Terms & Conditions
Effective: May 01, 2022
Last updated: September 20, 2024
Welcome to Wumbo Woof!
These terms and conditions outline the rules and regulations for the use of Wumbo Woof’s website, located at www.wumbowoof.com.
ACCEPTANCE OF THE TERMS & CONDITIONS
By accessing this website, you accept these terms and conditions. Do not continue to use Wumbo Woof if you do not agree to take all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement, Disclaimer Notice, and all Agreements: “Client”, “You”, and “Your” refers to you, the person accessing this website and compliant to the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both you and ourselves.
All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client’s needs in respect of provision of the Company’s goods (collective, our "Products"), and to your access to and use of the website and other online products and services (collectively, our “Services”), in accordance with and subject to, prevailing law of Texas. Any use of the above terminology or other words in the singular, plural, capitalization, and/or he/she or they, are taken as interchangeable and therefore as referring to the same subjects.
ACCESSING THE SERVICES
In order to accept these Terms and to access and use our Services you must be at least 18 years of age. If you are between 13 and 18 years of age (or the age of legal majority where you live), you may only access or use our Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are accessing or using our Services on behalf of another person or entity, you represent that you are authorized to accept these Terms on that person or entity’s behalf and that the person or entity agrees to be responsible to us if you or the other person or entity violates these Terms. You hereby affirmatively represent that (a) you are at least 18 years of age; (b) you have the consent of your parent(s) or guardian(s) to access and use the Services if you are under 18 years of age; (c) you have all the applicable rights and authority to grant Wumbo Woof the rights granted herein; and (d) you have read, understood, and agree to be bound by these Terms.
GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time to the greatest extent allowed by law. You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our website without express written permission by us.
USER REGISTRATION AND ACCOUNT PROTECTION
3.1 Account creation
You can use our Services or purchase our Products without creating a user account (“Account”). If you choose to create an Account, you must provide us with accurate and complete registration information as prompted during the registration process. Each Account registration is for a single user only. You may not misrepresent your identity or your affiliation with any person or organization and you may never use another user’s Account for any purpose whatsoever. If you register for an account, you must provide accurate account information and promptly update this information if it changes. If you associate your Account with another service or social media service functionality, such as Facebook Connect, you expressly authorize Wumbo Woof and the relevant third party to share and store certain information about you, including personal information, depending on your account settings with such third party. Please note that you will be bound by the terms of use and privacy policies of any such third parties, in addition to our Terms and Privacy Policy.
3.2 Account Protection
You are responsible for maintaining the security and confidentiality of your username and password and may not share your Account information with third parties or allow third parties to use your Account. If you believe an unauthorized person has obtained your password or accessed your Account you must notify us immediately via email at contact@wumbowoof.com with “Unauthorized Use” in the subject line. We will not be liable for any loss that you may incur as a result of someone else using your password or Account, either with or without your knowledge or permission. However, you may be held liable for any losses we or another related party incur due to someone else using your Account.
3.3 Account termination
You may terminate your Account at any time by sending an e-mail to contact@wumbowoof.com with “Cancel Account” in the subject line. Please allow seven (7) days for termination to take effect. Following termination, we may delete any or all of the information associated with your Account. You have no recourse with regard to any information that we delete or functionality we remove upon Account termination. We further disclaim any value you may attribute to any of your data stored on our servers. Our rights under the Terms will survive any termination of your Account or cessation of your use of our Services.
MODIFICATIONS TO PRODUCTS AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue a product or service without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our products and services.
COOKIES
We employ the use of cookies. By accessing Wumbo Woof, you agreed to use cookies in agreement with the Wumbo Woof’s Privacy Policy.
Most interactive websites use cookies to retrieve the user’s details for each visit. Cookies are used by our website to enable the functionality of certain areas to make it easier for people visiting our website. Some of our affiliate/advertising partners may also use cookies.
LICENSES
Unless otherwise stated, Wumbo Woof and/or its licensors own the intellectual property rights for all material on Wumbo Woof. All intellectual property rights are reserved. You may access this from Wumbo Woof for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Wumbo Woof
- Sell, rent, or sub-license material from Wumbo Woof
- Reproduce, duplicate, or copy material from Wumbo Woof
- Redistribute content from Wumbo Woof
This Agreement shall begin on the date of published of this page.
Parts of this website offer an opportunity for users to post and exchange opinions and information in certain areas of the website. Comments do not reflect the views and opinions of Wumbo Woof, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, Wumbo Woof shall not be liable for the comments or for any liability, damages, or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the comments on this website.
Wumbo Woof reserves the right to monitor all comments and to remove any comments which can be considered inappropriate, offensive, or causes breach of these Terms and Conditions.
You warrant and represent that:
- You are entitled to post the comments on our website and have all necessary licenses and consents to do so;
- The comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party;
- The comments do not contain any defamatory, libelous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy; and
- The comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant Wumbo Woof a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce, and edit any of your comments in any and all forms, formats, or media.
