top of page
NautiDawgs Website Background.png

Terms & Conditions

Nauti Dawgs LLC (hereinafter collectively referred to as “NautiDawgs”) has created the following Terms & Conditions of Use (“Terms & Conditions”) to apply to all users of this website, NautiDawgs.com and all digital assets contained (collectively, “the Services”).

 

These Terms & Conditions are written in the English language.  To the extent any translated versions of these Terms & Conditions conflict with the English language version, the English language version of these Terms & Conditions shall control.

I. GENERAL CONDITIONS

Please carefully read these Terms & Conditions before using the Services. By using the Services, you agree to be bound by the Terms & Conditions, including the Binding Arbitration Clause and Class Action Waiver described in Section IX, and the Privacy Policy.  If you do not agree to the Terms & Conditions, then you must not use the Services.  If you violate the Terms & Conditions, Nauti Dawgs reserves the right to deny you access to the Services, together with any and all other legal remedies.

 

The headings used herein are included for convenience only and will not limit or otherwise affect these Terms & Conditions.

II. NON-EXCLUSIVE, NON-TRANSFERABLE RIGHT TO USE THE SERVICES

NautiDawgs grants you a limited, revocable, non-exclusive, non-transferable right to review and in some instances print content, from NautiDawgs’s website for your personal purposes as long as they do not violate any aspect of these Terms & Conditions or applicable law, including NautiDawgs’s intellectual property and other proprietary rights in and to the Services or the intellectual property rights of another party. NautiDawgs reserves the right to terminate or limit your access to the Services and/or the licenses granted herein for any reason (or no reason) and in NautiDawgs’s sole discretion.

 

NautiDawgs reserves the right to, at any time, temporarily or permanently, modify or discontinue any features associated with the Services with or without notice and for any reason, including performing maintenance, repairs, or upgrades. NautiDawgs remain the sole owner of all rights, title, and interest in the Services. NautiDawgs will not be liable if for any reason all or any part of the Services are unavailable at any time or for any period.

III. INTELLECTUAL PROPERTY

All content, features, and functionality available through the Services, including but not limited to design, artwork, hyperlinks, text, videos, calendars, software, images, technical drawings, blog posts, podcasts, audio, images, art, code, configurations, graphics, other files, and their selection and arrangement (“Materials”) are the proprietary property of NautiDawgs, or licensors and are protected by United States and international intellectual property and proprietary rights laws.  NautiDawgs reserves any and all rights to the Materials. The Materials may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means in whole or in part without NautiDawgs’s prior written permission except you may download and print Materials for non-commercial uses that are not competitive with or derogatory to us, provided that you keep all copyright or other proprietary notices intact, do not alter such Materials, and do not further reproduce, publish or distribute such Materials.  Please note that this limited consent may be revoked at any time by NautiDawgs and does not include consent to republish Materials on the Internet, or any Intranet or Extranet site, or to incorporate the Materials in any data base or other compilation.  Any other use of the Materials is strictly prohibited.  You further agree that you will not systematically extract, collect, or harvest through electronic means or otherwise, any data or data fields from the Services, including but not limited to customer identities or Information (as defined in NautiDawgs’s Privacy Policy).

 

All registered and unregistered trademarks visible or accessible through the Services are trademarks of NautiDawgs, or licensors and may not be copied, imitated, or used in whole or in part without the prior written permission of NautiDawgs, or its owners.  All page headers, customer graphics, button icons, and scripts are service marks, trademarks, and/or trade dress of NautiDawgs or its affiliates and may not be copied, imitated, or used in whole or in part without prior written permission of NautiDawgs.

