery Site to be used by our registered Three Dog Bakery franchisees to enable them to order products from us for sale to you, their dog loving customers. The Three Dog Bakery Site is not designed to sell our products directly to the consumer and, consequently, consumers do not need to register to access the Three Dog Bakery Site. However, use of the Three Dog Bakery Site by consumers and franchisees alike is subject to acceptance of these Terms of Use, as described in Section 2 below.

The Three Dog Bakery Site is offered and available to users who are 13 years of age or older. By using the Three Dog Bakery Site, you represent and warrant that you are at least 13 years of age. If you are not, you must not access or use the Three Dog Bakery Site.

References in these Terms of Use to “you”, “your” or words of similar import may mean consumers, or Three Dog Bakery franchisees, or both consumers and Three Dog Bakery franchisees, as the context requires. References to “your Three Dog Bakery Account” mean references to a particular Three Dog Bakery franchisee’s account with Three Dog Bakery as established in accordance with these Terms. When the words “include“, “includes“, “including” (and other derivations thereof) appear in these Terms, they shall be deemed to be followed by the phrase “without limitation.”

2. ACCEPTANCE OF TERMS OF USE

These Terms of Use, as they may be amended or otherwise updated (“Terms”) govern your access to and use of the Three Dog Bakery Site. These Terms constitute a binding legal agreement between you and Three Dog Bakery regarding your use of the Three Dog Bakery Site, so read them carefully before you start to use the Three Dog Bakery Site. You should also read our Privacy Policy before using the Three Dog Bakery Site, which policy by this reference is made a part of these Terms. By accessing the Three Dog Bakery Site, or by clicking to accept or agree to these Terms when this option is made available to you, you are indicating that you have read and that you understand and agree to be bound by these Terms (including our Privacy Policy), even if you do not have to register to use the Three Dog Bakery Site. If you do not agree to these Terms, you must not access or otherwise use the Three Dog Bakery Site.

3. CHANGES TO TERMS OF USE

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Three Dog Bakery Site thereafter. However, any changes to any of the provisions set forth in Section 19 (Governing Law and Dispute Resolution) of these Terms will not apply to any dispute for which the parties have actual notice prior to the date the change is posted on the Three Dog Bakery Site.

Your continued use of the Three Dog Bakery Site following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check these Terms frequently so you are aware of any changes, as they are binding on you. If you are a consumer and you disagree with any of the changes to these Terms, you must stop accessing the Three Dog Bakery Site. If you are one of our registered franchisee users and you do not agree with any of the changes to these Terms, then you may terminate your agreement to be bound by these Terms by giving us notice of termination via e-mail to bakeryorders@threedogstores.com in accordance with Section 17 (“Termination”) below.

4. REGISTRATION; CREATION OF ACCOUNTS

Consumers do not need to register or create an account with us to peruse the Three Dog Bakery Site. If you are a franchisee user, however, we will register you and create an account with us for you (“Three Dog Bakery Account”) using the information you provide us as part of your becoming a Three Dog Bakery franchisee to enable you to order product from us through the Site. We may suspend or terminate any franchisee’s access to the Three Dog Bakery Site if we determine, in our sole discretion, that the franchisee has not used, or is not currently using, the Three Dog Bakery Site in an appropriate manner or otherwise strictly in accordance with these Terms, or if we determine that the franchisee’s continued use of the Three Dog Bakery Site may cause damage to Three Dog Bakery.

As part of the process of creating a Three Dog Bakery Account, we assign a unique user ID and password to each franchisee to enable the franchisee to log in to the Three Dog Bakery Site. Franchisees are solely responsible at all times for maintaining the confidentiality of their respective usernames and passwords. Each franchisee user agrees to not permit any third party to use its name and password to access the Three Dog Bakery Site or use any of the services offered by the Three Dog Bakery Site. If a franchisee user believes that there has been or may be a breach of security affecting its Three Dog Bakery Account, that franchisee user agrees to immediately notify Three Dog Bakery at bakeryorders@threedog.com and agrees to immediately change its password. Each franchisee user is solely liable for any unauthorized use of the Three Dog Bakery Site through its username and password.