USER CONTENT AND FEEDBACK
Our Services may allow you to create, post, store and share content, including messages, text, photos, videos and other materials (collectively, “User Content”). Except for the license you grant below, you retain all rights in and to your User Content, as between you and Wumbo Woof.
You grant Wumbo Woof a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully- paid, and sub-licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you. When you post or otherwise share User Content on or through our Services, you understand that your User Content and any associated information (such as your username and date of review) will be visible to the public. You may not to create, post, store or share any User Content that violates these Terms or for which you do not have all the rights necessary to grant us the license described above.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Wumbo Woof or our Services (collectively, “Feedback”), is non-confidential and will become the sole property of Wumbo Woof. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
SOCIAL MEDIA POSTS
If you tag your social media post ("Post") with one of our promoted hashtags (e.g., #WumboWoof) or includes any of our Products, you agree to the following:
You consent and grant to Wumbo Woof the irrevocable, non-exclusive, transferable, sub-licensable, royalty free, worldwide right (but not the obligation), to (1) use, copy, perform, reproduce, edit, modify, display, broadcast, distribute, prepare derivative works of (or incorporate into other works), and otherwise exploit the Post (or any portion thereof) in any form, manner or media now or hereafter known including but not limited to posting or reposting the Post across Wumbo Woof digital properties (e.g., on Wumbo Woof branded websites and social media pages) and using the Post for commercial purposes including marketing, advertising, and publicity and (2) use your name, image, likeness, and username/ handle in connection with, or to reference the fact of, your Post to the extent you include such information in your Post. You understand and agree that you will not have any right to inspect or approve Wumbo Woof use of the Post, the Post will not be returned to you, and you will not be paid or otherwise compensated for Wumbo Woof use of your Post. Aside from the rights specifically granted herein, you retain ownership of all rights to your Post.
You represent and warrant that (1) your Post is your original creation for which you own and/or control all rights, (2) your Post does not violate any laws or infringe the intellectual property, privacy or publicity rights or any other legal or moral rights of any third party, (3) your Post will not contain obscene, indecent, or harassing material or feature nudity or drug/alcohol use, (4) you have obtained the express permission of each identifiable person appearing in your Post to be included and displayed in the Post as provided herein, and (5) you have the full power and authority to grant the rights contemplated herein.
You understand and acknowledge that your Post may be open to public commentary that is not under the Wumbo Woof direct control and does not necessarily reflect the views of Wumbo Woof. While Wumbo Woof may curate Posts, Wumbo Woof does not warrant their content or accuracy. You understand that you may be exposed to other Posts that you find offensive, indecent or otherwise objectionable. You understand and acknowledge that, pursuant to Section 230 of the federal Communications Decency Act, providers of interactive computer services shall not be treated as the publisher or speaker of any information provided by another information content provider. Posts may be removed by Wumbo Woof at any time and for any reason.
The rights to information posted on the website or Wumbo Woof’ social media pages (Wumbo Woof Pages) may be protected by patent, copyright, trademark, trade secrets or other proprietary rights owned by a third party other than Wumbo Woof. Additionally, certain content displayed and contained within Wumbo Woof Pages is the original authorship of Wumbo Woof and is owned exclusively by Wumbo Woof. By being a User of or Posting on any of Wumbo Woof Pages, you acknowledge that you may not modify, publish, transmit, display, copy, participate in the transfer or sale, create derivative works, or in any way exploit any of the content found, whether owned by Wumbo Woof or a third party, other than as provided herein.
You may request removal of any of your Post by sending a removal request email to contact@wumbowoof.com. Your email must include a link to the URL or complete description of the page or social media account on which your Post is posted. We reserve the right to deny any such requests.
HYPERLINKING TO OUR CONTENT
The following organizations may link to our website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our website in the same manner as they hyperlink to the websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our website.
These organizations may link to our home page, to publications, or to other website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement, or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- Commonly-known consumer and/or business information sources;
- Dot.com community sites;
- Associations or other groups representing charities;
- Online directory distributors;
- Internet portals;
- Accounting, law and consulting firms; and
- Educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of Wumbo Woof; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed above and are interested in linking to our website, you must inform us via email. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our website, and a list of the URLs on our site to which you would like to link. Wait 3-4 weeks for a response.
Approved organizations may hyperlink to our website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Wumbo Woof’s logo or other artwork will be allowed for linking absent a trademark license agreement.
iFRAMES
Without prior approval and written permission, you may not create frames around our webpages that alter in any way the visual presentation or appearance of our website.
CONTENT LIABILITY
We shall not be held liable for any content that appears on your website. You agree to protect and defend us against all claims that is rising on your website. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
YOUR PRIVACY
See our Privacy Policy.
RESERVATION OF RIGHTS
We reserve the right to request that you remove all links or any particular link to our website. You agree to immediately remove all links to our website upon request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuously linking to our website, you agree to be bound to and follow these linking terms and conditions.
