Terms of service

Overview

This website is operated by Fifth & Madison Group, Inc., doing business as DOGISTRY (“DOGISTRY,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us,” and “our” refer to DOGISTRY. DOGISTRY offers this website, including all information, tools, products, and services available through this site, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein and/or available by hyperlink.

These Terms of Service apply to all users of the site, including without limitation users who are browsers, customers, vendors, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all of the terms and conditions contained in these Terms, you may not access the website or use the Service.

Any new features, products, services, or tools added to the store will also be subject to these Terms of Service.

You can review the most current version of these Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our website. It is your responsibility to review this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted by Shopify Inc., which provides the e-commerce platform that allows us to sell our products and services to you.

DOGISTRY may participate in affiliate advertising programs, including the Amazon Services LLC Associates Program, that may provide a means for us to earn fees by linking to affiliated websites or products.

Online Store Terms

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province, or jurisdiction of residence, or that you are the age of majority and have given us your consent to allow any minor dependents under your supervision to use this site.

You may not use our products, website, or Service for any illegal or unauthorized purpose, nor may you violate any laws applicable in your jurisdiction, including copyright, trademark, or other intellectual property laws.

You must not transmit worms, viruses, malware, or any code of a destructive nature.

A breach or violation of these Terms may result in immediate termination of your access to the Service.

General Conditions

We reserve the right to refuse service to anyone for any lawful reason at any time.

You understand that your content, excluding payment information, may be transferred over various networks and may undergo changes necessary to conform and adapt to technical requirements of connecting networks or devices. Payment information is encrypted during transfer over networks in accordance with the requirements of our payment processors.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, access to the Service, or contact through the website without our express written permission.

The headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Accuracy, Completeness and Timeliness of Information

We are not responsible if information made available through this site is inaccurate, incomplete, or not current.

The materials on this site are provided for general informational purposes and should not be relied upon as the sole basis for making decisions without consulting more complete, accurate, current, or primary sources of information when appropriate.

Any reliance on material on this site is at your own risk.

This site may contain historical information that is not current and is provided for reference purposes only.

We reserve the right to modify the contents of this site at any time, but we are under no obligation to update any information except as required by law.

Modifications to the Service and Prices

Prices for our products are subject to change without notice.

We reserve the right at any time to modify, suspend, or discontinue the Service, or any part or content thereof, without notice.

To the fullest extent permitted by law, we will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Service.

Products or Services

Certain products or services may be available exclusively online through our website. These products or services may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.

We make reasonable efforts to display the colors, images, dimensions, and other characteristics of our products as accurately as possible. However, we cannot guarantee that the display of any color or other product characteristic on your computer, phone, tablet, or other device will be accurate.

We reserve the right, but are not obligated, to limit the sale of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit quantities of products or services we offer.

All product descriptions, availability, and pricing are subject to change at any time without notice and at our sole discretion.

We reserve the right to discontinue any product at any time.

Any offer for any product or Service made on this site is void where prohibited.

Unless otherwise expressly stated, we do not warrant that products, services, information, or other materials purchased or obtained from us will meet every individual expectation or requirement.

Accuracy of Billing and Account Information

We reserve the right to refuse any order placed with us.

In our sole discretion, we may limit or cancel quantities purchased per person, household, customer account, billing address, shipping address, payment method, or order.

We reserve the right to limit or prohibit orders that, in our judgment, appear to be placed by unauthorized dealers, resellers, distributors, or other parties purchasing for resale.

If we change or cancel an order, we may attempt to notify you using the email address, billing address, telephone number, or other contact information provided at the time the order was placed.

You agree to provide current, complete, and accurate purchase and account information for purchases made through our store.

You agree to promptly update your account and other information, including your email address and payment information, so that we can complete transactions and contact you as necessary.

For additional information regarding returns or exchanges, please review our Return Policy.

Optional Tools

We may provide you with access to third-party tools over which we do not monitor and have no control or input.

You acknowledge and agree that access to such tools may be provided “as is” and “as available” without warranties, representations, or conditions of any kind and without endorsement.

To the fullest extent permitted by law, DOGISTRY will have no liability arising from or relating to your use of optional third-party tools.

Your use of optional tools offered through the site is entirely at your own risk and discretion. You are responsible for reviewing and approving the terms under which those third-party tools are provided.

We may also offer new services, products, features, tools, or resources through the website in the future. Such offerings will also be subject to these Terms of Service unless otherwise stated.

Third-Party Links

Certain content, products, and services available through our Service may include materials or links from third parties.

Third-party links on this site may direct you to websites that are not affiliated with DOGISTRY.

We are not responsible for examining or evaluating the content, accuracy, availability, security, products, services, policies, or practices of third-party websites.

To the fullest extent permitted by law, we will not have liability or responsibility for third-party websites, materials, products, or services.

We are not liable for harm or damages related to purchases, use of goods or services, resources, content, or transactions made in connection with third-party websites.

Please review third-party policies and practices carefully before engaging in transactions with them.

Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the applicable third party.

User Comments, Feedback and Other Submissions

If you send us contest entries, creative ideas, suggestions, proposals, plans, reviews, comments, photographs, videos, testimonials, or other materials, whether at our request or voluntarily, by online submission, email, postal mail, social media, or otherwise, you agree that, subject to applicable law, we may use such submissions as permitted by these Terms.

Unless otherwise expressly agreed in writing, we are under no obligation to:

maintain submissions in confidence;
compensate you for submissions; or
respond to submissions.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, obscene, infringing, objectionable, or otherwise violates these Terms or the rights of another party.

