Terms
Terms of Use Agreement
You are visiting a website owned by “Top Dog Direct” . By using this website, you are entering into a legal agreement to abide by the terms of use you see here, and you are agreeing that you have read and fully understand these terms of use.
This Terms of Use Agreement (“Agreement”) applies to the websites operated by “Top Dog Direct”, LLC and any of its affiliates and subsidiaries (“Websites” or each individually “Website”) on which this Agreement is displayed. This Agreement also applies to your use of any goods, facilities or services offered through the Websites (collectively “Services”), regardless of how they are accessed. By accessing, browsing, or using the Websites, you acknowledge that you understand, accept and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated into this Agreement by reference. You agree that, to the fullest extent required by the law of any state, you have been provided with, have received, and are agreeing to all disclosure and consent requirements. Certain Services may include additional terms; by agreeing to proceed with any such Services you acknowledge that you have read, understand, and agree to be bound by any additional terms displayed or referenced that apply to that Service.
For purposes of this Agreement, “you” or “your” means the person(s) using the Websites and/or the Services, and any person(s) for whom such person(s) are acting as an agent with respect to the Websites and/or the Services.
““ “” , “us” or “we” includes ““ “” and any of its affiliates or subsidiaries.
“Qualification Form” refers to your request to be matched with providers of any of the services that you may be connected to through “ “ Websites.
We reserve the right, at our sole discretion, to change or modify the Websites or this Agreement (or any portion thereof) at any time. Such changes and modifications become effective immediately upon posting on the Websites. You agree to review this Agreement for any such changes upon your use of the Websites and that your continued use of the Websites or Services constitutes your acceptance of such changes and modifications. The Websites are intended for individuals who are at least 18 years of age and are accessing the internet from a physical location within the United States of America. By using or accessing the Websites, you acknowledge that you are 18 years of age or older and are accessing the internet from a physical location within the United States of America.
Privacy Policy
Our Privacy Policy, hereby incorporated by reference into this Agreement, explains how We collect, protect, share, and use your information as part of our technology platforms, and all of our products and services.
Consumer Information Security Policy
Our Consent Agreement for Electronic Disclosures and Communications, hereby incorporated by reference into this Agreement, explains your agreement to receive all current and future notices, disclosures, communications and information, and to do business electronically with us and our Providers. Your continued use of this site is evidence of your acceptance and agreement to be bound by this Agreement.
Copyright, Trademark and Service Mark Notices
All text, graphics, photographs, videos, sound, trademarks, logos, artwork, interfaces and computer code, including but not limited to the design, coordination, “look and feel” and arrangement of elements contained on the Websites (collectively “Content”) is owned or licensed by or to “Top Dog Direct” . The Content is protected by trademark, copyright, and patent laws, and other intellectual property rights and unfair competition laws. Except as expressly stated herein, no part of the Websites or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, transmitted or distributed in any way, including the use of framing or mirrors, to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without “Top Dog Direct “ prior written permission. Nothing on the Websites should be construed as granting any license or right to use any Content.
Disclaimers and Liability
THE WEBSITES, CONTENT AND SERVICES ARE PROVIDED FOR USE “AS IS” WITHOUT WARRANTY OF ANY KIND. “Top Dog Direct“DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL BE ACCURATE, ERROR-FREE OR UNINTERRUPTED. “Top Dog Direct “DOES NOT WARRANT THAT THE WEBSITES, CONTENT OR SERVICES WILL PROVIDE SPECIFIC RESULTS.
TO THE MAXIMUM EXTENT NOT PROHIBITED BY LAW:
- UNDER NO CIRCUMSTANCES WILL “TOP DOG DIRECT“BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR RELIANCE ON OR USE OF THE WEBSITES, CONTENT, SERVICES OR OTHER ITEMS LOCATED ON THE WEBSITES.
- “Top Dog Direct “ DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER STATUTORY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
ADDITIONALLY, THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THE WEBSITES DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY US. ALL SUCH INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.
