TERMS OF USE

INTRODUCTION

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least 18 years of age to use this website. By using this website and by agreeing to these terms and conditions you warrant and represent that you are at least 18 years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to our TopDawg’s use of cookies in accordance with the terms of TopDawg’s privacy policy.

TOPDAWG LICENSE TO USE WEBSITE

Unless otherwise stated, TopDawg and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages or if you are an authorized representative of TopDawg, you may print relevant subject matter to your orders and online business, which includes tax and order forms, from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You may not:

  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • republish material from this website (including republication on another website) excluding product photos and descriptions for the purpose of resale;
  • show any material from the website in public;
  • edit or otherwise modify any material on the website; or
  • redistribute material from this website, except for content specifically and expressly made available for redistribution.

Where content is specifically made available for redistribution, it may only be redistributed for the purpose and intent of resale.

ACCEPTABLE USE

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without TopDawg’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to sales and marketing without TopDawg’s express written consent.

RESTRICTED ACCESS

Access to certain areas of this website is restricted. TopDawg reserves the right to restrict access to the portals and other areas of this website, or if applicable, this entire website at TopDawg’s discretion.

If TopDawg provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. TopDawg may disable your user ID and password in TopDawg’s sole discretion without notice or explanation.

RESELLERS / RETAILERS

RETAIL SALES CHANNEL RESTRICTIONS

TopDawg maintains the right to restrict any (or all) items listed in their catalog from purchase. TopDawg maintains the right to designate (or restrict) retail sales channels at any given time for any (or all) products listed in the TopDawg product catalog. Retail channels that may be restricted include but are not limited to Amazon, eBay, Wal-Mart, etc.

Failure to comply with any of these restrictions in any way may lead to account suspension, fully prohibiting you from access to TopDawg’s website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website, court proceedings being brought against you, or any other action TopDawg deems appropriate.


MAP PRICING REQUIREMENTS AND ENFORCEMENT

TopDawg maintains the right to enforce the Minimum Advertised Pricing (MAP) Policy on any (or all) products in the catalog as required by the Manufacturer.

Some Manufacturers have MAP requirements for the resale of their products. If a Manufacturer has a MAP Policy in place, those products will be identified on our product data feed and the MAP price will be listed.

MAP Policy refers to the price at which a product is listed or advertised for retail sale, not the price at which MAP products are actually sold. MAP Policy applies to all advertisements of MAP products that are viewable by consumers whether provided digitally, via the internet, traditional media such as print, outdoor, radio or television, or by other means. Website features such as “click for price”, “call for price”, “contact/email for price”, automatic “bounce back” pricing emails, automatic price display for any items prior to being placed in a customer’s shopping cart and other similar features are acceptable and considered to be advertising under MAP Policy. Advertising that in any way suggests or implies a price lower than the MAP, such as a visible strikeout of a price or text such as “price too low to show” are prohibited and will be considered a violation of MAP Policy. Free shipping, sales tax rebates, loyalty programs or the like offered in combination with a MAP product that is otherwise advertised in accordance with MAP Policy is acceptable and is not considered a violation of MAP Policy.

TopDawg may monitor the advertised prices of any product either directly or via the use of third-party agencies. If TopDawg determines that a retailer is in violation of MAP Policy, the retailer will be issued notice of violation and have 7 days to become compliant with MAP Policy. Failure to comply with MAP Policy after a violation notice has been issued may lead to account suspension and removal of retailer’s access to all TopDawg product feeds for up to 30 days. Repeated MAP Policy violations may result in the permanent termination of a retailer’s TopDawg account, blocking the retailer’s IP address from accessing TopDawg’s website, or legal remedies deemed appropriate by law.

TopDawg reserves the right, in its sole discretion, to terminate (or not terminate) any retailer’s TopDawg account(s) for MAP Policy violation.


30-DAY FREE TRIAL

TopDawg offers a 30-day risk free trial for all Membership levels. There are no fees for the first 30 days and you can cancel at any time during the 30-day trial period with no cancelation fee.

Please note: Product purchases, as well as any applicable taxes and shipping costs, are not included in the 30-day free trial and must be paid for at the time of purchase.


MEMBERSHIP PLANS

All accounts require a monthly membership fee to remain active after the free trial period. All active accounts require a valid credit card to remain on file for product purchases and membership fee billing. Your monthly cost is determined based on the Membership Plan you chose when you signed up with TopDawg. Fees are charged monthly on the day of the month in which you originally signed up (your anniversary day). All plans can be upgraded or downgraded at any time.

If you choose to upgrade your plan prior to your monthly anniversary day, your new Membership Plan will be effective immediately. The initial cost of your upgraded plan will be charged to your credit card at the time of upgrading. The amount will be pro-rated based on the number of days until your anniversary day and discounted by the number of days remaining in your current billing cycle.

  PRO-RATED / CREDIT EXAMPLE:
  Pro-rated cost of new plan:
  You upgrade to the $25 plan, with 15 days remaining until your anniversary day
  The pro-rated cost of the upgraded plan would be $12.50
 
  Credited (discount) amount:
  Your current plan is $10
  You have a credit of $5 for the remaining 15 days to your anniversary day
  The $5 credit from your previous plan is automatically applied to your upgrade
 
 Pro-rated cost+ 12.50
 Previous plan credit  5.00
 Initial upgrade cost=  7.50

The full cost of your new plan will be charged on your next anniversary day.

If you choose to downgrade your plan prior to your monthly anniversary day, your new Membership Plan will not be effective until the end of the current month cycle. There are no pro-rated refunds for downgraded accounts.


