TERMS AND CONDITIONS OF USE AND SALE
The following terms and conditions and any other related rules that are adopted by Bern Dog Brand and made available as provided herein (collectively the “Terms and Conditions of Sale”) shall apply to all sales of Bern Dog Brand products that you (the “Customer” or “you”) may order from Bern Dog Brand Products, LLC, a limited liability company organized and existing under the laws of California and having its corporate headquarters at 70 South Lake Ave., Suite 1000, Pasadena, CA 91101, (“Bern Dog Brand” or referred to herein as “us”, “our” or “we”) on the Internet via Bern Dog Brand’s Site, identified by the domain name “www.fiberfordogs.com” (the “Site”).
The Terms and Conditions of Sale applicable to any order placed through the Site are those in force at the time you place your order (in the case of an order placed through the Site). When you check the “I Accept” box at the order confirmation section of the Site before placing your order with Bern Dog Brand, you indicate your acceptance of these Conditions of Sale. If you refuse to accept these Terms and Conditions of Sale, you will not be able to order any Bern Dog Brand products from the Site.
Bern Dog Brand may modify the Conditions of Sale from time to time, at its sole discretion. If you are placing an order through the Site, then by checking the “I Accept” box and placing your order, you will be indicating your agreement to be bound by the Terms and Conditions of Sale as so modified through such time.
BY ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF THE SITE OR OTHER SERVICES OR CONTENT (COLLECTIVELY “SERVICES”), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THIS AGREEMENT.
IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT ACCESS OR USE ANY PART OF THE SITE. BERN DOG BRAND RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT BERN DOG BRAND’S DISCRETION. CONTINUED USE OF ANY PART OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.
THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERCEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO WWW.FIBERFORDOGS.COM/TERMS-OF-USE.
2. ACCESS TO THIS SITE.
To access the Site, make purchases, postings or other content, you may be asked to create an account and provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide will be correct, current, and complete. If Bern Dog Brand believes the information you provide is not correct, current, or complete, Bern Dog Brand has the right to deny access to the Site, and to terminate or suspend your access at any time.
The Site is intended for use by individuals 18 years of age or older. You may not use the Site or make purchases under any circumstances if you are less than 18 years old.
3. PRODUCT AVAILABILITY; QUANTITY.
All orders placed through the Site are subject to availability and acceptance by Bern Dog Brand.
Bern Dog Brand reserves the right to change the assortment of items proposed on the Site and may limit from time to time the quantity of Bern Dog Brand products that may be ordered by a Customer in a single buying session.
The Site can provide you with information regarding products that are currently available for sale through those channels. Bern Dog Brand reserves the right to change from time to time the assortment of items offered on its product pages.
4. ACCOUNT REGISTRATION; PERSONAL INFORMATION; GUEST CHECKOUT.
In order to place an order through the Site, you may either register and create an online account on the Site, or place an order as a guest without creating an online account by selecting the “Guest Checkout” option that is only available on the Site. In order to register an online account, you will be required to provide valid and up-to-date personal information, such as your legal name, phone number and e-mail address, and to confirm that you have reached the age of majority.
Upon completion of your account registration on the Site, you will receive by email a one-time password, which will allow you to log in to your account on the Site and create a permanent account login and password. You will also receive a second email summarizing the personal information you provided in registering for your online account. You are responsible for ensuring that your password and account login are kept secret, safe and secure at all times. Bern Dog Brand will not be held responsible or liable for any misuse of your account resulting from a third party’s access to and use of your password and account login.
and we will not use your personal information for any purpose other than in connection with processing your order.
Should any of the information you provide to the Site change, please login to your account and update such information directly on the Site. In the event that Bern Dog Brand reasonably suspects that a third party has breached a customer’s registration, password and/or account login, Bern Dog Brand shall immediately cancel and terminate such account, and notify you by email or telephone.
If you are ordering on the Site, orders will be processed as follows: Once you have chosen a product, click on the “Add to Shopping Bag” button to place this product in your shopping bag. You may then decide to continue shopping for other products and add them to your shopping bag (subject to availability and quantity limits) or proceed to “Checkout” by clicking on this button. You may also remove one or several products you have selected by clicking on “Delete” next to the chosen product in the Shopping Bag. When you have completely reviewed your order, check the box next to “I accept” to indicate your agreement to be bound by these Terms and Conditions of Sale, and then click on the “Confirm and place order” button on the Site to place your order.
