Terms & Conditions
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY
ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE TO BE
BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS
THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER
TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF
YOU DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND CONDITIONS, THEN
PLEASE DO NOT ACCESS OR USE OUR SITES OR OUR SERVICES. THIS TERMS OF
SERVICE AGREEMENT IS EFFECTIVE AS OF June 1, 2018.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Hoss &
Duke’s Pet Food, LLC, located at 2468 Addison Creek Dr, Kissimmee, Florida
34758 and our subsidiaries and affiliates, in association with the use of the website, which
includes https://www.hossanddukespetfood.com, (the “Site”) and its Services, which shall
updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user and/or member understands, acknowledges and agrees that the Services
offered shall be provided “AS IS” and as such Hoss & Duke’s Pet Food, LLC shall not assume any
responsibility or obligation for the timeliness, missed delivery, deletion and/or any failure to store
user content, communication or personalization settings.
All users agree to receive texts, emails, or phone calls from Hoss & Duke’s Pet Food, LLC.
REGISTRATION
To register and become a “member” of the Site, you must be at least 18 years of age to enter into
and form a legally binding contract. In addition, you must be in good standing and not an
individual that has been previously barred from receiving ‘s Services under the laws and statutes
of the United States or other applicable jurisdiction.
When you register, may collect information such as your name, e-mail address, birth date,
gender, mailing address, occupation, industry and personal interests. You can edit your account
information at any time. Once you register with and sign in to our Services, you are no longer
anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may
be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to
maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature,
Hoss & Duke’s Pet Food, LLC will have sufficient grounds and rights to suspend or terminate the
member in violation of this aspect of the Agreement, and as such refuse any and all current or
future use of Hoss & Duke’s Pet Food, LLC Services, or any portion thereof.
It is Hoss & Duke’s Pet Food, LLC’s priority to ensure the safety and privacy of all its visitors,
users and members, especially that of children. Therefore, it is for this reason that the parents of
any child under the age of 13 that permit their child or children access to the website platform
Services must create a “family” account, which will certify that the individual creating the “family”
account is of 18 years of age and as such, the parent or legal guardian of any child or children
registered under the “family” account. As the creator of the “family” account, s/he is thereby
granting permission for his/her child or children to access the various Services provided,
including, but not limited to, message boards, email, and/or instant messaging. It is the parent’s
and/or legal guardian’s responsibility to determine whether any of the Services and/or content
provided are age-appropriate for his/her child.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by
t h e Hoss & Duke’s Pet Food, LLC Online Privacy Policy (see the full Privacy Policy at
https://hossanddukespetfood.com/privacy-policy/). As a member, you herein consent to the
collection and use of the information provided, including the transfer of information within the
United States and/or other countries for storage, processing or use by Hoss & Duke’s Pet Food,
LLC and/or our subsidiaries and affiliates.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be
responsible for maintaining the secrecy and confidentiality of your password and for all activities
that transpire on or within your account. It is your responsibility for any act or omission of any
user(s) that access your account information that, if undertaken by you, would be deemed a
violation of the TOS. It shall be your responsibility to notify Hoss & Duke’s Pet Food, LLC
immediately if you notice any unauthorized access or use of your account or password or any
other breach of security. Hoss & Duke’s Pet Food, LLC shall not be held liable for any loss and/or
damage arising from any failure to comply with this term and/or condition of the TOS.
CONDUCT
As a user or member of the Site, you herein acknowledge, understand and agree that all
information, text, software, data, photographs, music, video, messages, tags or any other
content, whether it is publicly or privately posted and/or transmitted, is the expressed sole
responsibility of the individual from whom the content originated. In short, this means that you are
solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise
made available by way of the Services, and as such, we do not guarantee the accuracy, integrity
or quality of such content. It is expressly understood that by use of our Services, you may be
exposed to content including, but not limited to, any errors or omissions in any content posted,
and/or any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted or otherwise made available by .
