Terms & Conditions
Last updated: January 30, 2018
THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH WAGGLES, INC. ("WAGGLES"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.
Last updated: January 30,2018
CHANGES TO THIS POLICY
WHAT INFORMATION WE COLLECT
Information you give us. We collect and maintain information that you may provide to us such as when you enter information on our site or provide information to us in any manner, whether via chat, e-mail and/or telephone or other means. This information may include your name, residential and/or business address, shipping address, billing address, credit card information, telephone number(s), email address and other information you choose to provide. For example, when you set up your account and/or make online purchases, you will be asked to provide information necessary to facilitate the transaction; when you enter our contests, sweepstakes or other promotions, you may be asked for information necessary to fulfill the promotion; when you post comments or other content on our site (e.g., Product reviews, Q&A forum), anything you post will be available to us as well as visitors to our site; when you post information about us on social networking sites, we may collect such information; when you contact our customer service representatives, we collect additional information you choose to provide our representatives. We also collect information about your pet(s), including but not limited to name, breed, gender, birthdate, veterinary information and photos.
Information automatically collected. We, along with our third party service providers, may automatically collect information about you. This information includes, and is not limited to, browser information, operating system information, device IP, device information, IP address and the date, time, length of stay, geolocation, IP address, referring website, specific pages accessed and other actions you take on our site.
Information Collected Through Social Media Services. You may be able to access the site through third-party social media platforms (such as Facebook) (each, a "Social Media Service"). If you log on to site through a Social Media Service, you give us permission to access, store and use any information that you permit the applicable Social Media Service to share with us in accordance with your privacy settings with the applicable Social Media Service.
We may also place tags and other data collection mechanisms on the site from Social Media Services through which they can collect information about the usage of our site and their services across multiple devices (such as your smartphone and your computer) for use by both us and such Social Media Service. For example, they can analyze if a user who saw an ad on their smartphone later makes a purchase on the site through their computer.
If you access the site through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device's location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Data may be collected on this site in order to deliver you targeted advertising on other websites and services. Such data may be collected directly by third parties, and we may share additional information with such third parties in order to improve these targeted advertising campaigns. Waggles observes the Self-Regulatory Principles for Online Behavioral Advertising set forth by the Digital Advertising Alliance ("DAA") (www.aboutads.info). Therefore, you may always opt-out of our targeted advertising by visiting the DAA consumer opt-out page at www.aboutads.info/choices. Opting out will not mean that you will no longer receive Waggles ads, rather, it just means that those ads will not be targeted to you based upon data collected from you on this site.
HOW WE USE YOUR INFORMATION
- fulfill and manage purchases, orders, payments, and returns;
- validate pet prescriptions;
- send you promotional marketing materials or marketing messages about products or services that we believe may be of interest to you;
- match it with other public and private data sources in order to enhance our records, such as appending additional information to your profile, or engaging in advertising;
- place ads on third party websites relating to our products and services that may be of interest to you;
- administer sweepstakes and contests;
- notify you of any products you have purchased that are subject to recall;
- customize, analyze, adjust and improve our site to meet your needs;
- prevent fraud and other prohibited or illegal activities; and
- comply with potential requests of law enforcement agencies
If you complete a product review or other feedback or provide any image of your pet(s), we may use your submission for commercial purposes to promote our products and/or services.
WHAT INFORMATION WE DISCLOSE
Third-Party Service Providers. We may disclose the information collected about you to our third party contractors and partners in connection with their performing services or other activities in support of the site and/or our businesses, or their completing or confirming on our behalf a transaction or series of transactions that you conduct with us. Examples include third parties which may fulfill orders, deliver packages, send postal mail and/or e-mail, analyze data, provide marketing research and assistance, process credit card payments, and provide customer service. These contractors and partners are restricted from using information that identifies you (excluding any information that is aggregated or otherwise reasonably de-identified) in any way other than to provide services for Waggles.
Prescription Verification. We may disclose your information to certain third parties, such as product suppliers and veterinary offices, in order to validate prescriptions for certain products purchased on the site.
PROTECTION OF PERSONAL INFORMATION
We have instituted reasonable safeguards to help ensure that information collected is secure. We also take reasonable steps to ensure that third parties who work with us to make the site (including the software, applications and services provided on the site) available to you agree to protect personal information that they must access in order to serve you and to honor your preferences about contacts you wish you/to receive. Please understand, however, that it is possible for third parties to access information despite our efforts. For this reason, we do not guarantee that your use of the site and/or information provided by you will be private or secure. By using our services, you assume this risk.
INFORMATION FROM CHILDREN
This site is not directed at children and we have no intention of collecting information from young people. If we become aware that information from a child under 13 has been collected without the consent of such child's parent or guardian, we will use all reasonable efforts to delete such information.