Notwithstanding anything to the contrary provided for herein, Bern Dog Brand reserves the right to refuse, cancel and terminate orders at any moment in time. For example, Bern Dog Brand may refuse, terminate or cancel your order if there is an ongoing dispute concerning payment of a prior order or if Bern Dog Brand suspects, in its sole discretion, that you have engaged in fraudulent or grey market activities or have otherwise violated these Terms and Conditions of Sale.
6. PRICES, TAX AND SHIPPING COSTS.
All prices shown on the product pages of the Site are in U.S. Dollars.
Bern Dog Brand reserves the right to modify prices and delivery costs at any time without prior notice. The price of a product and delivery costs displayed on the Site at the time Bern Dog Brand provides you with a Confirmation of Order, will be honored by Bern Dog Brand.
Actual shipping costs and applicable taxes will be reflected on your order page before you are asked to confirm and place your order, and will also appear on your Confirmation of Order. Delivery costs, if any, are described in the shipping policy set forth below. Sales and use taxes will vary based on the location to which products are being shipped. Delivery costs and sales and use taxes are not stated on the product pages but will be added to the product price after you have chosen your delivery options.
The actual sales tax associated with your purchase will be calculated at the time when your order is to be shipped, at which point you will receive a Confirmation of Order. Please note that changes to applicable law between the date your order is placed and the date you are sent a Confirmation of Order may result in changes to the sales tax associated with your purchase. If the resulting change is an increase in the sales tax you are charged, we will contact you and ask that you reconfirm your purchase.
7. REVIEW AND CONFIRMATION.
You should carefully check all details before placing your order through the Site, including without limitation the particulars of each sale.
8. PAYMENT BY CREDIT CARD.
Bern Dog Brand accepts the following credit cards: Visa, MasterCard, American Express, and Discover. Cards issued by banks domiciled outside the United States of America will not be accepted.
When ordering on the Site, you will need to enter your payment details on the appropriate form. All credit/debit card holders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to Bern Dog Brand, you will need to contact your card issuer directly to solve this problem, and Bern Dog Brand will not be liable for any delay or non-delivery.
In order to process your order, we may perform a pre-authorization of your credit card. The amount of your purchase will be blocked on your credit card until your order is shipped to the shipping address you have provided to Bern Dog Brand, at which time you will be sent a Confirmation of Order and your credit card will be charged the applicable purchase price. By submitting an offer to purchase Bern Dog Brand products on the Site, you expressly authorize Bern Dog Brand to perform such credit card pre-authorization and, where Bern Dog Brand deems necessary, to transmit or to obtain information (including any updated information) about you to or from third parties from time to time, including but not limited to your credit-card number, to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize individual purchase transactions.
In order to secure your transaction and prevent fraud, Bern Dog Brand will perform a credit card and anti-fraud check. By placing your order, you will be deemed to have authorized Bern Dog Brand to perform such checks and, where Bern Dog Brand deems necessary, from time to time to transmit or obtain information that you have provided to Bern Dog Brand about you in order to authenticate your identity, to validate your credit card, to obtain an initial credit card authorization and to authorize a particular purchase transaction.
9. ACKNOWLEDGMENT OF ORDER.
Once you have placed your order, you will receive an Acknowledgment of Order by email acknowledging the details of your order. This Acknowledgment of Order will contain an Order Reference Number assigned by Bern Dog Brand. Please make sure that you save this Order Reference Number for any future enquiries regarding your order. This Acknowledgment of Order is not an acceptance of your order. Following the transmission of the Acknowledgment of Order, Bern Dog Brand will conduct its usual security and anti-fraud checks and then process your order.
10. CONFIRMATION OF ORDER.
Upon shipment of your order, following completion by Bern Dog Brand of its anti-fraud and security checks, Bern Dog Brand will send you by email a written Confirmation of Order. The Confirmation of Order constitutes the acceptance of your order by Bern Dog Brand and indicates the existence of a binding sales contract.
