This Terms of Service ("Agreement") is a legally binding contract between Bag of Doge LLC ("Bag of Doge") and you ("Customer," "you" or "your") that shall govern the purchase and use, in any manner, of the services provided by Bag of Doge to Customer (collectively, the "Services").
By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in Quebec, Canada
If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Bag of Doge and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Bag of Doge to cancel your Services.
1. Ownership and Services Purchased
1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased ("Service Description Page") based on their description on the Service Description Page as of the Effective Date, as defined below. Bag of Doge may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Bag of Doge as set out on the Service Description Page, are referred to as the "Services."
1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.
2. Term of Agreement
2.1. This Agreement becomes effective immediately when Customer clicks "Go" or "Pay instantly with credit card" ("Effective Date") and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Bag of Doge, or by the posting by Bag of Doge of a revised version.
2.2. The term of this Agreement is set to the Customer's billing term ("Term"). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
3. Obeying the Law
3.1. Bag of Doge is registered and located within Canada and as such, we are required to comply with the laws and official policies of Canada, regardless of where the Services are provided. In addition, Bag of Doge will comply with appropriate laws and official policies set forth by Quebec.
4. Refund Policy and Billing Disputes
4.1. Bag of Doge does not offer any refunds.
5. Chargebacks, Reversals, and Retrievals
5.1. If Bag of Doge receives a chargeback or payment dispute from a credit card company, bank, or PayPal your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to Bag of Doge by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Bag of Doge's billing team to address any billing issues.
5.2. If Bag of Doge appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Bag of Doge by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.
6. Cancellation of Services
6.1. Either party may terminate this Agreement by providing notice to the other as provided herein.
6.2. You may cancel Service(s) with Bag of Doge by submitting a cancellation request in writing by logging into Bag of Doge's account center located at https://bagofdoge.com/clientarea.php. In the event that you are unable to login to your billing account with Bag of Doge, please contact our billing department via email and we will assist you. However, Bag of Doge prefers that cancellations are submitted through the account center to reduce the likelihood of error and ensure the security of your account. Cancellations are not final until confirmed by a representative of Bag of Doge in writing by email.
6.3. Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
6.4. If you pay Bag of Doge via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Bag of Doge (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
When upgrading or downgrading package(s), you are responsible for canceling any previous package(s). To cancel previous package(s), you must submit a written cancellation request as described in Section 6.2 above.
6.6. Bag of Doge may terminate this Agreement at any time by providing notice to Customers via email. Should Bag of Doge terminate this Agreement for any reason other than a material breach, or violation of Bag of Doge's Acceptable Use Policy, any prepaid fees shall be refunded.
6.7. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
7. Refusal of Service
7.1. Bag of Doge reserves the right to refuse service to anyone at any time.
7.2. Similarly, Bag of Doge reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Bag of Doge is not responsible for any damages or loss of data resulting from such suspension or termination.
7.3. If any manner of communication with Bag of Doge's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
7.4. Bag of Doge happily accepts orders from outside Canada, but may limit accounts from certain countries with a high fraud rate. To help protect Bag of Doge and its customers from fraud, Bag of Doge may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
7.5. Due to the Canadian law, Bag of Doge cannot accept any orders originating from countries that Canada has established an embargo on or otherwise prohibited trade with. By becoming a customer, you represent and warrant that: (i) you are not located in a country that is subject to a Canadian embargo, or that has been designated by the Canadian Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
8. Service Modifications
8.1. Bag of Doge reserves the right to add, modify, or remove any or all features from any service Bag of Doge provides, at any time, with or without notice. These changes can be made for any or no reason and Bag of Doge does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term "materially" means that a reasonable business person would not have purchased the Services for the purposes used by you.
9.1. Your Warranties to Bag of Doge
9.1.1. You represent and warrant to Bag of Doge that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide Bag of Doge with material that may be implemented by it to provide the Services without extra effort on Bag of Doge's part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
9.1.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to Bag of Doge, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
9.2. Bag of Doge's Warranties
9.2.1. YOU EXPRESSLY AGREE THAT USE OF Bag of Doge'S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, Bag of Doge HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER Bag of Doge, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT Bag of Doge'S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH Bag of Doge'S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. Bag of Doge SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY Bag of Doge. NO WARRANTIES MADE BY THESE THIRD PARTIES TO Bag of Doge SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
9.2.2. THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM Bag of Doge, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
9.2.3. SOME STATES DO NOT ALLOW Bag of Doge TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
9.3. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.
10. Limitation of Liability
10.1. YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.
10.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Bag of Doge, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH Bag of Doge, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO Bag of Doge RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF Bag of Doge HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, Bag of Doge'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
11.1. You agree to indemnify, defend and hold harmless Bag of Doge, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and collectively, "indemnified parties") from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of Bag of Doge's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by Bag of Doge.
12. Governing Law and Disputes
12.1. This agreement shall be governed by the laws of Quebec, exclusive of its choice of law principles, and the laws of Canada, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Montreal,Quebec and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.
13. Partial Invalidity
13.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Bag of Doge and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.
14. Changes to the Terms of Service
14.1. Bag of Doge reserves the right to modify this Agreement, in whole or in part, from time-to-time. Bag of Doge will provide you with notices of such a change by posting notice on your control panel. Unless Bag of Doge is required to make a change in an emergency, any change will be effective thirty (15) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.
15.1. This Agreement may be assigned by Bag of Doge. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
16. Force Majeure
16.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.
17. No Waiver
17.1. No waiver of rights under this Agreement or any Bag of Doge policy, or agreement between Customer and Bag of Doge shall constitute a subsequent waiver of this or any other right under this Agreement.
18. No Agency
18.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.
19. HIPAA Disclaimer
19.1. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. Bag of Doge does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that Bag of Doge is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support.