Thank you for visiting the website for Paws-Cause, LLC, doing business as Paws For A Cause (“Paws For A Cause” or “us”). Welcome to our Terms of Service. This Terms of Service agreement lays out the terms for your use of our website (the “Website”). Please also read our Privacy Policy, which is part of this Terms of Service, and along with it creates a legal agreement between us and you relating to your use of our Website.

If you visit or use the Website, you agree to the terms in the Terms of Service and the Privacy Policy. If you don’t agree to the terms in these documents, you do not have permission to visit or use the Website and must not do so.

Please keep in mind that we may need to revise the Terms of Service and the Privacy Policy from time to time. If you use the Website after any revisions are made, you agree to those changes. This Terms of Service was last modified October 5, 2022.

1). Website Use

We created this Website as part of our mission to celebrate and improve the lives of pooches. The Website is a way for us to raise funds to provide financial support for organizations helping dogs in need, to promote information about dogs needing homes and to sell dog-related products manufactured in the USA.

Our Website is intended to provide an honest and respectful forum. Any harassment towards users or our employees is strictly forbidden. The use of vulgar or abusive language is not permitted. If your mother wouldn’t approve of your behavior on our Website, neither do we.

By registering as a user you agree that your identity is valid, and you are not providing incomplete or inaccurate information. Any impersonations or intentionally false submissions relating to your identity or user account is not allowed. You are responsible for any use of your account or the Website by anyone using your account password, email address, or other personal identifier. If for some reason, you think that your user account has been compromised, please contact us immediately. 

You also agree that you will not (1) try to get the source or object code, source files or structure of our Website or its content by reverse engineering, disassembly, decompilation or any other means; (2) attempt to access the accounts of others, or attempt to penetrate security measures of our systems or our affiliates or contractors ("hacking"); or (3) transmit to us or other users of our Website any unauthorized or unsolicited advertising, junk or bulk e-mail, or any other form of unauthorized or unsolicited transmission.

2). Shipping and Delivery

Orders placed on our website generally are shipped via USPS or UPS. The rate for each shipment is determined based on the shipping method selected and the packaging costs of the order. If an order is placed before noon EST, it will usually ship the next business day. If an order is placed after noon EST, it will usually ship within two business days. At this time, we do not ship internationally or to P.O. Boxes. 

3). Return Policy

Customer satisfaction is our number one priority - other than helping dogs. If you're not completely happy with our products, we want to know about it. Below is our return and exchange policy.

We'll accept any returns or exchanges of unused items within 30 days of your purchase. Whether you got the wrong size or color, or simply changed your mind, we'll take the item back as long as it’s unused. To get started fill out this form.

4). Trademarks & Copyrights

All of the content on the Website (that means the text, photos, logos, videos, graphics, sound, code, and even the arrangement of that content), excluding third party information, is the property of Paws For A Cause and is protected by our intellectual property rights. Please also note that the trademark PAWS-FOR-A-CAUSE is our trademark.

You are permitted to view and download any of our Website content for your own personal (non-commercial) use. Any reproduction, distribution, or display of the Website's content is prohibited, unless specifically authorized by Paws For A Cause. Any proprietary materials legally accessed or downloaded from the Website cannot be changed or manipulated in any way. We do grant you permission to link to our Website, but we may revoke that right at any time for any reason. 

If you believe in good faith that your copyrighted work has been copied on our Website without authorization in a way that would be copyright infringement, you may notify our designated copyright agent by postal mail or email at the following address: Edward Fenno, Esquire, Fenno Law Firm, LLC, 171 Church Street, Suite 160, Charleston, South Carolina 29401 email: efenno@fennolaw.com. Please only use this contact information for copyright issues. We’ll give you the contact information for other matters where needed.

5). Prohibition on Use / Enforcement of Terms

We may at any time, for any reason, prohibit your further use in whole or in part of our Website. We may also take any action that we deem necessary to enforce this Terms of Service and/or our Privacy Policy, and to protect against unlawful or improper use of our Website. You hereby expressly agree to waive any and all claims you may have (now or later) against us for any failure by us to enforce our Terms of Service and/or Privacy Policy, whether against you or a third party. Our failure to act in a particular circumstance does not waive our rights to act in that circumstance or in other circumstances.