11. SHIPPING POLICY.
We only accept orders for delivery to addresses in the continental United States, Alaska, Hawaii and the District of Columbia. Please note that Bern Dog Brand does not ship to PO boxes, APO/FPO addresses or hotels.
Delivery costs will be assessed by Bern Dog Brand and will be added to the price of the Bern Dog Brand products themselves. The cost of delivery shall be calculated according to the purchase value of your order as indicated in these Terms and Conditions of Sale.
When estimating package delivery time, please allow time for credit approval, address verification and order processing. Once the order is processed and ready for shipment, we will send you the Confirmation of Order by email.
If you have specified a recipient who is not you for delivery purposes (for example as a gift) then you understand and accept that evidence of a signature by such recipient (or at that delivery address) is evidence of delivery and fulfillment of the sale contract by Bern Dog Brand and transfer of responsibility to the recipient in the same way as if the product had been delivered to you.
12. RETURN POLICY.
In order to ensure your satisfaction, a Customer may return Bern Dog Brand products in accordance with the return and exchange policy set forth below. Returns of Bern Dog Brand products that are not in compliance with the conditions and timeframes set forth below may be rejected by Bern Dog Brand and will be sent back to the Customer, as the case may be.
12.1. Return Period
Bern Dog Brand allows the Customer to return Bern Dog Brand products purchased on the Site within thirty (30) days following receipt of the Product(s), but subject to the further terms and conditions set forth below.
12.2. Return Process
Products that have been purchased on the Site may be returned to Bern Dog Brand, at the following address: 3570 NW 53rd Court, Fort Lauderdale, FL 33309.
If a Customer wishes to return a product to Bern Dog Brand, he or she must comply with the following steps:
(i) Fill out the required information on the packing or return slip,
(ii) Include the completed return form with the unused product in its original box and delivery package, and
(iii) Bring the package to any United States Postal Office, UPS, or FedEx location or to arrange for shipping. Customer is responsible for all shipping charges for Product returns.
The Customer, as the case may be, must keep a proof of return shipment, and Bern Dog Brand accepts no liability in the event that such proof of delivery to Bern Dog Brand cannot be produced. Only merchandise received by Bern Dog Brand center will be eligible for a refund.
Upon receiving a return, Bern Dog Brand will verify that the returned product satisfies the conditions of the return policy and, if so, then proceed with the applicable refund or exchange.
12.3. Conditions to Return a Product
Bern Dog Brand products must be returned in a new, unused and unopened state, in perfect condition, with all protective materials in place and tags and packing materials attached to them. Bern Dog Brand will not accept any return if the product shows signs that it has been opened, used or altered from its original condition in any way.
All returns will be subject to strict Quality Control (QC) by Bern Dog Brand to ensure that the returned products satisfy these requirements. If the products do not meet QC standards, Bern Dog Brand will refuse the return, and the products will be sent back to the Customer. If the returned product satisfies Quality Control (QC), Bern Dog Brand will proceed with the applicable refund or exchange.
12.4. Refunds and Merchandise Credit
Should a product be returned to the Bern Dog Brand, only a Customer will be entitled to receive a refund. In no event will a gift recipient be entitled to receive a refund.
Except for delivery of a defective product, initial shipping charges will not be refunded to the Customer. Bern Dog Brand will use reasonable efforts to credit the refund to the Customer’s credit card no later than thirty (30) days after receipt of the returned item by Bern Dog Brand.
Customers may be permitted to exchange a product for another Bern Dog Brand product if the product to be exchanged satisfies the conditions of the return policy.
13. NOT HEALTHCARE ADVICE.
This Site is not intended to provide medical advice, diagnosis or treatment for your pet. The products, information, services and other content provided on and through this Site, including information that is directly or indirectly via linking to third-party sites by a healthcare or nutrition professional, are provided for informational purposes only. Please consult with your pet’s physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options. The information provided on this Site and Linked Sites, including information relating to medical and health conditions, products and treatments, is often provided in summary or aggregate form. Again, it is not intended as a substitute for advice from your pet’s Healthcare Professional.
