Terms of Use
Last modified: May 19, 2023
1. Introduction
Welcome to the Three Dog Bakery® website (the “Three Dog Bakery Site”), owned and operated by Three Dog Brands LLC (“Three Dog Bakery”, “we, “us” or “our” or words of similar import). We are the original 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 are your gateways to our Three Dog Bakery experience.
The Three Dog Bakery Site is designed to introduce dog lovers to our broad portfolio of drool-worthy packaged treats. The Three Dog Bakery Site is not designed to sell our products directly to the consumer (“you”, “your”, “consumer(s)”, “users”, or words of similar import). Consequently, you do not need to register for a user account or provide any information to us in order to access and use the Three Dog Bakery Site. However, your use of the Three Dog Bakery Site is subject to your compliance at all times with these Terms of Use, as they may be amended or otherwise updated from time to time (“Terms”).
The Three Dog Bakery Site is made 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.
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 , govern your access to and use of the Three Dog Bakery Site and are legally binding. Please read these Term carefully before you start to use the Three Dog Bakery Site in order to understand the rules we have in place for all users. Please 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, you are indicating that you have read and that you understand and agree to be bound by these Terms (including our Privacy Policy).
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 to the Three Dog Bakery Site 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 15 (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. Please review these Terms frequently and check the date at the top, so you are aware of any changes, as they are binding on you. If you disagree with any of the changes to these Terms, you must stop accessing and using the Three Dog Bakery Site.
4. 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.
5. GENERAL USER OBLIGATIONS
All users of the Three Dog Bakery Site must comply with the following:
You agree that you will: (a) procure and maintain your own equipment and Internet access services as necessary for you to access and use of the Three Dog Bakery Site; and (b) comply with all applicable laws, statutes, ordinances, rules and regulations when using the Three Dog Bakery Site.
You agree that you will not: (a) not make any representation or warranty to any third party on behalf of Three Dog Bakery; (b) engage in any activity that constitutes or encourages a violation of any applicable law or regulation; (c) infringe our intellectual property rights or use the Site Content (as hereinafter defined) in violation of Section 7 or infringe the rights of any third party through use of the Three Dog Bakery Site; (d) license, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Three Dog Bakery Site or Site Content, or display any Site Content on any social media without the express written consent of Three Dog Bakery; or (e) modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Three Dog Bakery Site .
6. PERMISSIBLE USES OF THREE DOG BAKERY SITE
You may use the Three Dog Bakery Site for your personal purposes only which include information gathering, and the right to review, download, print, and share Site Content with other individuals, provided, that you may not download, copy, display, make derivative works from, or resell any Site Content in bulk. Downloads, prints, and distributed copies must be on a small scale, and limited basis only, and never for commercial purposes or profit.
7. INTELLECTUAL PROPERTY RIGHTS
The Three Dog Bakery Site contains valuable trademarks and service marks owned and used by Three Dog Bakery, including the name 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 displayed on or through the Three Dog Bakery Site (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.
8. USER CONTENT
The Three Dog Bakery Site does not have any interactive features and you will not have the ability to upload your own content to the Three Dog Bakery Site. The Three Dog Bakery Site is provided to you for informational purposes and convenience only. If you decide to contact us with any ideas, feedback, communications, or suggestions (collectively, “Feedback”), we will treat that Feedback as non-confidential and non-proprietary, and we will have the right to use that Feedback in any manner we deem fit and proper. 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 Feedback that you consider to be confidential or proprietary.
9. LINKS AND THIRD PARTY CONTENT
The Three Dog Bakery Site may contain links that take you to sites owned and operated by third party, and the links and those third party sites may contain or display information and resources provided by third parties, including advertisements, including banner advertisements, information, materials, and sponsored links (collectively, “Third Party Content”). The links and the Third Party Content are provided for your convenience only. We have no control over the websites or Third Party Content contained thereon and accept no responsibility, liability, or 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, the terms of any privacy notice on such third party website will apply. Your use of a link to a third party website and/or any Third Party Content is entirely at your own risk and subject to the terms and conditions of use for such websites or the content provider.
10. DISCLAIMER OF WARRANTIES
You understand that we cannot and do not guarantee or warrant that any information or materials displayed on the Three Dog Bakery Site which are available for download 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 AND THE SITE CONTENT IS AT YOUR OWN RISK. THE THREE DOG BAKERY SITE AND THE SITE CONTENT 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 OR THE SITE CONTENT 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 SITE CONTENT WILL 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.
11. 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 OF OUR OWN SITE CONTENT OR ANY THIRD PARTY CONTENT, 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.
12. 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 any Site Content, links, or Third Party Content.
13. TERMINATION
Three Dog Bakery may immediately terminate a user’s access to the Three Dog Bakery Site at any time for reasonable cause. Your cessation of use of the Three Dog Bakery Site does not release you from liability to us which at the time of termination has already occurred or which thereafter may occur in respect of any act or omission prior to your cessation of use. The following provisions of these Terms survive: Sections 4, 5, 7, 10, 11, 13, 14, 15, and 17.
14. NOTICE
Three Dog Bakery may deliver notice to you under these Terms by a general notice on the Site. You may give notice to Three Dog Bakery at any time via electronic mail at threedog@threedog.com.
15. 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.
16. 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.
17. MISCELLANEOUS
These Terms, and your rights and obligations herein are personal to each user and may not be assigned, subcontracted, delegated, or otherwise transferred 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 Brands, LLC
1656 Washington Street, Suite 150
Kansas City, MO 64180
Thank you for visiting the Three Dog Bakery Site.