May 14, 2020
AN AGREEMENT BETWEEN YOU AND US
ACCESS AND USE OF THIS WEBSITE
We reserve the right to modify the Site in Our sole discretion without notice. We will not be liable if, for any reason, any part of the Site, or the entire Site, is unavailable for any period of time. Periodically, We may restrict access to portions of the Site, or the entire Site. We may make these modifications at any time and for any reason without prior notice.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance You place on such information is strictly at Your own risk.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to You or any third party, for the content or accuracy of any materials provided by any third parties.
Use for United States
We control and maintain this Website in the United States, and Our Company makes no representation that the information provided on these Site pages is appropriate or available for use in other locations outside of the United States. If You use this Site from other locations, You are responsible for compliance with applicable local laws.
As a condition of use of the Site, You represent and warrant that You shall not use the Site for any purpose that is unlawful or prohibited by this Agreement. You agree to abide by all applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
While using the Website, You further agree:
- Not to falsify any personal information or otherwise create misleading information;
- Not to impersonate or attempt to impersonate the Company, a Company employee, another User or any other person or entity;
- Not to use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
- Not to use any device, software, or routine that would interfere with the proper working of the Site;
- Not to attack the Site via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of Site;
- Not to transmit or upload any material to the Site that contains viruses, trojan horses, worms, time bombs, or any other harmful or deleterious programs;
- Not to use any robot, spider, other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site;
- Not to post or transmit from the Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law;
- Not to post or transmit to the Site any content that infringes or violates the intellectual property right or the right to privacy of any third party;
- Not to use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without Our prior written consent;
- Not to interfere with or disrupt the Site networks or servers;
- Not to attempt to gain unauthorized access to the Site, other accounts, computer systems or networks connected to the Site, through password misuse, mining or any other means;
- Not to use the Site to send unwanted advertising solicitation or spam; and
- Not to interfere with Company or another authorized party's use and enjoyment of the Site.
The Site, including all text, images, designs, graphics, content, source code, object code, data, features, functionality (including but not limited to all information, software, displays, video and audio, and the design, selection and arrangement thereof) are owned by Us (“Website Content”). This Website Content, collectively, is protected by United States copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Without limiting any of Our intellectual property rights asserted in the preceding paragraph, and for purposes of clarity and notice, Our Company has established Trademark protection under the Lanham Act in its brand name (GUNNER®) and associated brand names (listed below), through the use of and federal registration of the following trademarks:
• GUNNER® (Registration No. 4790731)
• GUNNER KENNELS (Registration No. 4790732)
• DESIGNED FOR EVERYWHERE (Registration No. 4871989)
• MAN'S BEST KENNEL (Registration No. 4883029)
• DOG HEAD DESIGN (Registration No. 4790733)
• DOG HEAD DESIGN (Registration No. 4871990)
We also have established Patent protection under U.S. Patent Law in our kennel designs, through federal registration of the following patents:
• U.S. Patent No. D768,941
• U.S. Patent No. D778,510
• U.S. Patent No. 10,334,815
• U.S. Patent No. D760,447
• U.S. Patent No. D778,510
• U.S. Patent No. D833,085
• U.S. Patent No. D778,510
• U.S. Patent No. D874,739
• U.S. Patent No. D778,510
• U.S. Patent No. D874,739
• U.S. Patent No. D822,912
• U.S. Patent No. D833,085
• ANIMAL ENCLOSURE (Patent Pending, WO2015/021053)
Additionally, all of the Website Content is copyrighted material by GUNNER® and is protected by the Copyright Act of 1976. You are not permitted to republish, reproduce, transmit, transfer, prepare derivative versions or works, or otherwise use any Website Material on this Site without Our prior, express, and written permission.
User Restrictions Related to Our Intellectual Property
A User may not: (a) copy, download, publish, distribute, repost, or reproduce any images, graphics, designs, logos, videos, text, or any other Website Content contained on this Site in any form without the prior written consent of Our Company; or (b) remove, delete, efface, alter, obscure, translate, combine, supplement, or otherwise change any trademarks, warranties, disclaimers, or intellectual property rights, proprietary rights, or other symbols, notices, or marks herein.
A User may not: (a) copy, distribute, or reproduce any aspect of our patented products or product designs; (b) modify, correct, adapt, translate, enhance, or otherwise prepare derivative works or improvements of any patented products or product designs featured on this Site; or (c) reverse engineer, disassemble, decompile, decode, or adapt any patented products or product designs featured on this Site.