You should not use the information or services on this Site for diagnosis or treatment of any health issue or for prescription of any medication or other treatment. You should always consult with your pet’s Healthcare Professional, and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging, before using any medication or nutritional, herbal or homeopathic product, before starting any diet program or before adopting any treatment for a health problem. Each dog is different, and the way one dog reacts to a particular product may be significantly different from the way other dogs react to such product. You should also consult your pet’s Healthcare Professional regarding any interactions between any medication your pet is currently taking and nutritional supplements. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should read carefully all product packaging prior to use.
14. ACCURACY OF PRICING, PRODUCT DESCRIPTIONS.
WHILE BERN DOG BRAND ENDEAVORS TO VERIFY THE ACCURACY OF ANY INFORMATION IT PLACES ON THE SITE, IT MAKES NO WARRANTIES, WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE ACCURACY, RELIABILITY AND COMPLETENESS OF SUCH INFORMATION. BERN DOG BRAND DOES NOT CONFIRM THE PRICE OF A BERN DOG BRAND PRODUCT UNTIL A CONFIRMATION OF ORDER HAS BEEN ISSUED BY BERN DOG BRAND, INDICATING THE EXISTENCE OF A BINDING SALES CONTRACT. IF A BERN DOG BRAND PRODUCT’S CORRECT PRICE IS HIGHER THAN THE PRICE POSTED ON OUR SITE, THEN BERN DOG BRAND WILL EITHER CONTACT THE CUSTOMER FOR INSTRUCTIONS BEFORE SHIPPING THE ORDER OR CANCEL THE ORDER AND NOTIFY YOU OF SUCH CANCELLATION. WHILE EVERY EFFORT WILL BE MADE TO ENSURE THAT THE DESCRIPTIONS, PHOTOGRAPHS OR GRAPHICAL REPRESENTATIONS OF THE BERN DOG BRAND PRODUCTS DISPLAYED ON THE SITE OR IN A CATALOG ARE AS ACCURATE AS POSSIBLE, BERN DOG BRAND DOES NOT WARRANT THAT SUCH MATERIALS OR OTHER CONTENT IS ERROR-FREE, WHETHER AS A RESULT OF INACCURACY, OMISSION, OBSOLESCENCE OR OTHERWISE. ACCORDINGLY, THE CUSTOMER’S SOLE REMEDY IN THE EVENT OF ANY SUCH ERROR IS TO RETURN THE PRODUCT AS SET FORTH IN OUR RETURN POLICY.
YOUR USE OF THIS SITE AND BERN DOG BRAND PRODUCTS ARE AT YOUR RISK. THE INFORMATION, MATERIALS, PRODUCTS, AND SERVICES PROVIDED ON OR THROUGH THIS SITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER BERN DOG BRAND NOR ANY OF ITS RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS SITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS SITE MAY BE OUT OF DATE, AND NEITHER BERN DOG BRAND NOR ANY OF ITS RESPECTIVE AFFILIATES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEB SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
16. NO CO-BRANDING OR FRAMING.
You may not use or authorize any party to co-brand or frame the Site without the express prior written permission of an authorized representative of Bern Dog Brand. For purposes of these Terms, “co-branding” means to display a name, logo, trademark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute the Site; content accessible within the Site; or content transmitted through the Site. For purposes of these Terms and Conditions of Sale, “framing” refers to displaying any part of the Site within a bordered area of another Site, regardless of whether the address of the Site or the originating Bern Dog Brand posting is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately, upon notice from Bern Dog Brand.
17. NO UNLAWFUL ACCESS.
In addition, you agree that you will not use the Site in any manner that could in any way disable, overburden, damage, or impair the Site or otherwise interfere with any other party’s use and enjoyment of the Site. You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through authorized use of the Site.
18. YOUR INTELLECTUAL PROPERTY.
19. BERN DOG BRAND INTELLECTUAL PROPERTY.
All content and works found on the Site originating from Bern Dog Brand (the “Content”) is considered the copyrighted and trademarked intellectual property of Bern Dog Brand, or of the party that created and/or licensed the Content to Bern Dog Brand. All contents of the Site provided by Bern Dog Brand are: Copyright © 2016 Bern Dog Brand. All rights reserved. No rights or title to any of the works contained on the Site shall be considered transferred or assigned to the User. You agree that you will not copy, distribute, republish, modify, create derivative works from, or otherwise use the Content in any way, without the prior written consent of Bern Dog Brand or the owner of such Content.
