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.
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.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of TopDawg or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. TopDawg content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of TopDawg and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of TopDawg or our licensors except as expressly authorized by these Terms.
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.
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 Supplier.
Some Suppliers have MAP requirements for the resale of their products. If a Supplier 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 the Start-Up and Growth plans. 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.
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|
|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.
All retail accounts require a valid resale certificate to be on file with TopDawg in order to purchase products. TopDawg requires retailers to provide us with a valid resale certificate for the state in which the business is registered. This requirement is in place to validate that the retailer is sales tax exempt and thus exempt from sales tax for products purchased through TopDawg's platform.
Retailer agrees to hold a valid seller’s permit issued pursuant to the sales and use tax law; that the retailer is in the business of selling a variety of products, and that the tangible personal property listed on TopDawg’s website which the retailer purchases, "will be resold by the retailer in the form of tangible personal property; PROVIDED, however that in the event any of such property is used for any other purpose other than retention, demonstration, or display while holding it for sale in the regular course of business, it is understood that the retailer is required by the sales and use tax law to report and pay for the tax, measured by the purchase price of such property.
Retailer shall indemnify and hold harmless TopDawg from and against any and all claims arising from retailer’s tax liability as a reseller, or from the representation of the retailer with respect to the retailer’s authority and certification to act as a reseller and to purchase products with a tax exempt status. Retailer shall also indemnify and hold harmless TopDawg from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against TopDawg by reason of any such claim, retailer upon notice from TopDawg shall defend the same at retailer’s expense by counsel satisfactory to TopDawg.
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.
TopDawg sources products from multiple suppliers and suppliers 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.
All products listed on the TopDawg platform must pertain to at least one of the following departments: Home & Garden, Pets, Fashion Accessories, Electronics, Health & Beauty, Kids, Babies, Toys, Sports & Outdoors, Automotive & Marine, Seasonal & Parties and Farm & Ranch. Products that are not directly associated with these departments cannot be listed unless otherwise approved by TopDawg in writing. TopDawg reserves the right to modify product departments 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.
SUPPLIER AUTHORIZATION TO SELL THEIR PRODUCTS
Supplier authorizes TopDawg, and their network of retailers, to act as their agent to promote, tender, sell, exhibit and hold responsibility for all the after-sale services on behalf of the supplier worldwide.
This certification will continue to be valid for as long as the supplier is using TopDawg’s platform (website) to promote the sale of their products through TopDawg’s network of online retailers.
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.
Package weight and shipping dimensions are to be provided by the supplier to TopDawg for each product. TopDawg relies on those dimensions to provide accurately priced shipping labels. If the dimensions provided by the supplier are inaccurate and result in unexpected shipping fees from the carrier then those costs will be at the expense of the Supplier.
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.
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.
PAYOUTS TO SUPPLIERS
TopDawg uses Stripe to make payouts to Suppliers. The Stripe Recipient Agreement applies to your receipt of such Payouts. To receive payouts from TopDawg, you must provide TopDawg accurate and complete information about you and your business, and you authorize TopDawg to share it and transaction information related to your payout with Stripe.
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.
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.
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.
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.
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.
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.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
topdawg.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of TopDawg and TopDawg is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. TopDawg is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by TopDawg of the site or any association with its operators.
Certain services made available via topdawg.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the topdawg.com domain, you hereby acknowledge and consent that TopDawg may share such information and data with any third party with whom TopDawg has a contractual relationship to provide the requested product, service or functionality on behalf of topdawg.com users and customers.
THIRD PARTY ACCOUNTS
You will be able to connect your TopDawg account to third party accounts. By connecting your TopDawg account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by TopDawg from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the TopDawg Content accessed through topdawg.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless TopDawg, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. TopDawg reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with TopDawg in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TOPDAWG AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
TOPDAWG AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TOPDAWG AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TopDawg reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and TopDawg as a result of this agreement or use of the Site. TopDawg's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of TopDawg's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by TopDawg with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and TopDawg with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and TopDawg with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
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.
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.
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.
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