Furthermore, you herein agree not to make use of Hoss & Duke’s Pet Food, LLC’s Services for
the purpose of:
a) uploading, posting, emailing, transmitting, or otherwise making available any content that
shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, defamatory,
vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or
racially, ethnically, or otherwise objectionable;
b) causing harm to minors in any manner whatsoever;
c) impersonating any individual or entity, including, but not limited to, any officials, forum
leaders, guides or hosts or falsely stating or otherwise misrepresenting any affiliation with
an individual or entity;
d) forging captions, headings or titles or otherwise offering any content that you personally
have no right to pursuant to any law nor having any contractual or fiduciary relationship
with;
e) uploading, posting, emailing, transmitting or otherwise offering any such content that may
infringe upon any patent, copyright, trademark, or any other proprietary or intellectual
rights of any other party;
f) uploading, posting, emailing, transmitting or otherwise offering any content that you do not
personally have any right to offer pursuant to any law or in accordance with any
contractual or fiduciary relationship;
g) uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, “junk mail,” “spam,” or any other form of
solicitation, except in any such areas that may have been designated for such purpose;
h) uploading, posting, emailing, transmitting, or otherwise offering any source that may
contain a software virus or other computer code, any files and/or programs which have
been designed to interfere, destroy and/or limit the operation of any computer software,
hardware, or telecommunication equipment;
i) disrupting the normal flow of communication, or otherwise acting in any manner that would
negatively affect other users’ ability to participate in any real time interactions;
j) interfering with or disrupting any Hoss & Duke’s Pet Food, LLC Services, servers and/or
networks that may be connected or related to our website, including, but not limited to, the
use of any device software and/or routine to bypass the robot exclusion headers;
k) intentionally or unintentionally violating any local, state, federal, national or international
law, including, but not limited to, rules, guidelines, and/or regulations decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of any nation or other
securities exchange, that would include without limitation, the New York Stock Exchange,
the American Stock Exchange, or the NASDAQ, and any regulations having the force of
law;
l) providing informational support or resources, concealing and/or disguising the character,
location, and or source to any organization delegated by the United States government as
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any
third party;
d) responding to requests for customer service; or
e) protecting the rights, property or the personal safety of Hoss & Duke’s Pet Food, LLC, its
visitors, users and members, including the general public.
Hoss & Duke’s Pet Food, LLC herein reserves the right to include the use of security components
that may permit digital information or material to be protected, and that such use of information
and/or material is subject to usage guidelines and regulations established by Hoss & Duke’s Pet
Food, LLC or any other content providers supplying content services to Hoss & Duke’s Pet Food,
LLC. You are hereby prohibited from making any attempt to override or circumvent any of the
embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication,
distribution, or exhibition of any information or materials supplied by our Services, despite
whether done so in whole or in part, is expressly prohibited.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to
comply with all local rules relating to online conduct and that which is considered acceptable
Content. Uploading, posting and/or transferring of software, technology and other technical data
may be subject to the export and import laws of the United States and possibly other countries.
Through the use of our network, you thus agree to comply with all applicable export and import
laws, statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of
the United States (http://www.treasury.gov/resourcecenter/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use
of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical
or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Hoss & Duke’s Pet Food, LLC shall not lay claim to ownership of any content submitted by any
visitor, member, or user, nor make such content available for inclusion on our website Services.
