Terms Of Use

This Terms of Use Agreement was last updated on August 23, 2005.

The Terms of Use Agreement (the “Agreement”) constitutes a valid, binding contract between you and Fetch LLC, a Texas limited liability company (“Fetch”), the owner and operator of the site accessible through www.YourDogWillDigIt.com, with respect to the access to, and use of, this website (the “Web Site”). The products and services of Fetch on this Web Site are provided subject to compliance with the terms and conditions of this Agreement.

Please read this Agreement carefully as it constitutes a valid, binding contract between you and Fetch. YOUR USE OF THE WEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME. If you do not wish to be bound by this Agreement, you are not authorized to access or use the Web Site and/or any of its components. Please print a copy of this Agreement for your records.

1. WEB SITE ACCESS AND USAGE. Fetch reserves the right, at its sole discretion, to change, add or remove portions of this Agreement, at any time, without prior notice. Any such changes will be reflected on the Terms of Use page of the Web Site. It is your responsibility to check the Agreement each time before using this site. Your continued use of this site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with the Agreement and any such changes, Fetch grants you a personal, non-exclusive, non-transferable, non-sublicensable, limited privilege to access and use the Web Site.

Certain services offered on or through the Web Site require that you establish an account with Fetch. You are responsible for maintaining the confidentiality of your account information, including your password, and all activity that occurs under your account. You agree to notify Fetch immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Fetch or any other user of this site due to someone else using your password or account. You may not use anyone else's password or account at any time. You may not attempt to gain unauthorized access to the Web Site. Should you attempt to do so, assist others in making such attempts, or distribute instructions, software or tools for that purpose, your account will be terminated. You agree to provide us with accurate, current and complete information about yourself and your billing information as prompted in the registration process. You may update any of your account information at any time through the Web Site. You may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy, probe, test or monitor any portion of the Web Site or in any way reproduce or circumvent the navigational structure or presentation of this site or to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Web Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this site or any of the systems or networks comprising or connected to the Web Site.

To purchase any goods and/or services on our site, you must (a) be at least eighteen (18) years of age or the applicable state age of majority, (b) be a natural person (no corporations, partnerships or other legal entities), and (c) be a resident in the 50 states of the United States of America, exclusive of its commonwealths, territories and possessions. Prior to the purchase of any goods or services on the Web Site, you must provide us with a valid credit card number and associated payment information including all of the following: (i) your name as it appears on the card, (ii) your credit card number, (iii) the credit card type, (iv) the date of expiration (v) any activation numbers or codes needed to charge your card, (vi) your billing and shipping addresses, and (vii) your telephone number. By submitting that information to us, you hereby agree that you authorize us to charge your card at our convenience but within thirty (30) days of credit card authorization.

All payments must be made by VISA, MasterCard, or American Express. We currently do not accept cash, checks or any other payment form, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not this Agreement to determine your rights and liabilities as a cardholder. You, and not Fetch, are responsible for paying any unauthorized amounts billed to your credit card by a third party. You agree to pay all fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Fetch of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Fetch does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Fetch or its agents. You are responsible for paying any governmental taxes imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Fetch shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Texas and any other states or localities that it deems is required.

Your receipt of an order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Fetch reserves the right at any time after receipt of your order to accept or decline your order for any reason. Fetch further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by Fetch upon our delivery of products or services that you have ordered. We may require additional verifications or information before accepting any order. Fetch is a reseller to end users and does not accept orders from resellers, exporters, wholesalers, any businesses of any kind or other customers who intend to resell.
Fetch shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. Fetch shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Fetch shall immediately issue a credit to your credit card account in the amount of the charge.

Fetch reserves the right, at any time, to change its prices and billing methods for products or services sold, effective immediately upon posting on the site or by e-mail delivery to you.
All requests for service and support of products should be made directly to the manufacturer in accordance with their terms and conditions.

2. INTELLECTUAL PROPERTY. Fetch hereby grants you a limited, revocable, non-transferable and non-exclusive license limited solely to viewing the material on the Web Site solely for you personal, noncommercial use. The information available through the Web Site is the property of Fetch or its licensors and is protected by United States copyright, trademark, and other intellectual property laws. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information owned by Fetch or its licensors received through the Web Site to anyone. Any copy made of information obtained through the Web Site must include the copyright notice. Use, reproduction, copying, or redistribution of Fetch’s logos is strictly prohibited without written permission from Fetch.