IV. PROHIBITED USES

In addition to other prohibitions as set forth in the Terms & Conditions, you are prohibited from using the Services or its related content: (a) for any unlawful or fraudulent purpose, including but not limited to, the use of fraudulent credit card information; (b) to solicit others to perform or participate in any unlawful or prohibited acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate NautiDawgs’s intellectual property rights or the intellectual property rights of others or delete the copyright or other proprietary rights notice from any content; (e) to harass, abuse, insult, harm, defame, slander, annoy, disparage, intimidate, or discriminate based upon gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or otherwise attempt to mislead or impersonate another; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Services including NautiDawgs’s website (or related website, other websites, or the Internet) or the Services; (h) to collect or track the personal information of others; (i) to send advertising or promotion materials, spam, phish, pharm, pretext, spider, crawl, scrape, or facilitate the use of any malware or ransomware; (j) for any damaging, obscene or immoral purpose; (k) to interfere with or circumvent the security features of the website (or related website, other websites or the Internet) and/or the Services, including those to prevent copying of content or that limit use; (l) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam” or any other similar solicitation; (m) systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us; (n) make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses; (o) use a buying agent or purchasing agent to make purchases on the website; (p) use the Services to advertise or offer to sell goods and services; (q) engage in unauthorized framing of or linking to the Services; (r) engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools; (s) interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the Services; (t) sell or otherwise transfer your profile; (u) use the Services as part of any effort to compete with Nauti Dawgs or otherwise use the Services and/or the content for any revenue-generating endeavor or commercial enterprise; (v) decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the website; (w) copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code; (x) upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, malicious code, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services; (y) upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”); (z) except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or using or launching any unauthorized script or other software; or (aa) in any way that may be deemed a breach or violation of any of NautiDawgs’s Terms & Conditions or Privacy Policy.  NautiDawgs reserves the right to terminate your use of the Services or any related website for violating any of the prohibited uses.

V. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION

A. Errors, Inaccuracies, & Omissions

 

The Services may contain typographical errors, inaccuracies, or omissions that may relate to NautiDawgs’s offerings, promotions, packages, programs, events, and materials. NautiDawgs does not warrant the accuracy, completeness, or usefulness of this information. NautiDawgs disclaims all liability and responsibility placed on such information by you, or by anyone who may be informed of any of its contents.

 

NautiDawgs reserves the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders or programs if any information about the Services or on any related website is inaccurate at any time without prior notice (including after you have submitted your order, request, submission, payment, form, etc.).

 

NautiDawgs does not take on any obligation to update, amend, or clarify information in the Services or on any related website, including without limitation, pricing, dates, availability, location, products, and services, except as required by law.

 

No specified update or refresh data applied in the Services or on any related website should be taken to indicate that all information in the Services or on any related website has been modified or updated.

 

B. Links to the Services

 

You may not create a link to any page of the Services without NautiDawgs’s prior written consent.  If you do create a link to a page of the Services, you do so at your own risk and the exclusions and limitations set out above will apply to your use of the Services by linking to it.

 

C. Links on the Services

 

The Services might include links to other websites, mobile applications, or social media platforms. NautiDawgs is not responsible for examining or evaluating the content or accuracy of any other website and do not warrant and will not have any liability or responsibility for any other party’s materials or websites or for any other materials, products, or services of other websites. NautiDawgs is not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any other party’s websites or other platforms.  Please review carefully other party’s website’s policies and practices and make sure you understand them before you engage in any transaction.  Claims, complaints, questions, or concerns regarding other parties should be directed to that party.

VI. WARRANTY DISCLAIMER

THE SERVICES, AND THE INFORMATION ON OR AVAILABLE THROUGH THE SERVICES, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. NAUTI DAWGS DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NAUTI DAWGS DOES NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE. YOU AGREE THAT FROM TIME TO TIME NAUTI DAWGS MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL THEM AT ANY TIME WITHOUT NOTICE TO YOU. TO THE FULLEST EXTENT PERMITTED BY LAW, NAUTI DAWGS EXCLUDES ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE SERVICES, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE SERVICES AND/OR NAUTI DAWGS’S LITERATURE.

 

IN NO CASE SHALL NAUTI DAWGS, ITS EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE SERVICES OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE SERVICES OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE. IN ANY EVENT, THE AGGREGATE LIABILITY OF NAUTI DAWGS AND ITS AFFILIATES AND ITS SERVICE PROVIDERS UNDER THESE TERMS & CONDITIONS SHALL NOT EXCEED FIVE HUNDRED DOLLARS ($500.00).

 

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

VII. GOVERNING LAW

The Terms & Conditions and any separate agreements whereby NautiDawgs provides you Services shall be governed and construed in accordance with the laws of Kentucky without reference to any conflict of law rules.

 

You agree that you will not use the Services in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

VIII. ARBITRATION CLAUSE AND CLASS ACTION WAIVER – IMPORTANT – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS

A. Arbitration Notice

 

You and NautiDawgs’s agree that if there is any dispute or claim arising from or related to the Services, these Terms & Conditions, and/or the Privacy Policy it will be resolved by confidential binding arbitration in Kentucky, rather than in court, after first giving Notice of the Dispute (“Notice”) to the other party and the opportunity to discuss resolution within thirty (30) days of such Notice.  Notice should be sent to: NautiDawgs LLC, 6703 Deep Creek Dr, Prospect, Kentucky 40059.  This Notice must include a description of the nature and basis of the claims the party is asserting, and the relief sought.