Therefore, you hereby grant and allow for Hoss & Duke’s Pet Food, LLC the below listed
worldwide, royalty-free and non-exclusive licenses, as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Hoss & Duke’s Pet Food, LLC’s sites, the license provided to permit to use, distribute,
reproduce, modify, adapt, publicly perform and/or publicly display said Content on our
network Services is for the sole purpose of providing and promoting the specific area to
which this content was placed and/or made available for viewing. This license shall be
available so long as you are a member of Hoss & Duke’s Pet Food, LLC’s sites, and shall
terminate at such time when you elect to discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Hoss & Duke’s Pet Food, LLC’s sites, the license provided to
permit to use, distribute, reproduce, modify, adapt, publicly perform and/or publicly display
said Content on our network Services are for the sole purpose of providing and promoting
the specific area in which this content was placed and/or made available for viewing. This
license shall be available so long as you are a member of Hoss & Duke’s Pet Food, LLC’s
sites and shall terminate at such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Hoss & Duke’s Pet Food, LLC’s sites, the continuous, binding and completely sublicensable license which is meant to permit to use, distribute, reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly display said content, whether in whole or
in part, and the incorporation of any such Content into other works in any arrangement or
medium current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Hoss & Duke’s Pet Food, LLC’s
sites are those such areas of our network properties which are meant to be available to the
general public, and which would include message boards and groups that are openly available to
both users and members.
CONTRIBUTIONS TO COMPANY WEBSITE
Hoss & Duke’s Pet Food, LLC provides an area for our users and members to contribute
feedback to our website. When you submit ideas, documents, suggestions and/or proposals
(“Contributions”) to our site, you acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) shall not be liable or under any obligation to ensure or maintain confidentiality, expressed
or implied, related to any Contributions;
c) shall be entitled to make use of and/or disclose any such Contributions in any such
manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of ; and
e) is under no obligation to either compensate or provide any form of reimbursement in any
manner or nature.
INDEMNITY
All users and/or members herein agree to insure and hold Hoss & Duke’s Pet Food, LLC, our
subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not
liable for any claim or demand, which may include, but is not limited to, reasonable attorney fees
made by any third party which may arise from any content a member or user of our site may
submit, post, modify, transmit or otherwise make available through our Services, the use of
Services or your connection with these Services, your violations of the Terms of Service and/or
your violation of any such rights of another person.
COMMERCIAL REUSE OF SERVICES
The member or user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit
for any commercial reason any part, use of, or access to ‘s sites.
USE AND STORAGE GENERAL PRACTICES
You herein acknowledge that Hoss & Duke’s Pet Food, LLC may set up any such practices and/or
limits regarding the use of our Services, without limitation of the maximum number of days that
any email, message posting or any other uploaded content shall be retained by Hoss & Duke’s
Pet Food, LLC, nor the maximum number of email messages that may be sent and/or received
by any member, the maximum volume or size of any email message that may be sent from or
may be received by an account on our Service, the maximum disk space allowable that shall be
allocated on Hoss & Duke’s Pet Food, LLC’s servers on the member’s behalf, and/or the
maximum number of times and/or duration that any member may access our Services in a given
period of time. In addition, you also agree that Hoss & Duke’s Pet Food, LLC has absolutely no
responsibility or liability for the removal or failure to maintain storage of any messages and/or
other communications or content maintained or transmitted by our Services. You also herein
acknowledge that we reserve the right to delete or remove any account that is no longer active for
an extended period of time. Furthermore, Hoss & Duke’s Pet Food, LLC shall reserve the right to
modify, alter and/or update these general practices and limits at our discretion.
MODIFICATIONS
Hoss & Duke’s Pet Food, LLC shall reserve the right at any time it may deem fit, to modify, alter
and or discontinue, whether temporarily or permanently, our service, or any part thereof, with or
without prior notice. In addition, we shall not be held liable to you or to any third party for any
such alteration, modification, suspension and/or discontinuance of our Services, or any part
thereof.
TERMINATION
As a member of https://www.hossanddukespetfood.com, you may cancel or terminate your
account, associated email address and/or access to our Services by submitting a cancellation or
termination request to Rhonda@HossandDukesPetFood.com.
As a member, you agree that Hoss & Duke’s Pet Food, LLC may, without any prior written notice,
immediately suspend, terminate, discontinue and/or limit your account, any email associated with
your account, and access to any of our Services. The cause for such termination, discontinuance,
suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or
guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part
thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with your
https://www.hossanddukespetfood.com account Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and
or limitations of access for cause shall be made at our sole discretion and that we shall not be
liable to you or any other third party with regards to the termination of your account, associated
email address and/or access to any of our Services.