Trademarks, service marks, logos, and copyrighted works appearing in the Site are the property of Bern Dog Brand or the party that provided them to Bern Dog Brand. Bern Dog Brand, and any party that provides intellectual property to Bern Dog Brand, retain all rights with respect to any of their respective intellectual property appearing in the Site.
The Site may be hyperlinked to and by other Sites which are not maintained by, or related to, Bern Dog Brand. Hyperlinks to such sites are provided as a service to Users and are not sponsored by, endorsed or otherwise affiliated with the Site or Bern Dog Brand. Bern Dog Brand has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from the Site to another web page should be accessed at the User’s own risk. Bern Dog Brand makes no representations or warranties about the content, completeness, quality or accuracy of any such third party Site.
21. RULES OF BEHAVIOR.
The Site may allow you to post reviews by sending Submissions (collectively, “Communications Services”). You agree to use the Communication Services only to post, upload, display, send and receive Submissions and material that is considered proper and which you own or have received prior permission to use, send or receive. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with the Site, or cause to be posted, sent, submitted, published or transmitted, any Submissions or material that:
(i) you do not have the right to distribute, duplicate, display, upload, send or receive, including any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
(ii) advocates illegal activity, discusses any intent to commit an illegal act or violates any law;
(iii) is vulgar, obscene, pornographic, or indecent;
(iv) threatens or abuses others;
(v) is libelous or defamatory towards others;
(vi) is racist, abusive, harassing, threatening or offensive;
(vii) exploits or harms children by exposing them to inappropriate content;;
(viii) impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
(ix) falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of Content or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
(x) solicits funds, advertisers or sponsors for any purpose;
(xi) includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
(xii) amounts to a pyramid or other like scheme, including contests, chain letters, and surveys;
(xiii) disobeys any policy or regulations including any code of conduct or other guidelines, established from time to time regarding use of this Site or any networks connected to this Site; or
(xiv) contains hyperlinks to other Sites that contain content that falls within the scope of this Section.
You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction and/or dissemination and you are responsible for abiding by such limitations with respect to your Submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Bern Dog Brand nor any third party that provides content to Bern Dog Brand will assume or have any liability for any action made by Bern Dog Brand or such third party with respect to any Submission.
22. DISCLOSURE UNDER LAW.
Bern Dog Brand reserves the right at all times to disclose any information or Content as necessary to satisfy any applicable law, regulation, legal process or governmental request.
23. PERSONALLY IDENTIFIABLE INFORMATION.
24. COPYRIGHT INFRINGEMENT.
If you believe that your work has been copied in a way that constitutes copyright infringement, please email Bern Dog Brand using the “Contact Us” form on the Site at: https://www.fiberfordogs.com/contact/ and provide the written information specified below. Please note that this procedure is exclusively for notifying Bern Dog Brand and its affiliates that your copyrighted material has been infringed. Please include the following:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest:
— A description of the copyrighted work that you claim has been infringed upon;
— A description of where the material that you claim is infringing is located on the Site, including the current Site address;
— Your address, telephone number, and e-mail address;
— A statement by you that you have a good-faith belief that the disputed use is unauthorized by the copyright owner, its agent, or the law;
— A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s). From time to time, Bern Dog Brand may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Bern Dog Brand reserves the right to release your account details to system administrators at other Sites and/or the authorities in order to assist them in resolving security incidents. Bern Dog Brand reserves the right to investigate suspected violations of these Terms and Conditions of Sale. Bern Dog Brand reserves the right to fully cooperate with any law enforcement authorities or court order requesting or direction Bern Dog Brand to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms and Conditions of Sale.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS AND AGREE TO HOLD BERN DOG BRAND HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY BERN DOG BRAND DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER BERN DOG BRAND OR LAW ENFORCEMENT AUTHORITIES.
These Terms will be governed and interpreted pursuant to the laws of California, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in the State of California in connection with any dispute between you and Bern Dog Brand arising out of these Terms or pertaining to the subject matter hereof. The parties to these Terms each agree that the exclusive venue for any dispute between the parties arising out of these Terms will be in a court of competent jurisdiction in Los Angeles County, California.
27. ENTIRE AGREEMENT.
28. NO WAIVER.
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
Effective May 27, 2016