6). Submission of Content

By submitting any content (photos, text, communications, comments on our website, etc.) to us or to the Website, you give us a perpetual, non-exclusive, worldwide, royalty-free, irrevocable, fully and freely assignable and sub-licensable license to any rights you have in the content. This means we have permission to use it in whatever way we choose. You further agree that Paws For A Cause has the right to use your name and likeness in connection with our publication, display, modification, distribution or other use of such content. Paws For A Cause is also free to use any ideas, techniques, inventions, concepts, know-how, or other information that you provide to us or the Website (whether directly or through our third party service providers) for any purpose whatsoever without compensation or remuneration.

 Except as provided in our Privacy Policy, we may treat any submission and/or communication between you and us as non-confidential and non-proprietary. In particular, emails, photos and other content submitted to us or the Website will not be considered confidential.

 You agree not to submit any content that: (a) infringes on any third-party intellectual property, publicity, privacy, moral (droit moral) or other legal rights; (b) violates any applicable law or regulation; (c) is defamatory, threatening, harassing, obscene, harmful to minors, or child pornographic; (d) is false or misleading; (e) promotes physical or emotional harm in any way; (f) contains any viruses, Trojan horses, worms or other harmful components (including, but not limited to, computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information); (g) is commercial in nature, other than as specifically solicited by this Site; (h) constitutes unsolicited junk or bulk email (“spam”); or (i) is tortious or criminal. You warrant and guarantee that you own all intellectual property, proprietary, privacy, publicity, moral (droit moral) and other rights to any content that you submit. You further agree to defend, indemnify, and hold us harmless against: (a) any and all claims to the rights to content that you provide to us and (b) any and all claims that someone’s rights were violated by our display, copying, transmission, reliance upon, sale or other lawful use of the content that you provide to us.

You agree that Paws For A Cause has no responsibility to monitor, review, edit, remove or control any content or other information that you or others submit to us and/or the Website. You further agree that Paws For A Cause may, in its sole discretion, modify, remove or refuse to accept any content for any reason. We may also decline to modify or remove content that you submitted, despite your request. In addition, please be aware that we may not be able to modify or remove certain content, including without limitation content that has been distributed to or relied on by third parties.

You agree to release us (including without limitation our officers, directors, employees, members, affiliates, successor, assigns, contractors, agents and attorneys) from any liability arising from any claims related to our lawful use or non-use of any content provided by you or someone else.

7). Third Parties

We disclaim all responsibility for the actions or inactions of any advertisers, contractors, subcontractors, Website developers, Website hosts, licensors, licensees or other third parties that may contract with us or may otherwise provide information, content or services to our Website (or linked to our Website). We do not endorse, recommend or take any responsibility for any content submitted to the Website by any advertiser, service provider, vendor or other third-party, even if we display such content.

You agree that if you have an issue with any third party, your only course of action will be against them and not us. You further agree that you will abide by any terms of service or privacy policies (if any) that may apply to their materials. In the event of a conflict between any such terms of service or privacy policies and our Terms of Service and Privacy Policy, our document applies.

Our Website may contain links to third party websites. We have not reviewed all of those websites and have no control over how they operate. We are not responsible for their content, and our Terms of Service does not apply to them. Before disclosing any information to a linked third party site, be sure to read through their privacy policy and terms of service. If you view or use any of those websites, you do so at your own risk.

8). Payment Processing

Website does not process payments for orders. Instead, we use the third-party payment gateways Authorize.net and Cyber Source. We do not hold any credit card information on our database. All payment information that you submit is held on the third-party payment gateway’s server. Therefore that third-party is responsible for maintaining the security of your credit card information.

9). Parental Control Provisions

Pursuant to 47 U.S.C. § 230(d), as amended, we notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at Get Net Wise, www.getnetwise.org.

10). Disclaimer of Warranties and Limitations of Liability

YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. OUR WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Paws For A Cause is not liable for any consequences or damages resulting from the use of the Website or your inability to use or access it.

WE (including for the purposes of this section, Paws For A Cause and its officers, directors, employees, shareholders, members, agents, affiliated companies, successors, assigns, third party contractors, attorneys, and any other party involved in creating, producing or delivering this Website or any of the content, products or services available on or through this Website) HEREBY DISCLAIM ALL EXPRESS AND/OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE RELATING TO THE PRODUCTS SOLD ON THIS WEBSITE.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO AND DISCLAIM ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (i) AS TO THE OPERATION OF THE WEBSITE, AND/OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR AVAILABLE THROUGH THE WEBSITE; (ii) THAT THE WEBSITE OR ANY RELATED SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; (iii) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT OR SERVICE PROVIDED ON OR THROUGH THE WEBSITE; (iv) THAT THE CONTENT OF THE WEBSITE DOES NOT INFRINGE ON THE RIGHTS OF YOU OR THIRD PARTIES; AND/OR (v) THAT THE WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM OR ON BEHALF OF PAWS FOR A CAUSE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