The termination of your account with https://www.hossanddukespetfood.com shall include any
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Hoss & Duke’s Pet Food, LLC shall not be held
responsible or liable for any loss or damage of any nature or manner incurred as a direct result of
any such dealings or as a result of the presence of such advertisers on our website.
LINKS
Either Hoss & Duke’s Pet Food, LLC or any third parties may provide links to other websites
and/or resources. Thus, you acknowledge and agree that we are not responsible for the
availability of any such external sites or resources, and as such, we do not endorse nor are we
responsible or liable for any content, products, advertising or any other materials, on or available
from such third party sites or resources. Furthermore, you acknowledge and agree that Hoss &
Duke’s Pet Food, LLC shall not be responsible or liable, directly or indirectly, for any such damage
or loss which may be a result of, caused or allegedly to be caused by or in connection with the
use of or the reliance on any such content, goods or Services made available on or through any
such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Hoss & Duke’s Pet Food, LLC’s Services and any
essential software that may be used in connection with our Services (“Software”) shall contain
proprietary and confidential material that is protected by applicable intellectual property rights and
other laws. Furthermore, you herein acknowledge and agree that any Content which may be
contained in any advertisements or information presented by and through our Services or by
advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws.
Therefore, except for that which is expressly permitted by applicable law or as authorized by Hoss
& Duke’s Pet Food, LLC or such applicable licensor, you agree not to alter, modify, lease, rent,
loan, sell, distribute, transmit, broadcast, publicly perform and/or created any plagiaristic works
which are based on Hoss & Duke’s Pet Food, LLC Services (e.g. Content or Software), in whole
or part.
Hoss & Duke’s Pet Food, LLC herein has granted you personal, non-transferable and nonexclusive rights and/or license to make use of the object code or our Software on a single
computer, as long as you do not, and shall not, allow any third party to duplicate, alter, modify,
create or plagiarize work from, reverse engineer, reverse assemble or otherwise make an attempt
to locate or discern any source code, sell, assign, sublicense, grant a security interest in and/or
otherwise transfer any such right in the Software. Furthermore, you do herein agree not to alter or
change the Software in any manner, nature or form, and as such, not to use any modified
versions of the Software, including and without limitation, for the purpose of obtaining
unauthorized access to our Services. Lastly, you also agree not to access or attempt to access
our Services through any means other than through the interface which is provided by Hoss &
Duke’s Pet Food, LLC for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF HOSS & DUKE’S PET FOOD, LLC SERVICES AND SOFTWARE ARE AT
THE SOLE RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED
ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. HOSS & DUKE’S PET FOOD, LLC
AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES
OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) HOSS & DUKE’S PET FOOD, LLC AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH
WARRANTIES THAT (i) HOSS & DUKE’S PET FOOD, LLC SERVICES OR SOFTWARE
WILL MEET YOUR REQUIREMENTS; (ii) HOSS & DUKE’S PET FOOD, LLC SERVICES
OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE;
(iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE HOSS
& DUKE’S PET FOOD, LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR
OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT
ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY
WAY OF HOSS & DUKE’S PET FOOD, LLC SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS
AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER
AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY
LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH
INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT
MAY BE OBTAINED BY YOU FROM HOSS & DUKE’S PET FOOD, LLC OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR WHILE
USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A PREVIOUSLY
UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO
HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU,
ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU EXPERIENCE ANY OF THE
FOLLOWING SYMPTOMS WHILE USING OUR SERVICES: DIZZINESS, ALTERED
VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT HOSS & DUKE’S PET
FOOD, LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF
ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN
THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES
MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Hoss & Duke’s Pet Food, LLC (and its
officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and
any other third parties) from claims, demands and damages (actual and consequential) of every
kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed,
arising out of or in any way connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Hoss & Duke’s Pet Food, LLC’s content is provided primarily for informational
purposes, and no content that shall be provided or included in our Services is intended for trading
or investing purposes. Hoss & Duke’s Pet Food, LLC and our licensors shall not be responsible or
liable for the accuracy, usefulness or availability of any information transmitted and/or made
available by way of our Services, and shall not be responsible or liable for any trading and/or
investment decisions based on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF
SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO
YOU.