Indemnity
You agree to indemnify, defend and hold harmless “Top Dog Direct “ and its officers, directors, shareholders, predecessors, successors-in-interest, licensors, employees, agents, subsidiaries and affiliates (“ ”), from and against any and all claims, losses, liabilities, expenses (including attorneys’ fees and costs) and damages arising out of or relating to your use of the Websites or Services, your violation of any third-party right or law, or your violation or alleged violation of this Agreement. You must not settle any such claim or matter without the prior written consent of “Top Dog Direct” . The “Top Dog Direct “Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, and you further agree that you will cooperate fully in the defense of any such claims.
Limitation on Damages
“Top Dog Direct “ LIABILITY, IF ANY, SHALL BE LIMITED TO DIRECT AND FORESEEABLE DAMAGES, WHICH SHALL NOT EXCEED THE AMOUNT PROVIDED BELOW. UNDER NO CIRCUMSTANCES SHALL “Top Dog Direct “ BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, STATUTORY, PUNITIVE OR EXEMPLARY DAMAGES SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS, LOSS OF OR DAMAGE TO DATA, OR EMOTIONAL DISTRESS NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL “Top Dog Direct “ TOTAL LIABILITY EXCEED U.S. $100.00. THESE LIMITATIONS AND EXCLUSIONS APPLY EVEN IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE OR IF WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF THE DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THESE LIMITATIONS AND EXCLUSIONS APPLY TO ANY CLAIMS RELATED TO THIS AGREEMENT OR TO THE SERVICES.
Links to Third Party Websites
The Websites may contain links to websites maintained by third parties. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on non-affiliated third-party websites. Our inclusion of a link to a website does not imply any endorsement of the services or the website, its contents, or its sponsoring organization. Your use of any such third-party websites may be subject to other terms and conditions imposed by the third parties maintaining those websites. When you leave the Websites, you agree that We are not responsible for the accuracy or content of the information provided by that website, nor is it liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.
Errors and Delays
You agree that “Top Dog Direct “ is not responsible for any errors or delays in responding to a request or referral form caused by, including but not limited to, an incorrect email address or other information provided by you or other technical problems beyond our reasonable control.
Dispute Resolution, Governing Law, Waivers and Limitations
YOU AGREE THAT ANY DISPUTE BETWEEN YOU AND US, INCLUDING WITHOUT LIMITATION DISPUTES RELATING TO THE WEBSITES, CONTENT OR SERVICES (“DISPUTE”), SHALL BE FINALLY AND EXCLUSIVELY RESOLVED BY BINDING INDIVIDUAL ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS CONSUMER ARBITRATION RULES. DISPUTES WILL BE ARBITRATED AT A HEARING CONDUCTED IN Irvine California; THE ARBITRATOR(S) SHALL HAVE NO AUTHORITY TO DEVIATE FROM THE LAW, AND THE ARBITRATOR(S) SHALL MAKE ALL REASONABLE EFFORTS TO EXPEDITE THE ARBITRATION PROCEEDINGS AND TO LIMIT DISCOVERY. THIS MEANS THAT YOU WILL NOT BE ABLE TO LITIGATE ANY SUCH DISPUTE IN COURT, AND THAT YOU AGREE TO WAIVE YOUR RIGHT TO A JURY TRIAL. YOU AGREE THAT ANY DISPUTE WILL BE GOVERNED BY THE LAWS OF THE STATE OF NORTH CAROLINA WITHOUT REGARD TO ANY CONFLICTS OF LAWS PROVISIONS. IF ANY MATTER PROCEEDS IN COURT, INCLUDING POST-ARBITRATION CONFIRMATION PROCEEDINGS, YOU AGREE TO THE EXCLUSIVE PERSONAL JURISDICTION BY, AND VENUE IN, THE STATE AND FEDERAL COURTS LOCATED IN MECKLENBURG COUNTY, NORTH CAROLINA, AND WAIVE ANY OBJECTION TO SUCH JURISDICTION OR VENUE.