THIRD PARTY WEBSITES
As a convenience to our visitors, this site may contain links to a number of websites that we believe offer useful information. The policies and procedures we describe here do not apply to those websites. We suggest contacting those websites directly for information on their privacy policies. Waggles is not responsible for the privacy practices of third parties, regardless of whether they are linked or otherwise connected to our site.
DO NOT TRACK SIGNALS
Our site does not support "Do Not Track" preferences that may be available in your browser to inform websites that you do not want them collecting certain types of information. If you activate the Do Not Track setting in your browser, our site is not capable of satisfying the preference you set.
If you wish to opt-out of any marketing communications or make corrections to information on your account, please access your account and change your preferences on the "Your Account" and "Profile and Password" pages or contact us directly at hello@Waggles.com. Please note that removal of user information from our database or "opting-out" will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. Following receipt of a request from you, we will take reasonable steps to delete your information. In addition, you may opt-out of certain targeted advertising as described above in the "Interest-based Advertising" section. To opt-out of data collection by the Social Media Services, you should review that provider’s privacy practices.
If you establish an account, you may receive certain types of communications even if you have not opted-in to receive them because these types of communications may be necessary in order to maintain an account on the site.
HOW TO UPDATE INFORMATION
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties' direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, you may make one request each year by sending a request to hello@Waggles.com.
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as "Products" herein) from the Site), you must register for an account with Waggles ("Waggles Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your Waggles Account login information. You are fully responsible for all activities that are associated with your Waggles Account (including but not limited to any purchases, use of the Site, or correspondence from your account to Waggles). You agree to immediately notify Waggles of any unauthorized use or suspected unauthorized use of your Waggles Account or any other breach of security. When you provide Waggles with such notice, Waggles will suspend or otherwise secure your Account to prevent future unauthorized activity.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. Waggles reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and Waggles reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Waggles reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at Waggles sole discretion.
Risk of Loss
All items purchased from Waggles are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
Waggles attempts to be as accurate as possible. However, Waggles does not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by Waggles is not as described, your sole remedy is to return the product.
"List Price" or “MSRP” means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers. Waggles cannot confirm the price of an item until your submit an order.
If you use Autoship, the price of an item will set at the time the order is processed. See Autoship Terms and Conditions for more information. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation.
Permissible Uses of Site
Subject to the terms of this Agreement, Waggles grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Waggles may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, it's products or its content without the express written consent of Waggles; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Waggles express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Waggles express written consent.
Waggles reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Waggles will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Intellectual Property Rights
The Site contains valuable trademarks and service marks owned and used by Waggles, including but not limited to, Waggles, the Waggles design logo, the tag line "silly name serious quality" and certain brands including Smack. Any use of the Waggles Marks without the prior written permission of Waggles is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the Waggles Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the "Site Content"), are the sole and exclusive property of Waggles.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
Waggles uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.
"User Content" of the Site user means any and all information and content that such user submits to Waggles by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by Waggles. Because you alone are responsible for your User Content (and not Waggles), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Waggles is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Waggles may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Waggles an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Waggles social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
Waggles will treat any feedback, communications, or suggestions you provide to Waggles as non-confidential and non-proprietary. Thus, in the absence of a written agreement with Waggles to the contrary, you agree that you will not submit to Waggles any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, in our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your Waggles Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Waggles Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of Waggles and Waggles is not responsible for any Third Party Sites. Waggles provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Waggles will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
Waggles intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided 'AS IS' and "AS AVAILABLE". You expressly agree that your use of the Site and any information contained therein is at your sole risk. Accordingly, to the extent permitted by applicable law, Waggles EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL WAGGLES, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH WAGGLES, YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH WAGGLES OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID WAGGLES IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold Waggles, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Waggles reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Waggles. Waggles will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOU AND WAGGLES AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Waggles will provide such notice by e-mail to your e-mail address on file with Waggles and you must provide such notice by e-mail to hello@Waggles.com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Waggles and you agree that any Covered Dispute hereunder will be submitted to arbitration on an individual basis only. Neither Waggles nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if Waggles makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to Waggles. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Waggles Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your Waggles Account and right to access and use the Site will terminate immediately. You understand that any termination of your Waggles Account may involve deletion of any User Content you may have posted. Waggles will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your Waggles Account or deletion of your User Content.
Respect for Copyright Law
Waggles respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Waggles Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
your physical or electronic signature;
identification of the copyrighted work(s) that you claim to have been infringed;
identification of the material on our services that you claim is infringing and that you request us to remove;
sufficient information to permit us to locate such material;
your address, telephone number, and e-mail address;
a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to Waggles Copyright Agent by mail or email as set forth below:
Waggles Copyright Agent
We reserve the right to make changes to our Site, this Agreement and other service terms, such as the Subscribe & Save Terms & Conditions. If any terms of this Agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Waggles prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assigners.