User Agreement

BearDog Inc.

BearDog Inc. User Agreement

Introduction

Welcome to BearDog. By using BearDog (including BearDogInc.com and BearDogRecords.com and its related sites, services and tools), you agree to the following terms with BearDog Inc. and the general principles for the websites of our subsidiaries and international affiliates. If you have any questions, please refer to our help section.

This Agreement is effective on August 15, 2011, for current users, and upon acceptance for new users.

Scope

Before you may become a member of BearDog, you must read and accept all of the terms in, and linked to, this User Agreement and the BearDog Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you agree that this User Agreement and Privacy Policy will apply whenever you use BearDog sites or services, or when you use the tools we make available to interact with BearDog sites and services. If you use another BearDog site, you agree to accept the User Agreement and Privacy Policy applicable to that site. Some BearDog sites, services and tools may have additional or other terms that we provide to you when you use those sites, services or tools.

Using BearDog

While using BearDog sites, services and tools, you will not:

  1. post content or items in an inappropriate category or areas on our sites and services;
  2. violate any laws, third party rights or our policies;
  3. use our sites, services or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services or tools;
  4. fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity;
  5. fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity;
  6. manipulate the price of any item or interfere with other users' listings;
  7. circumvent or manipulate our fee structure, the billing process, or fees owed to BearDog;
  8. post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
  9. take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the sites or using it for purposes unrelated to BearDog);
  10. transfer your BearDog account (including feedback) and User ID to another party without our consent;
  11. distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
  12. distribute viruses or any other technologies that may harm BearDog, or the interests or property of BearDog users;
  13. export or re-export any BearDog tools except in compliance with the export control laws of any relevant jurisdictions;
  14. copy, modify or distribute rights or content from the BearDog sites, service or tools or BearDog's copyrights and trademarks; or
  15. Harvest or otherwise collect information about users, including email addresses, without their consent.

Abusing BearDog

BearDog and the Community work together to keep our sites and services working properly and safe. Please report problems, offensive content, and policy violations to us.

Without limiting other remedies, we may limit, suspend or terminate our service and user accounts, prohibit access to our sites and their content, services and tools, delay or remove hosted content, and take technical and legal steps to keep users off the sites if we think that they are creating problems or possible legal liabilities, infringing the intellectual property rights of third parties, or acting inconsistently with the letter or spirit of our policies (for example, and without limitation, policies related to shill bidding, conducting off-BearDog transactions, feedback manipulation, circumventing temporary or permanent suspensions or users who we believe are harassing our employees or other users). Additionally, we may, in appropriate circumstances and at our discretion, suspend or terminate accounts of users who may be repeat infringers of intellectual property rights of third parties. We also reserve the right to cancel unconfirmed accounts or accounts that have been inactive for a long time, or to modify or discontinue BearDog sites, services or tools.

Buyer Protection

Buyers and sellers share the responsibility for making sure purchases facilitated by BearDog are exciting, rewarding and hassle-free. We strongly encourage buyers to work with sellers before opening a claim relating to a purchase. Buyers and sellers agree to follow the requirements of the BearDog Buyer Protection Policy with respect to claims. BearDog Buyer Protection covers only claims filed in accordance with the BearDog Buyer Protection Policy, not claims filed with Authorize.net. We may suspend the BearDog Buyer Protection Policy without notice if we suspect abuse or interference with the proper working of the program.

We require BearDog sellers to comply with our resolution process. Buyers and sellers permit us to make a final decision, in our sole discretion, on any claim that a buyer files with BearDog under the BearDog Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will refund the buyer for the full cost of the item (including any applicable sales taxes) and the original shipping, and we will require the seller to reimburse us for the amount due to the buyer. Without limiting the foregoing, sellers may not have to pay a reimbursement for a BearDog claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described).

Changing a reimbursement method will not affect BearDog's use of a payment method on file for other purposes (such as payment of your BearDog fees). If sellers do not provide BearDog with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict sellers from trading on our sites until payment is made.

  1. Correcting Mistakes in Payments to Buyers or Sellers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the erroneous BearDog Buyer Protection refund or reimbursement.

Holds

To protect against the risk of liability, BearDog has at times requested, and may continue to request, that Authorize.net hold seller funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, or the filing of a BearDog Buyer Protection claim. Authorize.net has held, and will continue to hold, seller funds pursuant to the terms of the Authorize.net User Agreement, Authorize.net policies and any other agreement entered into between Authorize.net and its users. 

Fees and Services

Joining and using beardog is free. Products sold are usually not free.

CASH BACK BENEFITS AND BEARDOGLARS.

To receive your BEARDOGLARS, you must be a member in good standing and make all of your purchase through the BearDog websites to the featured retailers' websites. You will then receive credit for your purchases.

