1. ACCEPTABLE USE AND PRIVACY POLICIES

This Web site is a service offered by Gothic Dog, Inc. (“Gothic Dog” or “we”). Your use of it is governed by these TERMS AND CONDITIONS regardless of whether you are a visitor to this Website (“site”) or a customer of Gothic Dog.

At Gothic Dog we are committed to making e-commerce secure and efficient for all. In order to protect our site, system, visitors, and customers from internet users who are acting for malicious or unauthorized purposes, we have adopted two layers of privacy policies. For our customers, and for prospective customers who request information or price quotes, we abide by the Privacy Policies found here.

Our other layer of privacy policies is as follows: if we have reason to believe that a website visitor is acting for malicious or unauthorized purposes, we reserve the right to use and disclose all information that we obtain from any source to investigate the visitor’s actions and purposes. We trust that our customers and applicants understand and appreciate the way in which this allows us to minimize the risk of identity theft and other problems that occasionally occur in connection with internet use.

2. YOUR CONSENT

By using our site, you consent to the collection and use of this information in the manner we describe. Utilization of this website is undertaken at your own risk and constitutes a voluntary agreement that your access and use hereof are subject to these TERMS AND CONDITIONS, all or any of which may change at any time without notice.

3. COPYRIGHT NOTICE

All web site design, text, graphics, logos, button icons, images are owned by Gothic Dog, Inc., and ALL RIGHTS ARE RESERVED. Further, the arrangement, collection and assembly of all content on this web site is the exclusive property of Gothic Dog, Inc. and is also protected by U.S. and International copyright laws.

4. TRADEMARK NOTICE

The trademarks, logos and service marks (collectively the "Trademarks") which you see on this site are registered and unregistered trademarks of Gothic Dog, Inc. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on this site without the written permission of Gothic Dog, Inc. Your misuse of any trademark displayed on the site, or any other content on the site, except as provided herein, is strictly prohibited.

5. USE

Gothic Dog, Inc. grants permission to electronically copy and print in hard copy portions of its site for the sole purpose of placing an order with Gothic Dog, Inc. and/or using this site as a shopping reference. Any other use of this site including, but not restricted to, reproduction for purposes other than those permitted above, distribution, republishing, transmission, modification, display or performance without the prior written consent of Gothic Dog, Inc. is strictly prohibited and will be cause for prosecution to the fullest extent of the law.

6. LIABILITY DISCLAIMER

The eating of bales, spacer rings (aka jump rings) and other component parts of the charms, the charms themselves and other Gothic Dog products, or any portion of any item, including, but not limited to, apparel and jewelry, may cause harm to your pet. Gothic Dog, Inc. will not be held responsible for any damage, destruction or health issues caused to your pet as a result of this.

Gothic Dog, Inc. is not liable for any damages of any kind arising out of or in connection with the use of this site or product offerings. This is a comprehensive limitation of liability that applies to all damages of any kind, including, but not limited to, direct, indirect, incidental, punitive or consequential damages, loss of data, income or profit, loss of or damage to property and claims of third parties.

7. RETURN POLICY

Gothic Dog, Inc. does not accept returns unless there is a defect in the product. Barring such defect, all sales are final and items non-returnable. In the event of defect, the product must be returned in its original packaging with all accompanying materials, at the sender’s expense.

8. INDEMNITY

You agree to indemnify, defend and hold Gothic Dog, Inc., and its affiliates, and their respective officers, directors, owners, agents, information providers and licensors (collectively, the "Gothic Dog Parties") harmless from and against any and all claims, liability, losses, costs and expenses (including attorneys' fees) incurred by any Gothic Dog Party in connection with any use or alleged use of the site under your password by any person, whether or not authorized by you. Gothic Dog, Inc. reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Gothic Dog’s defense of such claim.

9. TERMINATION OF ACCESS RIGHTS

Gothic Dog, Inc. reserves the right, in its sole discretion, to restrict, suspend or terminate your access to all or any part of the site at any time for any reason without prior notice or liability. Gothic Dog, Inc. may change, suspend or discontinue all or any aspect of the site at any time, including the availability of any feature, database, or content without prior notice or liability.

10. NOTICES/ELECTRONIC COMMUNICATIONS

When you visit our site or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. 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.

11. DISCLAIMER AND LIMITATION OF LIABILITY

USE OF THIS SITE IS PROVIDED “AS IS, WHERE IS,” WITHOUT WARRANTY OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF TITLE, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE FOR DAMAGES TO YOU OR YOUR AGENTS OR EMPLOYEES FOR ANY DEFICIENCY, ERROR OR INTERRUPTION IN THE SERVICE OR ANY ORDER OF ANY KIND. YOUR SOLE REMEDY IN THE EVENT OF ANY DEFICIENCY, ERROR OR INTERRUPTION SHALL BE TO REQUEST THAT WE CORRECT THE MATTER OR, IF WE FAIL TO DO SO, TO DISCONTINUE USE OF THE SITE AT YOUR OPTION.

Our site will occasionally experience outages during which you or other users will not be able to login, view or operate our site. We do not warrant that this site, its servers, or e-mail are free of viruses or other harmful components. We will not be liable for any damages of any kind arising from the use or unavailability of this site.

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, EQUIPMENT, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF WE, OUR AFFILIATES, OR OUR OR THEIR AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.

12. MODIFICATION OF THESE TERMS AND CONDITIONS

We reserve the right to change the terms, conditions, and notices under which this site is offered, and you agree to accept and be bound by those terms, conditions, and notices that are in effect at the time of your use of this site.

13. RELATIONSHIP OF THE PARTIES

You agree that no joint venture, partnership, employee-employer, franchisor-franchisee, or agency relationship exists between you and us as a result of these TERMS AND CONDITIONS or use of this site.

14. ENTIRE AGREEMENT

These TERMS AND CONDITIONS (and any other terms and conditions referenced herein) constitutes the entire agreement between you and us with respect to this site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to this site. A printed version of these TERMS AND CONDITIONS and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these TERMS AND CONDITIONS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Headings are for reference purposes only and do not limit the scope or extent of such section.

Our performance of these TERMS AND CONDITIONS is subject to existing laws and legal process, and nothing contained herein is in derogation of our right to comply with law enforcement requests or requirements relating to your use of this site or information provided to or gathered by us with respect to such use.

Our failure to exercise or enforce any right hereunder, with respect to a breach by you or your designated agents, shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement thereof or of any other right on any other occasion. Any rights not expressly granted herein are reserved.

15. SEVERABILITY

If any part of these TERMS AND CONDITIONS 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 this Agreement shall continue in effect.

16. APPLICABLE LAW, JURISDICTION, AND ARBITRATION

These TERMS AND CONDITIONS are governed by the laws of the State of California, U.S.A. You hereby consent to the exclusive jurisdiction and venue of the state or federal courts in Orange County, California, in all disputes arising out of or relating to the use of this site to the extent that any aspect or matter need be interpreted, conformed, or adjudicated upon.

You at your option or we at our option may refer any dispute relating in any way to your use of this site, or charges incurred, or equipment, products or services you ordered, purchased or received through this site to confidential arbitration in Orange County in the State of California. In such case, arbitration shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.