3. DIGITAL MILLENIUM COPYRIGHT ACT. Pursuant to 17 U.S.C. § 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), Fetch will terminate the account of any customer or vendor who uses his or her privileges to unlawfully transmit copyrighted material without a license, valid defense or fair use privilege to do so. After proper notification by the copyright holder or its agent to Fetch and later confirmation through court order or an admission by the customer that an account has been an instrument of unlawful infringement, Fetch will terminate the infringing customer's account. Fetch may also in its sole discretion decide to terminate a customer's account privileges prior to that time if it has good belief that infringement has in fact occurred. Fetch respects the intellectual property of others and we ask others to do the same. If you believe that your copyright has been infringed through the Web Site, please contact us at info@yourdogwilldigit.com. Please include a statement by you to include a description of the alleged infringing work or material, its location on the site, your contact information, and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner whose exclusive right is allegedly infringed.

4. PRIVACY. Fetch respects your privacy and takes privacy on the Internet very seriously. As a condition of registering with the Web Site or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your information as outlined in our Privacy Policy, which is incorporated herein by reference. Our Privacy Policy may change from time to time, and as a condition of browsing the Web Site, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.

By establishing an account with us, and each time you make a purchase through the Web site, you grant permission for Fetch to contact you at your e-mail address. To stop receiving our marketing emails, follow the opt-out procedures set forth in such marketing emails.
While Fetch takes reasonable steps to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your personal information. In no event shall Fetch or its affiliates be liable for any damages (whether consequential, direct, incidental, indirect, punitive, special or otherwise) arising out of, or in any way connected with, a third party's unauthorized access to your personal information, regardless of whether such damages are based on contract, strict liability, tort or other theories of liability, and also regardless of whether Fetch was given actual or constructive notice that damages were possible.

5. LEGAL NOTICES & DISCLAIMERS

5.1. General Disclaimers. The Web Site may contain typographical errors or inaccuracies and may not be complete or current. Fetch therefore reserves the right to correct any errors, inaccuracies or omissions (including after an order has been submitted) and to change or update information at any time without prior notice. Please note that such errors, inaccuracies or omissions may relate to pricing and availability, and Fetch reserves the right to cancel or refuse to accept any order placed based on incorrect pricing or availability information. We apologize for any inconvenience.

THE WEB SITE, PRODUCTS, SERVICES, CONTENT, SOFTWARE, ARTWORK, DATA, AND INFORMATION ARE PROVIDED "AS IS" AND “AS AVAILABLE” BASIS WITH ALL FAULTS. FETCH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT. EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS, NEITHER FETCH NOR ITS CORPORATE AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, SUCCESSORS OR ASSIGNS OF EACH, SHALL BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF, OR RELATED TO, THE USE OF THIS SITE OR ANY OTHER SITE LINKED TO THE WEB SITE. THIS LIMITATION OF LIABILITY APPLIES TO DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR OTHER DAMAGES YOU OR OTHERS MAY SUFFER, AS WELL AS DAMAGES FOR LOST PROFITS, BUSINESS INTERRUPTION OR THE LOSS OF DATA OR INFORMATION, EVEN IF FETCH IS NOTIFIED IN ADVANCE OF THE POTENTIAL FOR ANY SUCH DAMAGES.