 The BEARDOGLARS  you accumulate by shopping at our participating Stores, may be redeemed 2 times a year (May 15, and November 15) after the BEARDOGLARS have been made available to you for withdrawal. You can request to have a rebate check mailed to you or request that these accumulated cash benefits be kept in your BEARDOGLAR account.

Note:

If you do not make a request for funds, or have not responded to our Request to send you your Funds after 2 Years and you have a minimum of $25 we will assume that you have forfeited your Cash-Back Earnings.

Such referenced credits up for forfeiture for purchases are also known as BEARDOGLARS CREDIT AND the CASH BACK benefits

The restrictions are as follows:

1. (YOU MUST HAVE A MINIMUM OF $25.00 IN YOUR BEARDOGLARS ACCOUNT TO RECEIVE A REBATE CHECK).

2. You must keep receipts/invoices from the participating online stores. Since we rely on participating online stores to report purchases to us, members must realize that the stores may not report your purchase to us if they determine that your purchase did not qualify for, or did not comply with this contract or additional terms disclosed on the store’s site, or if the store determines that you were not referred to the store by our websites.

We may also disqualify reported purchases based on our own determination that you have not complied with this contract or the terms disclosed on the store’s site. Please review the exclusions carefully. You may be taxed on your accrual of BEARDOGLARS, depending on the amount of BEARDOGLARS you accrue and the tax laws in your jurisdiction.

The Member will be solely responsible for all tax liability arising out of your accrual or redemption of BEARDOGLARS.

3. There are no limits to the amount of BEARDOGLARS you may accumulate. (ALL PROCESSING FEES WILL BE PAID BY BearDog Inc.)

Disclaimer:  OUR PARTICIPATING STORES ARE NOT RESPONSIBLE FOR THE OPERATION OF OUR PROGRAM, NOR ARE SAID RETAILERS OBLIGATED TO FURNISH PAYMENT TO OUR MEMBERS. THIS AGREEMENT IS MADE ENTIRELY BETWEEN BEARDOG INC. AND OUR PARTICIPATING MEMBERS.

4. BEARDOGLAR SAVINGS ON PURCHASES WILL NOT BE EARNED WHERE:

    (a) You close your browser or open the store's web site in a different web browser or tab;

    (b) You click away from the store after clicking on an eligible advertisement;

    (c) Your browser is not configured to accept cookies;

    (d) the purchase is not completed in the same web browser access though BEARDOG Web Sites, within 15 days in which you click on the eligible advertisement or listing;

   (e) The order is later canceled or the goods or services are later returned;

   (f) The store does not report the purchase to us;

   (g) The goods or services are acquired for resale or other business purposes;

   (h): you purchase gift cards or gift certificates;

   (i) You make a purchase from yourself or from entities that you control or are otherwise in collusion with other people; or

   (j) Purchase must not be made with a gift card or gift certificate as part of the payment method.

To participate in the service you must set up a BEARDOGLAR account by providing all of the required registration information.

You must keep this account information up to date, accurate and secure.

You may not barter trade or otherwise exchange your account or maintain more than one account.

We will describe the BEARDOGLARS savings available for associated qualifying purchases. Participating stores are responsible for reporting qualifying purchases (and related returns, refunds and/or coupon use) to us. Within ten business days after a qualifying purchase is reported to us, we will list the purchase in your account with a status of "pending." The purchase will stay in pending status for a period of 45 days up to 60 days. To account for returns, refunds, fraud and other processing issues.

After this point, if the purchase is eligible for our cash back savings program, it will be marked as "available" in your account and the associated savings will be eligible for redemption as described below.  

You must ensure that we have properly posted savings to your account. It is your responsibility to contact us within six months after the date of the associated purchase has been made if you believe that you have earned savings that are not posted to your account. Please keep all your paperwork regarding your purchases from our participating merchants as we may require reasonable documentation to support your claim.

What are BEARDOGLARS?

BEARDOGLARS are the dollar amount of CASH-BACK earnings from on-line purchases. These CASH-BACK earnings are the percent (%) of returns, from products brought though the BearDog Inc. Site before any Shipping, or Sale Taxes charged.

PLEASE REMEMBER:
. BEARDOGLARS have no monetary value until the associated purchases are approved and you make a proper redemption request.

 . You may request redemptions from your account, subject to then-current amount available. Redemptions can be requested in two ways;

      (1) By purchases made online though the BearDog web sites, for Participating Items sold exclusively by BearDog Inc;

      (2) For cash: Said redemption checks will be offered at any time after the BEARDOGLARS have been made available to you for withdrawal. You can also request to have a check twice a year by mail, May 15, and November 15. (See other redemption option below)

There may be additional limitations for redeeming savings on purchases from certain stores, and those limitations will be disclosed on the store site.