We have the right to disable any username, password, or other identifiers at any time in our sole discretion for any or no reason, including if, in our opinion, a franchisee user has violated any provision of these Terms.

5. PRIVACY POLICY

Three Dog Bakery considers your privacy to be of the utmost importance. You hereby agree to the terms set forth in the Three Dog Bakery Privacy Policy, which policy contains a detailed description of the information gathering and dissemination practices for the Three Dog Bakery Site and can be found here Privacy Policy. In the course of using the Three Dog Bakery Site, you may come into possession of certain information concerning other users of the Three Dog Bakery Site. This information may include names, addresses, phone numbers, email addresses, and other private information (collectively “Personal Data”). Each user agrees to respect the privacy of others and each franchisee user agrees that it will maintain and enforce a privacy policy regarding Personal Data that complies with all applicable state, federal and international laws, rules and regulations. Each user further agrees that such user’s collection and use of any Personal Data will always comply with all applicable state, federal and international laws, rules and regulations and, to the extent not inconsistent therewith and otherwise applicable, the terms of such user’s privacy policy.

6. GENERAL USER OBLIGATIONS

You agree to: (a) maintain all equipment and Internet access services required for your access to and use of the Three Dog Bakery Site; (b) maintain the security and confidentiality of your user name, password and all other confidential information relating to your Three Dog Bakery Account; (c) be responsible for all fees and charges, if any, resulting from the use of your Three Dog Bakery Account, including any unauthorized use prior to your notifying us changing your password as required by these Terms; (d) comply with all applicable laws, statutes, ordinances, rules and regulations when using the Three Dog Bakery Site; and (e) not make any representation or warranty to any third party on behalf of Three Dog Bakery. You further agree not to engage in any activity that: (f) constitutes or encourages a violation of any applicable law or regulation, including the sale of illegal goods or the violation of export control or obscenity laws; (g) defames, impersonates or invades the privacy of any third party; (h) infringes the rights of any third party, including the intellectual property, business, contractual or fiduciary rights of others; (i) is in any way connected with the transmission of “junk mail” “spam”, or the unsolicited mass distribution of e-mail, or with any unethical marketing practices; (j) involves the display, sale, distribution or creation of any pornographic, obscene or otherwise offensive goods, services, material or ideas, or promotes violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age; or (k) attempts to gain unauthorized access to any server or other equipment or information controlled by Three Dog Bakery.

7. PERMISSIBLE USES OF THREE DOG BAKERY SITE

Subject to these Terms, Three Dog Bakery grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Three Dog Bakery Site. This license includes if you are a registered franchisee user, the right to order products from us. This license does not include any resale or commercial use of the Three Dog Bakery Site content, or the right to access or use the Three Dog Bakery Site for any of the restricted purposes set forth immediately below. Three Dog Bakery may terminate this license at any time for any or no reason.

The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Three Dog Bakery Site, its products or its content without the express written consent of Three Dog Bakery; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Three Dog Bakery Site or anything purchased from the Three Dog Bakery Site; (c) you shall not access the Three Dog Bakery Site to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated in these Terms, no part of the Three Dog Bakery Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Three Dog Bakery’s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Three Dog Bakery Site without Three Dog Bakery’s express written consent.

Three Dog Bakery reserves the right, at any time, to modify, suspend, or discontinue the Three Dog Bakery Site or any part thereof with or without notice. You agree that Three Dog Bakery will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Three Dog Bakery Site or any part thereof.

8. PRODUCT ORDERS ACCEPTANCE

Registered Three Dog Bakery franchisee users may order products from us by logging into their Three Dog Bakery Account and then clicking on the “Place Franchisee Order.” All orders are subject to the terms and conditions of the Franchise Agreement to which the franchisee submitting the order is a party.