 

If you and NautiDawgs’s are unable to resolve the claims described in the Notice within thirty (30) days after the Notice is sent, you may initiate arbitration proceedings.  There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the provisions of these Terms & Conditions as a court would. YOU ACKNOWLEDGE THAT YOU ARE VOLUNTARILY AND KNOWINGLY FORFEITING YOUR RIGHT TO A TRIAL BY JURY AND TO OTHERWISE PROCEED IN A LAWSUIT IN STATE OR FEDERAL COURT.

 

The Federal Arbitration Act and federal arbitration law apply, and the American Arbitration Association (AAA) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes.  Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules.

 

The arbitration shall be held in the State of Kentucky or at another mutually agreed location.  If the value of the relief sought is $15,000 or less, you or NautiDawgs may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and NautiDawgs subject to the arbitrator’s discretion to require an in-person hearing if the circumstances warrant.  Attendance at an in-person hearing may be made by telephone by you and NautiDawgs unless the arbitrator requires otherwise.

 

The arbitrator will decide the substance of all claims in accordance with the laws of the State of Kentucky, including recognized principles of equity, and will honor all claims of privilege recognized by applicable law.  The arbitrator’s award shall be confidential, final, and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

 

CLASS ACTION WAIVER:  YOU AGREE THAT DISPUTES BETWEEN YOU AND NAUTIDAWGS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.  If for any reason a claim proceeds in court rather than in arbitration, NautiDawgs each waive any right to a jury trial.  NautiDawgs may bring suit in court to enjoin infringement or other misuse of NautiDawgs’s intellectual property rights.

 

B. Claims and Disputes Must be Filed Within One (1) Year

 

To the extent permitted by law, and without limiting the effect of any disclaimer contained herein, any cause of action or claim you may have with respect to your use of the Services, including, without limitation, any website or mobile application or other Services-related product, services, or other content must be commenced within one (1) year after the claim or cause of action arises. This section applies to you and your heirs, successors, and assigns.

IX. SEVERABILITY

To the extent that any provision of these Terms & Conditions is deemed to be unlawful, void, or unenforceable, including the binding arbitration clause and class action waiver, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms & Conditions.  Such determination shall not affect the validity and enforceability of any other remaining provisions.

X. TERMINATION

These Terms & Conditions are effective until terminated. NautiDawgs may terminate this agreement at any time without notice to you and may deny you access to the Services.

XI. INDEMNIFICATION

To the fullest extent permitted by law, and except to the extent arising from NautiDawgs’s gross negligence or intentional misconduct, you agree to indemnify, defend, and hold harmless NautiDawgs, and its employees, contractors, licensors, service providers, subcontractors, and suppliers from any claim or demand, including reasonable attorneys’ fees made by any third party due to or arising out of your breach of these Terms & Conditions or the documents they incorporate by reference, or your violation of any law or rights of a third party. NautiDawgs reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you shall cooperate with NautiDawgs in asserting any available defenses.  You shall not settle any actions or claims on NautiDawgs’s behalf without NautiDawgs’s prior written consent.

XII. NO THIRD-PARTY BENEFICIARIES

There are no third-party beneficiaries to the Terms & Conditions. NautiDawgs shall have the right to assign NautiDawgs’s rights or delegate any of its responsibilities under these Terms & Conditions to an affiliate or in connection with a merger, consolidation, or reorganization for the sale of substantially all Nauti Dawgs assets.

XIII. CHANGES TO THESE TERMS & CONDITIONS

NautiDawgs reserves the right to change, modify, or amend these Terms & Conditions at any time to reflect changes in NautiDawgs’ practices and service offerings. If NautiDawgs modifies its Terms & Conditions, such changes will be effective upon posting. It is your obligation to check NautiDawgs’ current Terms & Conditions for any changes. These Terms & Conditions may only be modified in writing. Any ambiguities in the interpretation will not be construed against the drafter.

 

If you have any questions about these Terms & Conditions, don't hesitate to get in touch with NautiDawgs at the following:

 

Troy@NautiDawgs.com

NautiDawgs LLC, 6703 Deep Creek Dr, Prospect, Kentucky 40059

bottom of page