ADDITIONAL REDEMPTION OPTION:

If you HAVE BEEN A MEMBER FOR TWO YEARS; who has kept His or Her membership for 12 consecutive Months, (WITHOUT A WITHDRAWAL) and have a minimum of ($500.00) in your Account, we will pay you the Standard Minimum Percent Rate, of Interest, on that account.

Disclaimer:

  1. You are responsible for any tax liability from your participation in the service.
    2. We may disqualify transactions, reverse previously paid
    BEARDOGLARS savings, refuse redemptions and /or close your account at any time if you participate in any fraud or abuse relating to the service (including, without limitation, conducting "sham" transactions or otherwise colluding with merchants), make any misrepresentation in connection with your participation in the service, maintain multiple accounts, or do not otherwise comply with this contract.

NON-QUALIFYING PURCHASES ARE LISTED BELOW:

Air Flights
Car/Truck/Van Rentals:
Charity Donations
Cruises Lines
Downloads: (included but not limited to: Music, Wallpapers, Screen savers, Ring Tunes, Videos)
Gift Cards / Certificate
Investments
Marketing
Reward Points
Search Engines
Social Network Sites
Theater Tickets
Toolbars
Vacations Packages
Web Base / Online Games

AFFILIATES STORES.

We are Responsible ONLY, for Products that we personally sell though the BearDog Inc. and BearDogRecords.com websites.

Any products or services through Our Affiliated Stores will be responsible for the transfer of legal ownership of goods to you from their Affiliated Store. Our websites are intended to facilitate your acquisition of products and services directly from the Affiliated Stores that provide those products and services.
We, as BearDog Inc., are in no way involved in or responsible for the transfer of legal ownership of goods to you from the Affiliated Store. Each Affiliated Store shall maintain a separate contractual relationship with you under which the Affiliated Store shall provide its products or services to you.

In the event that you have a dispute with one or more Affiliated Stores, you release BearDog Inc. (and its officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and/or purchases of products or services made from Affiliated Stores.
Any costs and fees due from you to an Affiliated Store shall be your sole and exclusive obligation and the collection of such fees shall be the sole and exclusive obligation of the Affiliated Store. BearDog Inc. shall neither be obligated to pay, guarantee or otherwise insure the collection or payment of, or indemnify an Affiliated Store or you for the nonpayment or payment of, any fee or other charge assessed or charged by an Affiliated Store to you for any product or service offered and sold by an Affiliated Store through Our Membership Program.
We are in no way responsible and make no representation or warranty of any kind, either express or implied, as to whether, (
EXCEPT FOR OUR PERSONAL PRODUCTS THAT ARE SOLD THROUGHOUT OUR SITES): (1) an Affiliated Store is licensed or authorized to provide the products or services it is offering; (2) the quality, identity or reliability of any Affiliated Store; (3) the fairness or accuracy of any information, terms and conditions, including price, offered by an Affiliated Store; (4) the quality, safety, or legality of the products or services offered by an Affiliated Store; (5) an Affiliated Store is in good financial condition or has a good reputation and business practices; (6) and We makes no representation as to whether any Affiliated Store will complete any transaction for any product or service.

BearDog Inc. does not control and is not responsible for any information or offers provided by or collected throughout an Affiliated or including such Affiliate Store’s website.
Affiliated Stores may be added to or dropped from the Membership Program from time to time. BearDog Inc. will do its best to ensure that all members are credited with their earned
BEARDOGLARS before an Affiliate Store is removed,or when the decision to drop an Affiliate Store is made at Our discretion. However, we are not responsible for changes to, or the discontinuance of, any Affiliated Store, or any Affiliated Store’s withdrawal from the Program, which may affect purchases, made through the Affiliate Store or the awarding of BEARDOGLARS.

Disclaimers:

  A. BearDog Inc. will post an updated list of those “Affiliated Stores” who are no longer participating in our program.

  B. Members should be checking the BearDog website and their own accounts minimally on a monthly basis to keep them updated on “news” from the website and the accuracy of accounts entries.


Content

When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.

For the convenience of sellers, we may offer catalogs of stock images, descriptions and product specifications that are provided by third parties (including BearDog users). You may use catalog content solely in connection with your BearDog listings during the time your listings are on BearDog's sites.

While we try to offer reliable data, we cannot promise that the catalogs will always be accurate and up-to-date, and you agree not to hold our catalog content providers or us responsible for inaccuracies in catalogs. If you choose to include catalog content in your listings, you continue to be fully responsible for your listings and for ensuring that your listings are accurate, do not include misleading information, and comply with this User Agreement and all BearDog policies. The catalogs may include copyrighted, trademarked or other proprietary materials. You agree not to remove any copyright, proprietary or identification markings included with the catalogs or create any derivative works based on catalog content (other than by including them in your listings).