9. INTELLECTUAL PROPERTY RIGHTS

The Three Dog Bakery Site contains valuable trademarks and service marks owned and used by Three Dog Bakery, including Three Dog Bakery, the Three Dog Bakery design logo, and the tagline “Original Bakery for Dogs” (collectively, the “Three Dog Bakery Marks”). Any use of the Three Dog Bakery Marks without the prior written permission of Three Dog Bakery is strictly prohibited. The arrangement and layout of the Three Dog Bakery Site, including the Three Dog Bakery Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of Three Dog Bakery.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE THREE DOG BAKERY SITE IS PROHIBITED.

Three Dog Bakery uses a network of independent product and content suppliers, distributors and other third parties to supply some of the products and content advertised on the Three Dog Bakery Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these products and such other third parties that are not owned by Three Dog Bakery but appear on the Three Dog Bakery Site are the property of their respective owners.

10. USER CONTENT

The Three Dog Bakery Site may contain or link to message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, newsletters and other interactive features (“Interactive Services”) that allow users or others to post, submit, publish, display, or transmit User Content on or through the Three Dog Bakery Site. “User Content” means any and all information and content that a user of the Three Dog Bakery Site submits to Three Dog Bakery by any means, including through social media, or uses in connection with the Three Dog Bakery Site through any of the Interactive Services.

By submitting your User Content or using it with the Three Dog Bakery Site, you automatically grant, and you represent and warrant that you have the right to grant, to Three Dog Bakery an irrevocable, non-exclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Three Dog Bakery Site, the Interactive Services, and the Three Dog Bakery social media platforms and marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

Three Dog Bakery will treat any feedback, communications, or suggestions you provide to Three Dog Bakery as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Three Dog Bakery to the contrary, you agree that you will not submit to Three Dog Bakery any information or ideas that you consider to be confidential or proprietary.

You agree not to use the Three Dog Bakery Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

You are solely responsible for your User Content. You assume all risks associated with the use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant to us that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Three Dog Bakery Site as described herein and (b) your User Content does not violate these Terms. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Three Dog Bakery. Because you alone are responsible for your User Content (and not Three Dog Bakery), you may expose yourself to liability if, for example, your User Content violates these Terms. Three Dog Bakery is not obligated to backup any User Content and makes no representation that it will do so. You agree that Three Dog Bakery may delete User Content at any time.

We reserve the right (but have no obligation under these Terms or otherwise) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate these Terms with respect to User Content, including removing or modifying your User Content, terminating your Three Dog Bakery Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose to governmental authorities any information we consider necessary or appropriate, including your username and password, IP address and traffic information, usage history, and your User Content.

11. COPYRIGHT AND TRADEMARK CLAIMS

Three Dog Bakery respects the intellectual property rights of others and expects you (or the entity you represent) to do the same. This Section 11 sets forth our policy for addressing copyright and trademark infringement claims arising from the use of the Three Dog Bakery Site. When a reference to “trademarks” appears in this Section 11, that reference means trademarks, service marks, trade names, logos, or other similar designations that identify a business, company or product, as the context requires.

To notify Three Dog Bakery that there has been a copyright or trademark violation, please follow the instructions in Part A of this Section for a copyright infringement claim or Part B of this Section for a trademark infringement claim. If you are responding to a claim that you have infringed a copyright or trademark, please follow our Counter-Notification Procedure; Part C of this Section.

A. Copyright Claims

If you believe that you have a claim for infringement of a copyright for material for which you hold the bona fide copyright and that claim arises from a third party’s use of the Three Dog Bakery Site, you must first provide us a valid notice of your claim if you would like us to act upon your copyright infringement claim. For the notice to be valid, it must be in writing. The notice must also contain the information required below in this Part A and any other relevant information that you wish to provide, and it must be provided to our Copyright/Trademark Agent by any of the ways described in Part F of this Section. The words “Copyright Claim” should appear in the subject line to distinguish your copyright infringement claim from a trademark infringement claim.