You agree that no arbitration under this agreement shall be joined to an arbitration involving any other party subject to this agreement. Arbitration must be on an individual basis. You may not join or consolidate claims in arbitration or litigate in court or arbitrate any claims as a representative or member of a class or in a private attorney general capacity.
You agree that any dispute or disagreement regarding the enforceability, applicability or interpretation of any provision of this Agreement, including the provisions regarding dispute resolution and arbitration, is a Dispute subject to the arbitration provisions herein and shall be resolved by an arbitrator.
You also agree that any dispute or cause of action arising out of or related to the Websites, Services or Content must be commenced within one year from the later of (1) when the dispute or cause of action accrues or, (2) through the exercise of reasonable diligence you should have known about the accrual of the cause of action. Otherwise, such cause of action is permanently barred.
This Agreement (including all referenced or incorporated policies, agreements and other provisions) constitutes the entire agreement between you and “ “ and supersedes all prior or contemporaneous oral or written agreements or other communications between the parties with respect to the subject matter hereof. If a conflict between the language of this Terms of Use Agreement and the language of any terms incorporated by reference, the latter incorporated terms shall control.
You acknowledge and agree that, in entering into this Agreement, you are not relying on any representation, warranty, statement or promise, express or implied, not explicitly set forth in this Agreement, and you hereby waive any claimed reliance on same. If any provision of this Agreement shall be found to be invalid or unenforceable, you agree such provision shall, to the maximum extent feasible, be modified by to render it enforceable with respect to the Dispute at issue and to reflect to the maximum extent possible the intent of the existing language of the provision when considered in the context of this Agreement as a whole, that such modified provision shall be enforced with respect to the underlying claims in the Dispute at issue, and that such a finding of invalidity or unenforceability shall not affect the validity or enforceability of this Agreement as a whole or of any other provision of this Agreement.
Terms Applicable to All Services
By submitting any Qualification Form containing your electronic signature through a “Top Dog Direct“ Website, and separately for each such request you submit, you are indicating that you desire to be contacted by Providers, and you are providing express written consent that “Top Dog Direct” , a third party on “Top Dog Direct “ behalf, and “Top Dog Direct “ Network Partners with whom you are matched, may deliver calls or text messages to you, including for marketing purposes, using an automatic telephone dialing system or an artificial or prerecorded voice to the phone number you have provided. You understand that you are providing this consent to receive such telephone calls even if your telephone number is currently listed on any federal, state, local, internal, or corporate Do-Not-Call (“DNC”) Lists. You understand that you are not required to consent to receive these communications as a condition of using “Top Dog Direct “ services.
You consent to receive email from “Top Dog Direct” , its affiliates, and its Providers at the email address you provided or at other addresses that may be associated with you that we receive from Providers or other parties. You hereby consent to any such email, so it will not be considered spam or unauthorized by any local, state or federal law or regulation. You agree that the consents described herein shall remain valid and in effect until you revoke them by opting out as described below.
You may opt out of receiving calls from “Top Dog Direct“ at any time by engaging in any of the following reasonable means: (1) emailing “Top Dog Direct “ to expressly state in writing that you no longer wish to be contacted by “Top Dog Direct “ and are revoking your consent to be contacted; (2) notifying a “ Top Dog Direct “ customer service representative that you no longer wish to be contacted by “Top Dog Direct “ and are revoking your consent to be contacted; or (3) Responding to any SMS, mobile, or text message you receive from “Top Dog Direct “ in accordance with the express written instructions of that particular messaging program. At any time, you may update your preferred method of contact by calling ___________. You agree to notify any particular Provider directly if you no longer want to receive communications from them. You further agree that “Top Dog Direct “is not responsible for a Provider’s failure to follow your or our instructions to stop contacting you.