Taking any action(s) in contravention of the aforementioned prohibited acts shall constitute intellectual property infringement and shall result in a legal response from Our Company.
User Submitted Content and License of Intellectual Property Rights
When You submit comments or other information through this Website, You grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You submit (“Submitted Website Content”). Additionally, when You publish comments through any third-party social media website, and You subsequently and affirmatively grant Us the right to republish those comments on this Site (“Submitted Social Media Content”), you grant Our Company a worldwide, non-exclusive, royalty-free, sub-licensable, and transferable license to use any content that You allow Us to republish. You hereby acknowledge and agree that Submitted Website Content and Submitted Social Media Content may be displayed on Our Site and used in any of Our marketing material(s) by Our Company at Our sole discretion.
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE INTELLECTUAL PROPERTY TERMS AND CONDITIONS, AND YOU AGREE TO BE BOUND BY THESE INTELLECTUAL PROPERTY TERMS AND CONDITIONS.
TERMS RELATED TO PURCHASES, ORDERS, AND OUR RETURN POLICY
A User who purchases a product from this Site must enter a debit or credit card number. A User’s card will be charged before his or her order is completely fulfilled. There might be a delay between the purchase of the product and the receipt of the product, especially on some of our more popular products. We regularly post notices about these products and the possible delay between making a purchase and receiving the purchased product. Most often, these announcements are clearly posted on Site pages and appear before a User completes the purchase transaction, although in unusual cases, We might be unable to pose a product’s backorder status before the User has completed a purchase. In such a situation, We will provide a special notification to the affected User.
Note Regarding Check Payments. Payment by check is allowed by special request only, and it is granted at the sole discretion of Our Company on a case-by-case basis. A product purchased with a check is not considered a purchased product item, and is not prepared for shipping and fulfillment, until the check is received by Us and verified for deposit by Our chosen financial institution.
In the very rare instance where a User receives his or her purchased product and is not satisfied with the product, We will consider refund requests on a case-by-case basis. When We choose to issue a refund, there might be a delay in the time between when We issue the refund and when the debit or credit card processor actually processes the refund. By using this Site, You acknowledge and accept these foregoing purchase terms, including the possibility of the aforementioned delays, which occur in the natural course of business.
DISCLAIMER OF WARRANTIES
THE SITE AND ALL INFORMATION CONTAINED HEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
OUR COMPANY DISCLAIMS ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY AND NONINFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY MAKES NO WARRANTIES WITH REGARD TO THE ACCURACY, RELIABILITY, ACCESSIBILITY, COMPLETENESS, QUALITY, OR TIMELINESS OF ANY INFORMATION SUPPLIED. WE DO NOT WARRANT THAT THE SITE WILL BE OPERATIONAL, SECURE, ERROR-FREE, OR VIRUS FREE.
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 Our Site for any reconstruction of any lost data. 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 WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION OF LIABILITY
IN NO EVENT WILL OUR COMPANY, EMPLOYEES, OR AGENTS 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 WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You shall indemnify, defend and hold Our Company, its employees, and agents harmless from all damages, liabilities, and expenses. This includes all legal costs, attorneys’ fees, court costs, expenses, and settlements resulting from any action or claim, arising out of, connected with, or resulting from any violation of this Agreement by You. This also includes Your use of the Site (including, but not limited to, Your Submitted Website Content or Submitted Social Media Content), along with Your use of the Site’s content, services, and products other than as expressly authorized in this Agreement, or Your use of any information obtained from the Site.
GOVERNING LAW, JURISDICTION
This Agreement shall be construed, governed and enforced under the laws of the United States and the State of Tennessee (without regard to rules governing conflict of laws). You agree that venue for all actions, relating in any manner to this Agreement, shall be in a federal or state court of competent jurisdiction located in Nashville, Tennessee. Each party waives any objection based on forum non conveniens and waives any objection to venue of any action instituted hereunder to the extent that an action is brought in the courts identified above.
If any provision hereof is declared invalid by a court of competent jurisdiction, such provision shall be ineffective only to the extent of such invalidity, so that the remainder of that provision and all remaining provisions of this Agreement will continue in full force and effect.
No waiver by the Company of any term or condition set forth in this Agreement 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 the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.