Your name, address, telephone number, mailing address, and/or email address, so that we may contact you regarding your copyright infringement claim.
A description of the copyrighted work that you claim has been infringed.
A description of where the allegedly infringing material is located on the Three Dog Bakery Site.
Information, if you have it, to enable us to contact the alleged infringer, such as its address, telephone number, or email address, or a statement that you do not have such information.
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.
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 authorized to act on behalf of the copyright owner.
Your electronic or physical signature. You may provide your signature by typing at the bottom of your notice your full legal name (if you are an individual, first and last names; if you are a company, full company name, first and last names of the person signing on behalf of the company, and capacity of the person, such as President, Vice President, etc., signing on behalf of the company).
The date (MM/DD/YYYY) that you are submitting the notice of alleged copyright infringement.

You agree that any notice of an alleged copyright infringement claim you provide to us that does not comply with the above-listed requirements is not a valid notice of an alleged copyright infringement claim.

Upon our receipt from you of a valid notice of an alleged copyright infringement claim, we will remove or disable access to the allegedly infringing material within a reasonable time and will then take reasonable steps to notify the alleged infringer that we have removed or disabled access to the allegedly infringing material. That removal may be temporary. (See Counter-Notification Procedure; Part C of this Section).

Please note that the information you provide in a notice, including your name, telephone number, mailing address, and or email address, may be forwarded to the person who provided the allegedly infringing material to us and that we may publish your contact information in place of disabled content.

If we act upon a notice of a copyright infringement claim that you submit to us, you may be responsible for initiating actions that may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on the Three Dog Bakery Site infringe upon your copyright, you should consult a lawyer before proceeding with any notice to us.

B. Trademark Claims

If you believe that you have a claim for infringement of a trademark for which you hold a valid trademark registered with the United States Patent and Trademark Office or for which you own United States common law rights that are national in scope and that claim arises from a third party’s use of the Three Dog Bakery Site, you must first provide us a valid notice of your claim if you would like us to act upon your trademark infringement claim. For the notice to be valid, it must be in writing. The notice must also contain the information required below and any other relevant information that you wish to provide, and it must be provided to our Trademark Agent by any of the ways described in Part F of this Section. The words “Trademark Claim” should appear in the subject line to distinguish your trademark infringement claim from a copyright infringement claim.

Your name, address, telephone number, mailing address, and/or email address, so that we may contact you regarding your trademark infringement claim.
Identification of the allegedly infringed trademark (the trademark that you claim is being infringed), including registration number, if any, and a graphical representation of that trademark.
Information establishing proof of your ownership of, or right to use, the allegedly infringed trademark.
The jurisdiction or geographical area to which the allegedly infringed trademark applies and if your rights are based on United States common law and not a registration, evidence substantiating the geographical area that you are claiming.
The goods and/or services covered by or offered under the allegedly infringed trademark.
The date of first use in interstate commerce of the allegedly infringed trademark.
A description of the manner in which you believe the allegedly infringed trademark is being infringed upon.
A statement by you that you have a good faith belief that the disputed use is not authorized by the trademark owner, its agent or the law.
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark owner or authorized to act on behalf of the trademark owner.
Your electronic or physical signature. You may provide your signature by typing at the bottom of your notice your full legal name (if you are an individual, first and last names; if you are a company, full company name, first and last names of the person signing on behalf of the company, and capacity of the person, such as President, Vice President, etc., signing on behalf of the company).
The date (MM/DD/YYYY) that you are submitting the notice of alleged trademark infringement.

You agree that any notice of a trademark infringement claim you provide to us that does not comply with the above-listed requirements is not a valid notice of a trademark infringement claim.

Upon our receipt from you of a valid notice of an alleged trademark infringement claim, we will remove or disable access to the allegedly infringing material within a reasonable time and will then take reasonable steps to notify the alleged infringer that we have removed or disabled access to the allegedly infringing material. That removal may be temporary. (See Counter-Notification Procedure; Part C of this Section).

If we act upon a notice of a trademark infringement claim that you submit to us, you may be responsible for initiating actions that may expose you or us to legal liability. Do not submit false claims. If you are unsure whether materials on the Three Dog Bakery Site infringe upon your trademark rights, you should consult a lawyer before proceeding with any notice to us.