5.2. Limitation of Liability. THE ENTIRE RISK ARISING OUT OF THE USE OF THE WEB SITE, THE USE OF ANY PRODUCTS AND/OR SERVICES OFFERED ON OR IN CONNECTION WITH THE WEB SITE, AND/OR THE USE OF ANY CONTENT REMAINS WITH YOU. IN NO EVENT SHALL FETCH OR ITS LICENSORS OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THE AGREEMENT OR THE USE OF OR INABILITY TO USE ANY PRODUCTS, SERVICES, AND/OR CONTENT, WITH THE DELAY OR INABILITY TO USE THE WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEB SITE WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE EVEN IF FETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT OR POSTED ON THE WEB SITE, THE MAXIMUM LIABILITY THAT FETCH SHALL HAVE IS LIMITED TO ANY AMOUNTS ACTUALLY PAID TO FETCH BY YOU AS AN END USER. YOU ASSUME ALL RISK OF LOSS FOR SHIPPED PRODUCTS. ORDER INFORMATION SUCH AS BILLING OR SHIPPING ADDRESS THAT IS INACCURATE OR INCOMPLETE MAY RESULT IN DELAYS THAT SHALL NOT BE THE RESPONSIBILITY OF FETCH. YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS OF LIABILITY, DISCLAIMERS OF WARRANTIES AND LIMITED REMEDIES SET FORTH HEREIN REPRESENT AN INSEPARABLE ALLOCATION OF RISK (INCLUDING, WITHOUT LIMITATION, IN THE EVENT OF A TOTAL AND FUNDAMENTAL BREACH OF THIS AGREEMENT) THAT IS AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

6. GENERAL.

6.1. Third Party Sites. Although the Web Site may include links providing direct access to third-party Internet sites as a convenience, the inclusion of a link does not imply endorsement of the linked site by Fetch. Fetch takes no responsibility for the content or information contained on those other sites, and does not exert any editorial or other control over those other sites. Nor does Fetch take responsibility for the privacy policies and practices of these third-party links. If you decide to access linked third party web sites, you do at your own risk.

6.2. Indemnity. YOU AGREE TO DEFEND, IMDEMNIFY AND HOLD COMPLETELY HARMLESS FETCH, AND ITS AFFILIATES AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES (INCLUDING ATTORNEY’S FEES), INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF FETCH, ARISING FROM OR RELATED TO YOUR USE OR ALLEGED USE OF THE WEB SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THE WEB SITE.

6.3. Termination. You agree that Fetch may, at its sole discretion and without prior notice to you, terminate your access to this Web Site and your account for any reason, including without limitation: (1) attempts to gain unauthorized access to this site or assistance to others attempting to do so, (2) overcoming software security features limiting use of or protecting any content, (3) discontinuance or material modification of this site or any service offered on or through this site, (4) violations of this Agreement, (5) failure to pay for purchases, (6) suspected or actual copyright infringement, (7) unexpected operational difficulties, or (8) requests by law enforcement or other government agencies. You agree that Fetch will not be liable to you, or to any third party, for termination of your account or access to this site.

6.4. Severability. The provisions of this Agreement are severable, and in the event any provision hereof is determined to be invalid or unenforceable, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining provisions, but such provision shall be reformed, if reasonably possible, only to the extent necessary to make it enforceable.

6.5. Entire Agreement. This Agreement, together with any Fetch rules or policies referred to herein, represents the entire agreement between you and Fetch with respect to your use of the Web Site. There are no other representations, warranties, terms, agreements or conditions, either written or oral, with the use of this Web Site, except as set forth in this Agreement. The terms herein as they relate to the ordering of merchandise from the Web Site are supplemented by our Ordering Policies and Privacy Policy, which are incorporated herein by reference. Fetch may modify this Agreement as set forth above.

6.6. Assignment. You may not assign, transfer or delegate this Agreement or any part of it without Fetch’s prior written consent. Fetch may freely transfer, assign or delegate all or any part of this Agreement, and any rights and duties hereunder. This Agreement will be binding upon and inure to the benefit of the heirs, successors and permitted assignees of the parties.

6.7. Waiver. Failure to exercise or delay in exercising any right hereunder, or failure to insist upon or enforce strict performance of any provision of this Terms of Use, shall not be considered waiver thereof, which can only be made by signed writing. No single waiver shall be considered a continuing or permanent waiver.

6.8. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any choice of law rules or principles. You agree that Travis County, Texas shall be the sole and exclusive venue for any legal action or proceeding between Fetch and you for any purpose concerning this Agreement. Any cause of action or claim you may have with respect to Fetch must be commenced within one (1) year after it arises, except to the extent such limitation is not enforceable. To the fullest extent permitted by law, each party to this Agreement waives its or his or her right to a jury trial with respect to any dispute or other controversy arising from hereunder or your use of or access to the Web Site.