For any Service, by saving your information with “Top Dog Direct “ or submitting a Qualification Form, you represent that all the information you have provided is true, accurate, current and complete. You further acknowledge that you alone will use your account to access the Services. You must not sell, transform or assign your account to anyone else. You agree to keep your login information confidential, to employ reasonable and appropriate safeguards to prevent unauthorized access to your account, and to not share your account credentials with any third party or allow anyone else to log into our Services as you. You are responsible for all activities that occur under your member account. If you believe that your account is no longer secure, you agree to notify us immediately.
When you “submit” information, create an account or otherwise register for Services through our Websites, you understand and agree that you have established a business relationship between you and ““Top Dog Direct “” . Accordingly, “ Top Dog Direct “ may send your information to certain affiliates and third parties as provided in the Privacy Policy and you agree that ““ “” , its affiliates, and persons calling on “ “ behalf may contact you using information you provided with information and offers of services available through “ “ and the Websites. You also give “ “ permission to retain all such provided information and to make live or recorded calls to discuss, provide or remind you of any information regarding your submission, including incomplete Qualification Forms, the identification of matched Providers, deadlines, quality of services or other matters in connection with your Qualification Form. In addition, certain state and federal laws require that the information you provide us is housed and securely maintained and cannot be removed, purged, or destroyed until the expiration of certain prescribed periods. Providers may also from time-to-time be required to share the information you submit to them with “Top Dog Direct “ in order to adhere to applicable laws. Providers and “Top Dog Direct “ may also maintain and share information provided by you and about you by third parties for internal marketing and analytics. You are providing express written consent for the retention of this information upon completion of an inquiry form for “Top Dog Direct “ and the selected Provider to share this information for these purposes.
Ratings & Reviews and User-Generated Content
On certain “Top Dog Direct “ Websites, you may submit user generated content. By submitting any content on these Websites or through any social media channel associated with ““Top Dog Direct “” , you represent and warrant that:
- you are the sole author and owner of the intellectual property rights thereto;
- all “moral rights” that you may have in such content have been voluntarily waived by you;
- all content that you post is accurate;
- you are at least 13 years old; and
- use of the content you supply does not violate this Agreement and will not cause injury to any person or entity.
You further agree and warrant that you shall not submit any content:
- that is known by you to be false, inaccurate or misleading;
- that infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- that violates any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising);
- that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- for which you were compensated or granted any consideration by any third party;
- that includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or
- that contains any computer viruses, worms or other potentially damaging computer programs or files.
You agree to indemnify and hold “Top Dog Direct “ (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys’ fees, arising out of a breach of your representations and warranties set forth above, this Agreement, or your violation of any law or the rights of a third party.
For any content that you submit on the Websites, Facebook, Twitter or any similar ““Top Dog Direct “” -affiliated social media property, you grant “ Top Dog Direct “ a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.
All content that you submit may be used at our sole discretion. We reserve the right to change, condense or delete any content on any website or social media property that we deem, in our sole discretion, to violate the content guidelines or any other provision of these Terms of Use. We do not guarantee that you will have any recourse to edit or delete any content you have submitted. For the ratings and reviews service, ratings and written comments are generally posted within two to four business days. We reserve the right to remove or to refuse to post any submission for any reason. You acknowledge that you, not ““Top Dog Direct “” , are responsible for the contents of your submission. None of the content that you submit shall be subject to any obligation of confidence on the part of us, our agents, subsidiaries, affiliates, partners or third-party service providers and their respective directors, officers and employees.
By submitting content or submitting your email address in connection with your rating and review, you agree that “Top Dog Direct “ and its third-party service providers or the entity being reviewed may use your email address to contact you about the status of your review and other administrative purposes.
- “Top Dog Direct “ reserves the right to change this Agreement in its sole discretion at any time without notice, and you are responsible for regularly reviewing this Agreement. Your continued use of any Widget after the effective date of such changes will constitute acceptance of, and agreement to, any such changes.