C. Counter-Notification Procedure

If you have received a notice of copyright or trademark infringement from us, you may provide Counter Notification to us by emailing our Copyright/Trademark Agent as further described in Part F of this Section, and by including the following with such email:

Your name, address, and telephone number, and a statement that you (as the alleged infringer) consent to the personal and exclusive jurisdictions of the Circuit Court of Jackson County, Missouri and the United States District Court for the Western District of Missouri, and that you (as the alleged infringer) will accept service of process from the complaining party or an agent of such party.
Identification of the material that has been removed or to which access has been disabled and the location on the Three Dog Bakery Site at which the material appeared before it was removed or access to it was disabled.
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your electronic or physical signature. You may provide your signature by typing at the bottom of your Counter Notification your full legal name (if you are an individual, first and last names; if you are a company, full company name, first and last names of the person signing on behalf of the company, and capacity of the person, such as President, Vice President, etc., signing on behalf of the company).

You agree that any Counter Notification of a copyright or trademark infringement claim you provide to us that does not comply with the above-listed requirements is not a valid Counter Notification of a trademark or copyright infringement claim for purposes of these Terms.

Upon receipt of a valid Counter Notification, as described above, Three Dog Bakery will promptly provide the complaining party with a copy of the Counter Notification, and inform such party that it will replace the removed material or cease disabling access to it in ten (10) business days. Three Dog Bakery will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the valid Counter Notification unless Three Dog Bakery first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain you from engaging in infringing the complaining party’s copyright or trademark.

D. Retractions

If you submitted a notice of copyright or trademark infringement by mistake or would otherwise like to retract your notice, please provide us with the following:

The statement “I hereby retract my copyright infringement notification”, or “I hereby retract my trademark infringement notification”, as the situation requires.
An identification of the allegedly infringing materials, and if applicable, the reference or link to the allegedly infringing materials that you identified in the original copyright or trademark infringement notification.
Your electronic or physical signature. You may provide your signature by typing at the bottom of your retraction your full legal name (if you are an individual, first and last names; if you are a company, full company name, first and last names of the person signing on behalf of the company, and capacity of the person, such as President, Vice President, etc., signing on behalf of the company).
The date (MM/DD/YYYY) that you are submitting the retraction.

If your account or any material you uploaded or submitted to the Three Dog Bakery Site has been affected by a copyright or trademark infringement notification, you may reach out directly to the copyright or trademark owner, as the case may be, for a retraction of the original notice. We will retract the original notice upon receiving a written confirmation from the copyright or trademark owner or any person authorized to act on behalf of the copyright or trademark owner.

E. Repeat Infringers

It is Three Dog Bakery’s policy to provide for the termination in appropriate circumstances of access to the Three Dog Bakery Site by registered users who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks or any other intellectual property. In addition, we reserve the right at all times to suspend or terminate any account in accordance with the other provisions of these Terms.

F. Manner of Providing Notice

By Mail:
Three Dog Bakery
6131 Deramus Avenue
Kansas City, MO 64120
Attn: Copyright/Trademark Agent

Any notice of an alleged copyright or infringement claim by phone must be promptly followed up with a written notice containing the information required by this Section 11 for the notice to be valid for purposes of these Terms.

By Email:
ThreeDogBakery@ThreeDogStores.com
Attn: Copyright/Trademark Agent

12. LINKING TO THE SITE AND SOCIAL MEDIA FEATURES

Franchisee users may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

The Three Dog Bakery Site may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on the Three Dog Bakery Site.
Send emails or other communications with certain content, or links to certain content, on the Three Dog Bakery Site.
Cause limited portions of content on the Three Dog Bakery Site to be displayed or appear to be displayed on your own or certain third-party websites.

Franchisee users may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, franchisee users must not:

Establish a link from any website that is not owned by you.
Cause the Three Dog Bakery Site or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Three Dog Bakery Site other than the homepage.
Otherwise, take any action with respect to the materials on the Three Dog Bakery Site that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.

