Terms of Services

Site Terms and Conditions of Use

    Acceptance of Terms

    These Terms of Service (“Terms”) constitute a legally binding agreement between you and Activedogs.com LLC (“Activedogs.com,” “Company,” “Seller,” “we,” “us,” or “our”) governing your access to and use of the Activedogs.com website, all related websites, mobile functionality, digital services, communications, content, products, and associated services (collectively, the “Site”).

    By accessing, browsing, purchasing from, or otherwise using the Site, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you are prohibited from accessing or using the Site.

    We reserve the unrestricted right to revise, modify, update, discontinue, replace, or supplement these Terms at any time without prior notice. Any modifications become effective immediately upon posting. Your continued use of the Site following the posting of revised Terms constitutes your binding acceptance of such revisions.

    Eligibility

    By using the Site, you represent and warrant that you are at least eighteen (18) years of age and possess the legal authority and capacity to enter into these Terms. If you access or use the Site on behalf of any business entity, organization, or third party, you represent and warrant that you possess full authority to bind such entity to these Terms.

    Description of Services

    Activedogs.com is a Wisconsin-based manufacturer, distributor, and retailer of canine training equipment, sporting dog products, tactical gear, working dog equipment, and related merchandise.

    All products, descriptions, pricing, specifications, availability, photographs, colors, dimensions, and other Site content are subject to change without notice and do not constitute binding offers. We reserve the absolute and unrestricted right to limit quantities, discontinue products, refuse service, reject transactions, cancel orders, terminate accounts, or restrict access to the Site at any time and for any lawful reason in our sole discretion.

    Account Registration and Security

    Certain portions of the Site may require account registration. You agree to provide accurate, current, complete, and truthful information and to maintain such information as necessary.

    You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activities occurring under your account, whether authorized or unauthorized. You agree to immediately notify Activedogs.com of any suspected unauthorized use, account compromise, or security breach.

    Activedogs.com shall not be liable for any loss, damage, expense, or liability arising from unauthorized account access, credential theft, or your failure to maintain account security.

    We reserve the unrestricted right to suspend, restrict, terminate, or delete any account at any time without notice or liability.

    Prohibited Conduct

    You agree that you shall not use the Site in any manner that violates applicable law or infringes upon the rights of any person or entity. You further agree not to engage in fraudulent, abusive, deceptive, threatening, defamatory, harassing, obscene, unlawful, or harmful conduct.

    You shall not upload, distribute, transmit, or introduce malware, viruses, spyware, ransomware, malicious code, or harmful technologies. You shall not interfere with Site functionality, servers, infrastructure, operations, security measures, or network integrity.

    You shall not attempt to gain unauthorized access to systems, accounts, databases, or protected areas of the Site, nor use automated scraping tools, bots, crawlers, data mining technologies, or similar mechanisms without express written authorization.

    Any unauthorized use of the Site may result in termination of access, civil liability, criminal prosecution, injunctive relief, or any other remedy available at law or in equity.

    Intellectual Property Rights

    All content and materials available through the Site, including but not limited to text, graphics, images, photographs, videos, product descriptions, software, source code, layouts, trademarks, service marks, logos, trade dress, databases, proprietary information, and other intellectual property are owned by or licensed to Activedogs.com and are protected under United States and international intellectual property laws.

    No portion of the Site may be copied, reproduced, republished, modified, uploaded, distributed, transmitted, displayed, reverse engineered, exploited, or otherwise used without prior written consent from Activedogs.com.

    Any unauthorized use immediately terminates any limited license granted herein and may violate applicable intellectual property laws.

    User Content and Submissions

    Any reviews, suggestions, comments, feedback, photographs, videos, ideas, submissions, or other materials submitted to Activedogs.com shall become the non-exclusive, perpetual, irrevocable, royalty-free, worldwide property of Activedogs.com.

    You grant Activedogs.com the unrestricted right to use, reproduce, publish, modify, distribute, display, create derivative works from, and otherwise exploit such submissions in any media now known or later developed without compensation, notice, approval, or obligation to you.

    You represent and warrant that any submitted material is accurate, lawful, non-infringing, and does not violate any third-party rights.

    Assumption of Risk; Product Use Disclaimer

    Buyer and user acknowledge and expressly agree that many products sold by Activedogs.com are intended for use in connection with working dogs, sporting dogs, obedience training, protection training, decoy work, bite work, agility, restraint activities, tracking, and other physically demanding canine-related activities involving substantial inherent risks.

    Such risks include, without limitation, dog bites, falls, leash injuries, collisions, equipment failure, animal aggression, unpredictable animal behavior, property damage, serious bodily injury, permanent disability, and death.

    By purchasing, handling, possessing, or using any product sold by Activedogs.com, Buyer and user knowingly, voluntarily, and expressly assume all risks, known and unknown, foreseeable and unforeseeable, associated with such products and activities.

    Buyer and user acknowledge and agree that products must be used lawfully, responsibly, and only by persons possessing appropriate skill, supervision, training, judgment, and experience. Proper fit, inspection, adjustment, maintenance, storage, handling, and safe usage are solely the responsibility of the user.

    Buyer and user further acknowledge that products may fail if improperly used, altered, damaged, modified, worn, misapplied, improperly fitted, or subjected to misuse or excessive force, and that no product can eliminate risks associated with canine ownership, training, sporting activities, or animal handling.

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVEDOGS.COM DISCLAIMS ALL LIABILITY FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, EXPENSE, OR LIABILITY ARISING FROM OR RELATED TO PRODUCT USE, MISUSE, TRAINING ACTIVITIES, EQUIPMENT FAILURE, NEGLIGENCE, IMPROPER HANDLING, FAILURE TO FOLLOW INSTRUCTIONS, OR THE INHERENT RISKS ASSOCIATED WITH DOG OWNERSHIP OR TRAINING ACTIVITIES.