CANCELLATION POLICY

TopDawg allows you to cancel your account at any time. If you wish to cancel, simply log in to your account and click on ‘Account Settings’ from the top right corner of the navigation bar. Then under ‘Account Information’ there will be a ‘Cancel Account’ tab. Click ‘Cancel Account’ and follow the simple instructions.


RETURN POLICY

TopDawg sources products from multiple suppliers and manufacturers around the world. Product return policies are determined by each supplier independently. Each supplier provides TopDawg with their individual return policy, which is outlined in our master product catalog.

Products can only be returned within 30 days of delivery, unless otherwise stated in the individual supplier’s policy, and with written approval from TopDawg. To initiate a product return, you must first contact TopDawg for an RMA #. Any attempt to return products without an RMA # will be refused. If the items are eligible for return, the RMA# will be provided along with the return address. A 15% restocking fee will be imposed upon each returned item. All costs associated with product returns (restocking fees, return shipping, etc.) are the responsibility of the customer. Once returns have been received and processed by TopDawg, a credit for items returned will be issued to the retailers drop ship account with TopDawg which will be applied to future product orders.

MANUFACTURERS / SUPPLIERS / DISTRIBUTORS

LISTING PRODUCTS

All products listed on the TopDawg platform must pertain to at least one of the following categories: Pets, Home & Garden, Farm & Ranch. Products that are not directly associated with these categories cannot be listed unless otherwise approved by TopDawg in writing. TopDawg reserves the right to modify product categories and/or individual products at any time.

All products sold through the TopDawg platform must be brand new. Used, opened, or refurbished merchandise cannot be sold or shipped on the TopDawg platform.

It is the Supplier’s responsibility to keep their product catalog current and inventory quantities updated.


PACKING & SHIPPING GUIDELINES
TopDawg provides the shipping label and the packing slip for every order. Only the materials provided by TopDawg can be included with each shipment. No additional materials can be included with any outbound order aside from the product(s) ordered, packing slip, and packing materials such as bubble wrap, peanuts, or packing paper in order to prevent damage. Items that cannot be added include but are not limited to, marketing materials, product inserts or promotional items.

All materials associated with shipping orders (boxes, tape, packing materials, etc.) and the procurement and costs associated with “shipping supplies” are the sole responsibility of the Supplier. New boxes and/or envelopes are required for all shipments. Repack boxes or boxes containing any name, brand or logo are not acceptable.

All orders are expected to be shipped within 48 hours (2 business days). Orders that remain unshipped after that time may result in cancellation. TopDawg reserves the right to pause or terminate any Supplier account for not adhering to packing and/or shipping guidelines.


UNSHIPPED ORDERS

Suppliers must confirm inventory is available and able to ship within 2 business days, prior to accepting a new order and generating a shipping label. If for any reason an order does not ship after it has been accepted and a label has been generated, the Supplier will be responsible for the shipping cost associated with that order.

ADDITIONAL TERMS OF USE

USER CONTENT

In these terms and conditions, "user content" means your material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to TopDawg a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to TopDawg the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or TopDawg or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

TopDawg reserves the right to edit or remove any material submitted to this website, stored on TopDawg’s servers, or hosted or published upon this website. Confidential data prepared, created or contributed to TopDawg shall likewise be and remain the confidential property of TopDawg, free from any legal or equitable title of authorized representative of TopDawg. TopDawg will perform all acts necessary or advantageous to preserve and defend the full right, title, possession, enjoyment, use, practice, exploitation, licensing and assignment of or other realization upon receiving of confidential data.

Notwithstanding TopDawg’s rights under these terms and conditions in relation to user content, TopDawg does not undertake to monitor the submission of such content to, or the publication of such content on, this website.


NO WARRANTIES

This website is provided "as is" without any representations or warranties, express or implied. TopDawg makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, TopDawg does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.


LIMITATIONS OF LIABILITY

TopDawg will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, use of, or otherwise in connection with, this website:

  • for any indirect, special or consequential loss; or
  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if TopDawg has been expressly advised of the potential loss.


EXCEPTIONS

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit TopDawg’s liability in respect of any:

  • death or personal injury caused by TopDawg’s negligence;
  • fraud or fraudulent misrepresentation on the part of TopDawg; or
  • matter which it would be illegal or unlawful for TopDawg to exclude or limit, or to attempt or purport to exclude or limit, its liability.


REASONABLENESS

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, do not use this website.


OTHER PARTIES

You accept that, as a limited liability entity, TopDawg has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against TopDawg’s officers, consultants or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect TopDawg’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as TopDawg.

UNENFORCEABLE PROVISIONS

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.


INDEMNITY

You hereby indemnify TopDawg and undertake to keep TopDawg indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by TopDawg to a third party in settlement of a claim or dispute on the advice of TopDawg’s legal advisers incurred or suffered by TopDawg arising out of any breach by you of any provision of these terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions.

BREACHES OF THESE TERMS AND CONDITIONS

Without prejudice to TopDawg’s other rights under these terms and conditions, if you breach these terms and conditions in any way, TopDawg may take such action as TopDawg deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.


VARIATION

TopDawg may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.


ASSIGNMENT

TopDawg may transfer, sub-contract or otherwise deal with TopDawg’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.


SEVERABILITY

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.


ENTIRE AGREEMENT

These terms and conditions constitute the entire agreement between you and TopDawg in relation to your use of this website and supersede all previous agreements in respect of your use of this website.


LAW AND JURISDICTION

These terms and conditions will be governed by and construed in accordance with FLORIDA and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of BROWARD COUNTY, FLORIDA.


REGISTRATIONS AND AUTHORIZATIONS

TopDawg is a registered corporation in Fort Lauderdale, Florida


Top Dawg Pet Supply, Inc
6365 NW 6th Way, Suite 220, Fort Lauderdale, FL 33309
support@topdawg.com