13. LINKS FROM THE THREE DOG BAKERY SITE

If the Three Dog Bakery Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Three Dog Bakery Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

14. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that any files available for downloading from the Internet or the Three Dog Bakery Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Three Dog Bakery Site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE THREE DOG BAKERY SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE THREE DOG BAKERY SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE THREE DOG BAKERY SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE THREE DOG BAKERY SITE IS AT YOUR OWN RISK. THE THREE DOG BAKERY SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE THREE DOG BAKERY SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THREE DOG BAKERY NOR ANY PERSON ASSOCIATED WITH THREE DOG BAKERY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE THREE DOG BAKERY SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THREE DOG BAKERY NOR ANYONE ASSOCIATED WITH THREE DOG BAKERY REPRESENTS OR WARRANTS THAT THE THREE DOG BAKERY SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE THREE DOG BAKERY SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE THREE DOG BAKERY SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE THREE DOG BAKERY SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE THREE DOG BAKERY SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THREE DOG BAKERY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. LIMITATIONS ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THREE DOG BAKERY, OR ITS LICENSORS, SERVICE PROVIDERS AND OUR AND THEIR RESPECTIVE EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE THREE DOG BAKERY SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE THREE DOG BAKERY SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

16. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Three Dog Bakery, its, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Three Dog Bakery Site or services provided by the Three Dog Bakery Site other than as expressly authorized by these Terms, or your use of any information obtained from the Three Dog Bakery Site, including from any of the Interactive Services.

17. TERMINATION

Three Dog Bakery may immediately terminate a user’s access to the Site at any time and for any or no reason. A user may terminate its agreement to be bound by these Terms for any or no reason upon thirty (30) days’ prior written notice to Three Dog Bakery. Termination of the agreement represented by these Terms shall not release any party from liability to the other party which at the time of termination shall have already occurred or which thereafter may occur in respect of any act or omission prior to such termination; nor shall any termination of the agreement represented by these Terms affect in any way the survival of any right, duty or obligation of any party to which by the provisions of these Terms is to survive termination. The provisions of this Section 17 and Sections 5, 8, 9, 10, 11, 13, 14, 15, 16, 18, 19, 20 and 21 shall survive any termination of your agreement to be bound by these Terms.

18. NOTICE

Three Dog Bakery may deliver notice to you under these Terms by means of electronic mail, a general notice on the Site, or by written communication delivered by first class U.S. mail to your address on record in your Three Dog Bakery account information. Except for notices required by Section 11, which shall be governed by that Section, you may give notice to Three Dog Bakery at any time via electronic mail at threedogbakery@threedogstores.com.

19. GOVERNING LAW AND DISPUTE RESOLUTION

All matters relating to these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Missouri without giving effect to any choice or conflict of law provision or rule (whether of the State of Missouri or of any other jurisdiction). Any legal suit, action or proceeding arising out of or relating to these Terms shall be instituted exclusively in the State or Federal courts of the United States located in Jackson County, Missouri. We retain the right to bring any suit, action or proceeding against you for breach of these Terms in your county of residence or in any other relevant county. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At our sole discretion, we may require you to submit any disputes arising out of or relating to these Terms, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Missouri law (without giving effect to any choice or conflict of law provision or rule, whether of the State of Missouri or of any other jurisdiction) at such location in Missouri as we shall determine.

20. FORCE MAJEURE

Three Dog Bakery shall not be liable to any person or entity for any delay or failure in performance resulting directly or indirectly from acts of God, war, terrorist activity or other causes beyond its reasonable control.

21. MISCELLANEOUS

These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Three Dog Bakery’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees. No waiver by Three Dog Bakery of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Three Dog Bakery to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect. Nothing in these Terms is intended to create in any person or entity the rights of a third party beneficiary. These Terms constitute the sole and entire agreement between us and you and with respect to the subject matter of these Terms and your use of the Three Dog Bakery Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to these Terms and your use of the Three Dog Bakery Site.

Our Contact Information
To ask questions or comment about these Terms, or to otherwise contact us, please contact:

Three Dog Bakery
6131 Deramus Avenue
Kansas City, MO 64120

CustomerService@ThreeDogStores.com

Thank you for visiting the Three Dog Bakery Site.