    Product Safety Disclaimer

    Buyer bears sole responsibility for determining the suitability, compatibility, legality, and proper application of any product purchased from Activedogs.com.

    No product sold by Activedogs.com is guaranteed to prevent injury, escape, bites, property damage, equipment failure, accidents, or death.

    Products must be inspected prior to each use and discontinued immediately if worn, altered, damaged, improperly fitted, or otherwise unsafe.

    Activedogs.com expressly disclaims liability arising from improper use, improper fit, inadequate inspection, unauthorized modification, insufficient supervision, failure to follow instructions, or use inconsistent with intended purposes.

    Disclaimer of Warranties

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, ALL PRODUCTS, SERVICES, CONTENT, INFORMATION, AND MATERIALS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

    ACTIVEDOGS.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, RELIABILITY, PERFORMANCE, DURABILITY, SAFETY, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

    WE DO NOT WARRANT THAT THE SITE OR PRODUCTS WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OPERATE WITHOUT INTERRUPTION, BE ERROR-FREE, BE SECURE, OR BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

    NO ADVICE, INFORMATION, OR STATEMENT PROVIDED BY ACTIVEDOGS.COM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

    Limitation of Liability

    TO THE MAXIMUM EXTENT PERMITTED BY LAW, ACTIVEDOGS.COM AND ITS OWNERS, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND ASSIGNS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, ENHANCED, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF BUSINESS OPPORTUNITY, LOSS OF DATA, BUSINESS INTERRUPTION, PROPERTY DAMAGE, PERSONAL INJURY, EMOTIONAL DISTRESS, PROCUREMENT OF SUBSTITUTE GOODS, OR OTHER INTANGIBLE LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    IN ALL CASES, THE MAXIMUM AGGREGATE LIABILITY OF ACTIVEDOGS.COM ARISING FROM OR RELATED TO ANY CLAIM SHALL NOT EXCEED THE GREATER OF THE AMOUNT ACTUALLY PAID BY YOU FOR THE SPECIFIC PRODUCT GIVING RISE TO THE CLAIM OR ONE HUNDRED U.S. DOLLARS ($100.00).

    THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY, INCLUDING CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, STATUTE, OR OTHERWISE.

    Indemnification

    You agree to defend, indemnify, and hold harmless Activedogs.com and its owners, officers, directors, employees, affiliates, agents, successors, licensors, and assigns from and against any and all claims, liabilities, damages, losses, judgments, settlements, penalties, fines, costs, and expenses, including attorneys’ fees and litigation costs, arising from or related to your use of the Site, your violation of these Terms, your misuse of products, your negligence or misconduct, your violation of law, or your infringement of any third-party rights.

    This indemnification obligation shall survive termination of these Terms and your use of the Site.

    Arbitration Agreement; Waiver of Jury Trial; Class Action Waiver

    PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

    Any dispute, claim, controversy, or cause of action arising from or relating to these Terms, the Site, or any products or services purchased from Activedogs.com shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association (“AAA”) pursuant to its applicable Consumer Arbitration Rules.

    Arbitration shall occur in the State of Wisconsin unless otherwise required by applicable law.

    YOU AND ACTIVEDOGS.COM KNOWINGLY, VOLUNTARILY, AND IRREVOCABLY WAIVE ANY RIGHT TO A JURY TRIAL.

    YOU AND ACTIVEDOGS.COM FURTHER AGREE THAT ALL CLAIMS MUST BE BROUGHT SOLELY IN AN INDIVIDUAL CAPACITY AND NOT AS PART OF ANY CLASS ACTION, COLLECTIVE ACTION, REPRESENTATIVE ACTION, MASS ARBITRATION, OR CONSOLIDATED PROCEEDING.

    The arbitrator shall not have authority to consolidate claims or preside over representative proceedings.

    If any portion of this arbitration provision is deemed unenforceable, the remaining provisions shall remain enforceable to the fullest extent permitted by law.

    Force Majeure

    Activedogs.com shall not be liable for any delay, interruption, failure, or inability to perform resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, severe weather, pandemics, cyberattacks, labor disputes, governmental actions, terrorism, transportation disruptions, supply shortages, communication failures, utility interruptions, or other force majeure events.

    Privacy and Communications

    Your use of the Site is subject to our Privacy Policy, which is incorporated herein by reference.

    By providing contact information to Activedogs.com, you consent to receive transactional, operational, informational, promotional, and marketing communications, including emails and SMS messages, subject to applicable law.

    Consent to receive marketing communications is not a condition of purchase. Message and data rates may apply.

    Order Acceptance and Refusal

    Activedogs.com reserves the unrestricted right to refuse, reject, cancel, revoke, limit, or hold any order at any time and for any reason, including suspected fraud, inventory discrepancies, pricing errors, reseller activity, export restrictions, unauthorized activity, payment concerns, or security issues.

    Submission of an order does not constitute acceptance of the order.

    Governing Law

    These Terms and any dispute arising hereunder shall be governed exclusively by the laws of the State of Wisconsin without regard to conflict of law principles.

    To the extent any claim proceeds outside arbitration, exclusive jurisdiction and venue shall lie in the state or federal courts located within Wisconsin.

    Entire Agreement

    These Terms constitute the complete and exclusive agreement between you and Activedogs.com concerning the Site and supersede all prior or contemporaneous communications, agreements, understandings, representations, and proposals.

    Failure to enforce any provision shall not constitute a waiver of any right or provision.

    If any provision is determined unenforceable, the remaining provisions shall remain in full force and effect.