You agree that your comments or submissions will not violate any rights of a third party, including copyright, trademark, privacy, publicity, personality, or other personal or proprietary rights.

You further agree that submissions will not contain unlawful, abusive, defamatory, obscene, or malicious material or any virus or malware that could affect the operation of the Service, the website, or other systems.

You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any submission.

You are solely responsible for the content and accuracy of your submissions. To the fullest extent permitted by law, we assume no responsibility or liability for comments or content posted by you or any third party.

Personal Information

Your submission of personal information through the store and our collection, use, and disclosure of personal information are governed by our Privacy Policy.

Please review our Privacy Policy for additional information regarding our data practices.

Errors, Inaccuracies and Omissions

Occasionally, information on our site or through the Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, specifications, pricing, promotions, offers, shipping charges, transit times, inventory, availability, or other information.

We reserve the right to correct errors, inaccuracies, or omissions and to change or update information or cancel orders if information in the Service or on any related website is inaccurate, including after an order has been submitted, subject to applicable law.

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.

No specified update or refresh date should be taken to indicate that all information on the Service has been modified or updated.

Prohibited Uses

In addition to other prohibitions contained in these Terms, you are prohibited from using the site, Service, or its content:

(a) for any unlawful purpose;

(b) to solicit others to perform or participate in unlawful acts;

(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;

(e) to harass, abuse, threaten, intimidate, defame, discriminate against, or harm another person;

(f) to submit false, fraudulent, deceptive, or misleading information;

(g) to upload or transmit viruses, malware, malicious code, or other material that may affect the functionality or operation of the Service, related websites, other websites, or the Internet;

(h) to improperly collect, track, harvest, or use personal information of others;

(i) to spam, phish, pharm, pretext, spider, crawl, scrape, or engage in similar activities except as expressly permitted by us or applicable law;

(j) for obscene or unlawful purposes;

(k) to interfere with or circumvent security features of the Service, related websites, other websites, or the Internet; or

(l) to engage in conduct that could damage DOGISTRY, its customers, its systems, or its reputation through unlawful or fraudulent activity.

We reserve the right to terminate your use of the Service or any related website for violating prohibited uses.

Disclaimer of Warranties; Limitation of Liability

To the fullest extent permitted by applicable law, we do not guarantee, represent, or warrant that your use of the Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that results obtained through the Service will always be accurate or reliable.

You agree that from time to time we may remove the Service for indefinite periods or cancel or discontinue all or part of the Service without notice, subject to applicable law.

Your use of, or inability to use, the Service is at your own risk.

Except as expressly stated by DOGISTRY or required by applicable law, the Service and products and services delivered through the Service are provided “as is” and “as available,” without representations, warranties, or conditions of any kind, either express or implied, including implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

To the fullest extent permitted by applicable law, Fifth & Madison Group, Inc., doing business as DOGISTRY, and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers, and licensors will not be liable for any injury, loss, claim, or direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind, including lost profits, lost revenue, lost savings, loss of data, loss of business opportunity, replacement costs, or similar damages arising from your use of the Service or products purchased through the Service.

This limitation applies whether a claim is based in contract, tort, including negligence, strict liability, or otherwise, even if advised of the possibility of such damages.

Because some jurisdictions do not permit certain exclusions or limitations of liability, in those jurisdictions our liability will be limited to the maximum extent permitted by applicable law.

Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited.

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Fifth & Madison Group, Inc., doing business as DOGISTRY, together with its parent companies, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, employees, and representatives, from any claim or demand, including reasonable attorneys’ fees, arising out of or relating to:

your breach of these Terms of Service or documents incorporated into them by reference;
your violation of applicable law;
your violation of the rights of a third party; or
your misuse of the website or Service.

Severability

If any provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision will nevertheless be enforceable to the fullest extent permitted by applicable law.

The unenforceable portion will be deemed severed from these Terms, and the determination will not affect the validity and enforceability of the remaining provisions.

Termination

Obligations and liabilities incurred by the parties before termination will survive termination to the extent necessary to give those obligations and liabilities effect.

These Terms of Service remain effective unless and until terminated by either you or us.

You may terminate your agreement with us at any time by notifying us that you no longer wish to use the Service or by ceasing use of our site.

If, in our sole judgment, you fail, or we reasonably suspect that you have failed, to comply with any term or provision of these Terms, we may terminate or suspend your access to the Service without notice, subject to applicable law.

You will remain liable for all amounts due through the date of termination.

Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of that right or provision.

These Terms of Service, together with any policies or operating rules posted by us on this site or relating to the Service, constitute the entire agreement and understanding between you and us regarding your use of the Service and supersede prior or contemporaneous agreements, communications, and proposals regarding the Service, whether oral or written, including prior versions of these Terms.

Any ambiguities in the interpretation of these Terms will not automatically be construed against the drafting party.

Governing Law

These Terms of Service and any separate agreements through which we provide Services will be governed by and construed in accordance with the laws of the State of New York and applicable federal laws of the United States, without regard to conflict-of-law principles.

You agree that, subject to applicable consumer protection laws, any dispute arising from or relating to these Terms or the Service will be subject to the jurisdiction of courts of competent jurisdiction located in the State of New York.

Changes to Terms of Service

You can review the most current version of these Terms of Service at any time on this page.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website.

It is your responsibility to periodically review our website for changes.

Your continued use of or access to our website or the Service after changes to these Terms are posted constitutes acceptance of those changes to the extent permitted by applicable law.

Contact Information

Questions regarding these Terms of Service may be sent to:

DOGISTRY
Fifth & Madison Group, Inc.
Email: hello@dogistry.com
Website: dogistry.com