RIGHTS
The website’s content cannot be copied and displayed anywhere else on the internet.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this
TOS, that there shall be no third-party beneficiaries to this agreement.
NOTICE
Hoss & Duke’s Pet Food, LLC may furnish you with notices, including those with regards to any
changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text
messaging, postings on our website Services, or other reasonable means currently known or any
which may be herein after developed. Any such notices may not be received if you violate any
aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of
this TOS constitutes your agreement that you are deemed to have received any and all notices
that would have been delivered had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Hoss & Duke’s Pet Food, LLC
trademarks, copyright, trade name, service marks, and other Hoss & Duke’s Pet Food, LLC logos
and any brand features, and/or product and service names are trademarks and as such, are and
shall remain the property of Hoss & Duke’s Pet Food, LLC. You herein agree not to display and/or
use in any manner the Hoss & Duke’s Pet Food, LLC logo or marks without obtaining Hoss &
Duke’s Pet Food, LLC’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Hoss & Duke’s Pet Food, LLC will always respect the intellectual property of others, and we ask
that all of our users do the same. With regards to appropriate circumstances and at its sole
discretion, Hoss & Duke’s Pet Food, LLC may disable and/or terminate the accounts of any user
who violates our TOS and/or infringes the rights of others. If you feel that your work has been
duplicated in such a way that would constitute copyright infringement, or if you believe your
intellectual property rights have been otherwise violated, you should provide to us the following
information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The Hoss & Duke’s Pet Food, LLC Agent for notice of claims of copyright or other intellectual
property infringement can be contacted as follows:
Telephone: (407)967-0926
Email: Rhonda@HossandDukesPetFood.com
CLOSED CAPTIONING
BE IT KNOWN, that Hoss & Duke’s Pet Food, LLC complies with all applicable Federal
Communications Commission rules and regulations regarding the closed captioning of video
content. For more information, please visit our website at https://www.hossanddukespetfood.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Hoss & Duke’s Pet Food, LLC and
shall govern the use of our Services, superseding any prior version of this TOS between you and
us with respect to Hoss & Duke’s Pet Food, LLC Services. You may also be subject to additional
terms and conditions that may apply when you use or purchase certain other Hoss & Duke’s Pet
Food, LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Hoss & Duke’s Pet Food, LLC with regard to the
TOS that the relationship between the parties shall be governed by the laws of the state of Florida
without regard to its conflict of law provisions and that any and all claims, causes of action and/or
disputes, arising out of or relating to the TOS, or the relationship between you and Hoss & Duke’s
Pet Food, LLC, shall be filed within the courts having jurisdiction within the County of Osceola,
Florida or the U.S. District Court located in said state. You and Hoss & Duke’s Pet Food, LLC
agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any
and all objections to the exercise of jurisdiction over the parties by such courts and to venue in
such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Hoss & Duke’s Pet Food, LLC fail to exercise or enforce any right or provision
of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of
this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree
that the court should endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to
your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently
deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Hoss & Duke’s Pet Food, LLC as follows:
Telephone: (407)967-0926
Email: Rhonda@HossandDukesPetFood.com
The following is for Hoss & Duke’s Pet Food, LLC wholesale customers only.