REMOVAL OF LINKS FROM OUR WEBSITE
If you find any link on our website that is offensive for any reason, you are free to contact and inform us at any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct. We do not warrant its completeness or accuracy, nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
SHELTER DONATION POLICY
We reserve the right to change our shelter donation policy (the "Donation Policy") at any time. You agree that any purchases made by you on the Site are not made in reliance on the Donation Policy.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable law, Wumbo Woof will not be liable for any indirect, special, incidental or consequential damages of any kind arising out of or in any way related to the access to or use of the Services or the purchase of Products through the Services, including but not limited to any damages caused by or resulting from reliance on any information obtained from Wumbo Woof and from events beyond Wumbo Woof’s reasonable control, even if Wumbo Woof or the other Wumbo Woof Parties have been advised of the possibility of such damages.
Wumbo Woof shall not be held liable for any damages whatsoever, including but not limited to defects in materials or workmanship, misuse or improper use of products, accident or death regardless of the cause, negligent or faulty design, adverse reactions to any product, or any other tort or personal injury to the greatest extent allowed by law. Any performance specifications are believed to be true, but are not verified. The consumer shall not rely on any data provided or contractual performance by Wumbo Woof. It is the buyer’s responsibility to determine the suitability of any products, to test and to verify before use.
The consumer hereby waives all liability claims against Wumbo Woof, its employees, partners, affiliates, distributors, and retailers.
DISPUTE RESOLUTION/BINDING ARBITRATION/CLASS ACTION WAIVER
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Wumbo Woof and limits the manner in which you can seek relief from us.
You and Wumbo Woof waive their rights to a jury trial and to have any dispute arising out of or related to these Terms, our Services or Products purchased through our Services resolved in court. Instead, all disputes arising out of or to these Terms, our Services, or Products will be resolved through confidential binding arbitration before and in accordance with the Streamlined Arbitration Rules and Procedures ("Rules") of the Judicial Arbitration and Mediation Services ("JAMS"), which are available on the JAMS website. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Wumbo Woof agree that any dispute arising out of or related to these Terms, our Services, or Products is personal to you and Wumbo Woof and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action, or any other type of representative proceeding. You and Wumbo Woof further agree that any such disputes will also not be consolidated with any other proceedings that involve any claim or controversy of any other party.
You and Wumbo Woof agree that these Terms affect interstate commerce and that the enforceability of this Section will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the "FAA"), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Wumbo Woof agree that for any arbitration you initiate, you will pay the filing fee and Wumbo Woof will pay the remaining JAMS fees and costs. For any arbitration initiated by Wumbo Woof, Wumbo Woof will pay all JAMS fees and costs. You and Wumbo Woof agree that the state or federal courts of the State of Texas and the United States have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
GENERAL CONSENT TO ELECTRONIC COMMUNICATIONS
You consent to receive communications from us, whether required by law or otherwise, either by e-mail and phone number (if you have provided us with your e-mail address and phone number), or any other form of communication you have consented to in your Account settings. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by us in writing is satisfied by such electronic communication. We are not responsible for any automatic filtering you or your network provider may apply to communications we send to an e-mail address, phone number, or other location that you provide to us.
Notwithstanding your indicated email and phone marketing preferences, we may send you administrative emails and texts regarding Wumbo Woof, including, for example, order confirmations or information about Services you have purchased as well as notices of updates to the Privacy Policy or these Terms if we choose to provide such notices to you in this manner. We may also contact you via e-mail to respond to a question, comment, or other communication that you may have initiated with us, including but not limited to questions related to the Privacy Policy or these Terms, any User Content you provide or in relation to customer service issue.
Wumbo Woof may seek your consent to contact you with certain non-emergency, automated, autodialed, prerecorded, or other telemarketing text messages. We may contact you using your phone or mobile number with an automatic telephone dialing system (ATDS). You may opt-out of these communications at any time, and consent to receive marketing text messages is not required to purchase any Products or Services.
ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision.
These Terms and Conditions and any policies posted by us on this site constitutes the entire agreement and understanding between you and us and govern your use of the website, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us.
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the drafting party.
GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you goods & services shall be governed by and construed in accordance with the laws of Texas.
CHANGES TO TERMS AND CONDITIONS
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms and Conditions by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to these Terms and Conditions constitutes acceptance of those changes.
TERMINATION
We reserve the right, subject to these Terms, to change, suspend, or discontinue any aspect of the Services, in our sole and absolute discretion and without notice or liability, including by adding or eliminating certain features, removing access to any Product or discontinuing any of our Products entirely. Any description of the features of Products or Services offered by Wumbo Woof shall not be considered to be a representation by Wumbo Woof that such features will always be included in such Products and Services.
We also reserve the right, subject to the Terms, to terminate or suspend your Account or restrict access to some or all of the Services or Products, for all users or only for you, without notice or liability. Accordingly, for any reason, and without notice, all or any part of the Services and Products may become unavailable to you at any time and for any period. In the event we terminate your Account, we may delete any or all of the information associated with your Account.
For the avoidance of doubt, we will not be liable if for any reason all or any part of the Services or Products are unavailable at any time or for any period.
CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at contact@wumbowoof.com.