UNDER NO CIRCUMSTANCES SHALL PAWS FOR A CAUSE BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (OTHER THAN DIRECT DAMAGES) THAT RESULT FROM THE CONTENT OF, USE OF, OR INABILITY TO USE, THE PRODUCTS SOLD ON THE WEBSITE OR THE WEBSITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE WEBSITE AND/OR DAMAGES THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THE COMPANY’S RECORDS, PROGRAMS, OR SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), INFRINGEMENT, OR ANY OTHER BASIS – EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LIABILITY. WITH RESPECT TO DIRECT DAMAGES RELATING TO USE OF THE WEBSITE, YOUR REMEDY IS LIMITED TO A MAXIMUM OF ONE HUNDRED DOLLARS ($100) AND DISCONTINUANCE OF USE OF (AND ANY MEMBERSHIP IN) THE WEBSITE. WITH RESPECT TO DIRECT DAMAGES RELATING TO THE PURCHASE OF GOODS OR PRODUCTS FROM THE WEBSITE, YOUR REMEDY IS LIMITED TO ONE OF THE FOLLOWING (AT YOUR ELECTION) UPON RETURN OF THE GOOD OR PRODUCT: (1) REFUND OF THE AMOUNT PAID (NOT INCLUDING SHIPPING); (2) REPLACEMENT OF THE ITEM; OR (3) A CREDIT FOR THE AMOUNT PAID (NOT INCLUDING SHIPPING). YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, GOODS OR PRODUCTS AND/OR SERVICES AVAILABLE ON OR THROUGH THE WEBSITE.

THESE DISCLAIMERS AND LIMITATIONS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

11). Indemnification

You agree to defend, indemnify, release and hold harmless Paws For A Cause (including, but not limited to, the officers, directors, members, shareholders, employees, licensors, agents, licensees, contractors, attorneys, subsidiaries, affiliates and third-party content providers of Paws For A Cause) from all liabilities, claims and expenses, including attorney’s fees and costs, that arise from, concern, or are connected with your use or misuse of the Website or its content. Paws For A Cause reserves the right to assume the defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with Paws For A Cause in asserting any available defenses and will pay all of our attorneys’ fees and costs in such defense.

12). Severability

The provisions of this agreement are intended to be severable. If for any reason any provision of this agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.

13). Governing Law and Jurisdiction

You agree that the laws of the State of South Carolina will govern this Terms of Service and our Privacy Policy and your use of this Website. The state and federal courts of Charleston, South Carolina, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Terms of Service, our Privacy Policy and/or your use of the Website. You agree to waive any objection based on forum non conveniens or any objection to venue in Charleston, South Carolina, of any such action. 

14). International Use

Paws For A Cause makes no representation that the Website (including the content, services or products provided on or through it) is appropriate for or available to locations outside the United States of America, and using the Website from territories where it is illegal to do so is prohibited. Any offer for a product or service through the Website is void where prohibited. Use of the Website is done at your own risk and you are responsible for compliance with all local laws. 

15). Assignment

You agree that this Agreement and all rights and licenses provided to Paws For A Cause under this Agreement are fully and freely assignable and sub-licensable by Paws For A Cause without further compensation to you.

16). Integration and Modification

The Privacy Policy is hereby incorporated by reference into this Terms of Service. Except as otherwise specified herein, this Terms of Service and the Privacy Policy constitutes the entire agreement between you and Paws For A Cause with respect to the Website, and supersedes all prior or contemporaneous communications or proposals between you and Paws For A Cause with respect to the Website. You may not modify this agreement other than by obtaining Paws For A Cause’s signed, written consent to such a modification.

17). Contact Us

If you have any questions or comments about our Terms of Service, please contact us at bark@pawsforacause.com. Legal notices should be sent to Paws For A Cause at the following address: Paws-Cause, LLC d/b/a Paws for a Cause, Attention: Legal Department, 186 Marsh Island Drive, Kiawah Island, South Carolina 29455. Notice will be considered given upon receipt. 

Paws For A Cause is entitled to assume that any address information that you provide to us is correct, and Paws For A Cause may contact you at such address. Notice from Paws For A Cause will be considered given when sent.

Copyright © 2022, Paws-Cause, LLC. All rights reserved.