This WHOLESALE AGREEMENT (the “Agreement”) contains the terms and conditions that apply to your participation as a Wholesale Customer of Hoss & Duke’s Pet Food, LLC, and in reselling Hoss & Duke’s Pet Food, LLC products regardless of the venue. As used in this agreement, “we”, “us”, “our”, “manufacturer”, or Hoss & Duke’s Pet Food means Hoss & Duke’s Pet Food, LLC, and “you”, “your”, or “retailer” means the wholesale applicant, and “product” means any Hoss & Duke’s products offered for sale by us on the HossandDukesPetFood.com web site.
WHEREAS, Retailer has assured Manufacturer that Retailer is an established business organization with the techniques, knowledge, experience and resources necessary for the resale of the products available for purchase on HossandDukesPetFood.com to customers (as defined below) in accordance with the terms and conditions hereinafter set forth; and WHEREAS, the Parties desire to enter into this Agreement upon the terms hereinafter set forth so as to promote the sale of the Products as set forth herein.
NOW, THEREFORE, in consideration of the premises and mutual covenants herein contained, the Parties hereby agree as follows:
ARTICLE 1 – GRANT OF RETAILER RIGHTS
Manufacturer hereby grants to Retailer, and Retailer accepts, the non-exclusive right to market, and sell the Products via a brick and mortar establishment, and/or the Retailers owned website. Retailer must provide a valid street address, working phone number, a copy of Retailer’s Resale Certificate for Sales Tax. A working website URL must also be given if the method of marketing is via the internet. Nothing in this Agreement shall be deemed to prohibit any other reseller, dealer, agent, representative or distributor from selling any Product or any other product or service of Manufacturer to any customer. Manufacturer retains the right to continue to sell the Products within the Territory to retail and e-commerce establishments with which it is currently conducting business, or with which contact has been previously made or commitments to sell have been established. Manufacturer may advise all establishments with which it is conducting business located within the Territory that they will now have the option to purchase the Products from the Retailer should they so desire. Retailer shall not distribute, resell, solicit sales of, or promote the sale of Products to internet sites, e-commerce businesses and/or online marketplaces such as Amazon, Chewy, Walmart or Jet (“Third-Party Sites”). If Manufacturer discovers that Retailer has violated such prohibition, Manufacturer may provide Retailer with notice of such violation and may immediately terminate this Agreement or prohibit sales to any such account. If Retailer is notified by Manufacturer or becomes aware by any other means that it is violating this provision and does not remedy within 3 business days, then Retailer will pay to Manufacturer $250.00 per SKU sold on or through Third-Party Sites by Retailer as liquidated damages.
ARTICLE 2 – PAYMENT TERMS
Minimum purchase of Products by Retailer is $200.00 per order. Due to shipping constraints, any orders over 25 bags will be subject to an additional shipping charge regardless of order total at checkout. Retailer will be notified prior to shipment of additional charges. Manufacturer shall have the right to change the price of any Products by making the price change live on the purchasing sites. Unless otherwise specified, prices do not include taxes and other charges. All taxes, import duties, sales, use or privilege taxes, value-added taxes, excise or similar taxes, duties or assessments, shipping, handling, insurance, brokerages, and other related charges levied by any jurisdiction pertaining to the Products, other than taxes computed on the basis of net income to Manufacturer, shall be paid by the buyer.
Retailer shall pay all invoices Net 30. Net 30 – Payment due in 30 days from invoice date. All retailers that wish to pay by invoice must first receive permission. If, however, buyer wishes to pay via credit card, payment will be made when order is placed.
Buyer shall pay interest on all late payments at the lesser of the rate of 1.5% per month or the highest rate permissible under applicable law, calculated daily and compounded monthly. Buyer shall reimburse Seller for all costs incurred in collecting any late payments, including, without limitation, attorneys’ fees. In addition to all other remedies available under these Terms or at law (which Seller does not waive by the exercise of any rights hereunder), Seller shall be entitled to suspend the delivery of any Goods and/or Services if Buyer fails to pay any amounts when due hereunder and such failure continues for ten (10) days following written notice thereof.
