Welcome to this The Bulldog Factory, Inc. Website – www.thebulldogfactory.com, or mobile site (collectively “Website”). Please review the following terms and conditions before using this Website. These terms and conditions, which we may modify at any time our discretion from time to time, apply to all visitors to, or users of, this Website. You should visit this page from time to time to review the then current Terms and Conditions because they are binding on you. Your use of this Website following any such revisions constitutes your agreement to follow and be bound by the terms as revised. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the Website Terms of Use (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version.
General Use
Your use of the Website confirms your acceptance of these terms and conditions and your agreement to be bound by them. If you do not accept these terms and conditions, do not use this Website. In the event of a violation of these terms and conditions, The Bulldog Factory, Inc. reserves the right to seek all remedies available by law and in equity. We reserve the right to limit or terminate your access or use of this Website at any time, for any reason or no reason and without prior notice to you.
Site Content and Ownership
The design of this Website and all of its contents and materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, designs, video, audio, written and other materials that appear as part of this Website (collectively, “Content”) are owned or licensed by The Bulldog Factory, Inc. and are protected by U.S. copyright laws and other U.S. and international laws and treaties.
Limitations on Use
All Content within the Website is provided to you under a limited license and may be used only for your personal (meaning, for the purchase of our merchandise) use. In accessing these web pages, you agree that any downloading of content is for personal, non-commercial reference only. No part of this Website may be reproduced or transmitted in any form or by any means, electronic, mechanical, photocopying, recording or otherwise, without prior written permission of The Bulldog Factory, Inc. Each of the uses of the Website described below is specifically prohibited:
- Using this Website for any illegal, improper or immoral purpose.
- Using this Website in any manner which breaches any law or regulation.
- Using this Website in any manner that causes or which may cause a violation of any third party rights, such as without limitation, a violation of any patent, trademark, copyright, trade secret or right of publicity, privacy rights or other personal or proprietary rights;
- Posting, transmitting or disseminating any information on or via this Website which may be harmful, obscene, defamatory or illegal or subject The Bulldog Factory, Inc. or any employee of The Bulldog Factory, Inc. or entity controlled by The Bulldog Factory, Inc. or employee of any entity controlled by The Bulldog Factory, Inc. to any damages, liability or attorneys’ fees;
- Interfering or attempting to interfere with the operation or functionality of this Website;
- Obtaining or attempting to obtain unauthorized access, via whatever means, to any The Bulldog Factory, Inc. systems or the systems of any entity controlled by The Bulldog Factory, Inc.;
- Distributing, modifying, transmitting, reusing, re-posting, or using the material displayed on the Website, including but not limited to, the text, images, audio and video for public or commercial purposes without the prior written consent of The Bulldog Factory, Inc.; Using the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law;
- Using the Website in a manner that seeks to harm or exploit children under the age of 13 by exposing them to inappropriate content, asking for personally identifiable details or otherwise; or
- Reverse engineering, hacking decompiling or disassembling the Website or any software or source or object code.
The Bulldog Factory, Inc. reserves the right to revoke the limited license at any time for any or no reason.
User Comments, Feedback, and Other Submissions
All comments, feedback, suggestions, ideas, and other communications (collectively, ‘Communications’) that you submit or offer to The Bulldog Factory, Inc. are and shall remain property of The Bulldog Factory, Inc. The Bulldog Factory, Inc. may use any information contained in any Communication for any lawful purpose whatsoever, but shall only use personally identifiable information as permitted by the Website’s Privacy Policy.
Trademarks
THE BULLDOG FACTORY is a trademark of The Bulldog Factory, Inc.. Any unauthorized use in any manner of this trademark or any other intellectual property, including without limitation trade names, trademarks, logos and trade dress (collectively ‘Trademarks & Trade Dress’) is strictly prohibited. These Terms of Use do not grant you any license to use any of the Trademarks or Trade Dress.
Errors, Inaccuracies, and Omissions
We make every effort to provide accurate information, on the Website, including but not limited to information about price, descriptions, or availability. While we regularly monitor the Website to validate and correct any errors, inaccuracies, or omissions we make no guarantees that they information is accurate. Your usage of the Website is an acknowledgement of the fact that information contained on the Website is not completely accurate. You hold The Bulldog Factory, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to any errors, inaccuracies or omissions on the Website.
Colors
We have made every effort to display as accurately as possible the colors of our products that appear at the Sites. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Disclaimer
This Website and all of its content are provided to our customers and prospective customers “as is” and without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of intellectual property. You acknowledge, by your use of the Website, that your use is at your sole risk, and you assume full responsibility for any costs associated with your use of the sites. The Bulldog Factory, Inc. shall not be liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Website The Bulldog Factory, Inc. disclaims all, liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access to and use of the Website, any information contained on the Website, your or your company’s personal information or material and information transmitted over our system .
Indemnification
You agree to defend, indemnify and hold The Bulldog Factory, Inc. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website and/or your breach of any representation, warranty, or other provision of the Agreement.
Jurisdiction
This Agreement shall be construed in accordance with the laws of the State of Florida, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and/or federal courts of the State of Florida in the Miami-Dade County. The waiver of any provision of the Agreement shall not be considered a waiver of any other provision or of The Bulldog Factory’s right to require strict observance of each of the terms herein. If any provision of the Agreement is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. This Agreement constitutes the entire agreement between us relating to your use of the Website.
Entire Agreement
These Terms and the other legal documents posted on the Website (the “Website Agreements”) constitute the sole record of the agreement between you and The Bulldog Factory, Inc in relation to your use of the Website. Neither you nor The Bulldog Factory, Inc. shall be bound by any express, tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated the Website Agreements supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and The Bulldog Factory, Inc.
Conflict
Where any conflict or contradiction appears between the provisions of these Terms of Use and any other relevant terms and conditions, policies or notices set forth in any of the other Website Agreements, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the Website shall prevail in respect of your use of the relevant section or module of the Website.
Waiver
No indulgence or extension of time which either you or The Bulldog Factory, Inc. may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
Assignment
The Bulldog Factory, Inc. may assign, convey or transfer all or any of its rights and obligations in terms of any Terms of Use to any third party.
Severability
All provisions of these Terms of Use are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
Comments or Questions
If you have any questions, comments or concerns arising from the Website Agreements or the way in which we are handling your personal information please contact us at contactus@thebulldogfactory.com.
Miscellaneous
Any software from this Website is further subject to United States Export Controls. No software from this Website may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (ii) to anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using any software on or in connection with this Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
Updated: November, 2014.