Buyer shall not withhold payment of any amounts due and payable by reason of any set-off of any claim or dispute with Seller, whether relating to Seller’s breach, bankruptcy or otherwise.
ARTICLE 3 – ACCEPTANCE
Shipping Terms. Delivery shall be made FOB Delivery Point.
Delivery of the goods will be delivered within a reasonable time after the receipt of an Order, subject to availability of finished Goods. Seller shall not be liable for any delays, loss or damage in transit. Retailer shall submit in writing to Manufacturer any and all claims for shortages or failure to meet specifications within 48 hours of receipt of Products. Upon verification, Manufacturer agrees to supply the missing and/or non-conforming Product in question at its expense, or credit Retailer for the price paid or payable to Manufacturer for such Product, as Retailer’s sole and exclusive remedy for the claim. If no notice is received in the specified period, the Products will be deemed to have been accepted.
ARTICLE 4 – RETURNS
Manufacturer will accept product returns of unused merchandise in its original state for up to thirty (30) days from the date of purchase. Refunds will be subject to a 25% restocking fee. The shipping costs are not refundable and return shipping with proper insurance is the responsibility of the Retailer. Refunds will be made using the same payment method as the original order charge. Retailer is responsible for refunding all monies for products returned by customer to Retailer if a refund policy is offered by Retailer. Products should be returned to Retailer not Manufacturer. Retailer may contact Manufacturer for possible reimbursement to Retailer, up to current wholesale price, in the event of a customer return.
ARTICLE 5 – RECALL
In the event either Manufacturer or Retailer becomes aware of any information which reasonably supports a conclusion that a hazard may exist in any Product and the defect could cause death or bodily injury to any person, animal or property damage (“Hazard(s)”), the Party becoming aware of this information shall notify the other party of the Hazard. Whenever possible, notification to the other party shall precede notice to any governmental agency, unless required by law. In the event of government mandated recalls or voluntary recalls in response to a Hazard, Retailer agrees (i) that Manufacturer will have the right to determine the need for any remedial action; (ii) to fully cooperate at its own expense with Manufacturer with respect to any investigation, including obtaining information from Retailer’s customers, etc. Retailer shall not make any public announcements, press releases, recall announcements and/or communications with governmental authorities with respect to any Hazard or recall without Manufacturer’s prior written consent.
ARTICLE 6 – GENERAL
The only warranties applicable to the Products are the express limited warranties to consumers issued by Manufacturer. The Retailer shall pass through all such warranties to its customers. Retailer shall not make any additional warranties with respect to any Product. Retailer is an independent contractor and not an agent, partner or joint venture of Manufacturer. Retailer does not have any right or authority to contract for, bind or otherwise obligate Manufacturer in any manner.
The term of this agreement will begin upon Manufacturer’s acceptance of your application and will end when terminated by either party. Either party may terminate this agreement, with or without cause. Manufacturer may modify any of the terms and conditions contained in this Agreement, at any time, and at its sole discretion. Notice of any change by email or posting on our site of a change notice or a new agreement, is considered enough notice. All such modifications will take effect 48 hours after notice is provided, unless indicated otherwise. If any modification is unacceptable to you, your only recourse is to terminate this Agreement. Retailer’s continued participation in the Agreement, following notification, will constitute binding acceptance of the change.
ARTICLE 7 – PERFORMANCE EXPECTATIONS
Retailer will not make any misrepresentation with respect to any Product or embellish the capabilities of any Product or the warranties for such Product.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights to your ID and/or contents within your account shall terminate upon your death. Upon receipt of a
copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
ARTICLE 8 – MAP POLICIES
All retailers will adhere to MSRP and MAP prices set forth by manufacturer. MAP and MSRP list available upon request.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within 1 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this Wholesale Agreement to Hoss & Duke’s Pet Food, LLC as follows:
Telephone: (407)967-0926
Email: Rhonda@HossandDukesPetFood.com