Limitation of Liability

You will not hold BearDog responsible for other users' content, actions or inactions, items they list or their destruction of allegedly fake items. You acknowledge that we are not a traditional auctioneer. Instead, our sites are venues to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and locations, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. While we may help facilitate the resolution of disputes through various programs, we have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of users’ content or listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction or return an item. For certain categories, particularly Motor vehicles and Real Estate, a bid or offer initiates a non-binding transaction representing a buyer’s serious expression of interest in buying the seller’s item and does not create a formal contract between the buyer and the seller.

We do not transfer legal ownership of items from the seller to the buyer. California Commercial Code § 2401(2) and Uniform Commercial Code § 2-401(2) applies to the transfer of ownership between the buyer and the seller, unless the buyer and the seller agree otherwise. Further, we cannot guarantee continuous or secure access to our sites, services or tools, and operation of our sites, services or tools may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill or reputation, or any special, indirect or consequential damages arising, directly or indirectly, out of your use of or your inability to use our sites, services and tools.

Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.

Regardless of the previous paragraphs, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) any amounts due under the BearDog Buyer Protection Policy up to the full cost of the item (including any applicable sales tax) and its original shipping costs, (b) the total fees (under BearDog Fees and Services) you paid to us in the 12 months prior to the action giving rise to the liability, and (c) $100.

Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

Access and Interference

The sites contain robot exclusion headers. Much of the information on the sites is updated on a real-time basis and is proprietary or is licensed to BearDog by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the sites for any purpose without our express hand written permission.

Additionally, you agree that you will not:

  1. take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
  2. copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the sites without the prior express written permission of BearDog and the appropriate third party, as applicable;
  3. interfere or attempt to interfere with the proper working of the sites, services or tools, or any activities conducted on or with the sites, services or tools; or
  4. Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the sites.

Listing Conditions

By listing an item on BearDog’s sites, you agree to pay BearDog’s fees for such, assume full responsibility for the content of the listing and item offered, and accept the following listing conditions: When you list an item on BearDog’s sites, your listing will be posted on BearDog’s sites and can be viewed in My BearDog. Your listing may not be immediately searchable by keyword or category for several hours (or up to 24 hours in some circumstances), so BearDog can’t guarantee exact listing durations. Where your listing appears in search and browse results may be based on certain factors including listing format, title, bidding activity, end time, keywords, price and shipping cost, feedback, and detailed seller ratings. You can read more about where your listings appear in search and browse results in BearDog’s Help Pages.

Privacy

We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the BearDog Privacy Policy. We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the BearDog Privacy Policy. If you object to your information being transferred or used in this way please do not use our services.

Indemnity

You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

No Agency

No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

Notices

Except as explicitly stated otherwise, legal notices shall be served on BearDog's national registered agent (in the case of BearDog) or to the email address you provide to BearDog during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Legal Disputes

If a dispute arises between you and BearDog, our goal is to provide you with a neutral and cost effective means of resolving the dispute quickly. Accordingly, you and BearDog agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or our services (a "Claim") in accordance with one of the subsections below or as we and you otherwise agree in writing. Before resorting to these alternatives, we strongly encourage you to first contact us directly to seek a resolution by going to the About Contacting Customer Support help page. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation.

  1. Law and Forum for Legal Disputes - This Agreement shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against BearDog must be resolved exclusively by a state or federal court located in Los Angeles County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California for the purpose of litigating all such claims or disputes.
  2. Arbitration Option - For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, the party requesting relief may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
  3. Improperly Filed Claims - All claims you bring against BearDog must be resolved in accordance with this Legal Disputes Section. All claims filed or brought contrary to the Legal Disputes Section shall be considered improperly filed. Should you file a claim contrary to the Legal Disputes Section, BearDog may recover attorneys' fees and costs up to $1000, provided that BearDog has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

Additional Terms

The following policies, including all policies referenced in them, are part of this Agreement and provide additional terms and conditions related to specific services offered on our sites:

Each of these policies may be changed from time to time. Changes take effect when we post them on the BearDog site. When using particular services on our sites, you are subject to any posted policies or rules applicable to services you use through the sites, which may be posted from time to time. All such policies or rules are hereby incorporated into this User Agreement.

General

BearDog Inc. is located at 246 S. Sparks St., Burbank, CA 91506. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. In our sole discretion, we may assign this Agreement in accordance with the Notices Section. Headings are for reference purposes only and do not limit the scope or extent of such section. Our failure to act with respect to a breach by you or others doesn't waive our right to act with respect to subsequent or similar breaches. We do not guarantee we will take action against all breaches of this Agreement.

We may amend this Agreement at any time by posting the amended terms on this site. Except as stated elsewhere, all amended terms shall automatically be effective 30 days after they are initially posted. Additionally, we will notify you through the BearDog Message Center. This Agreement may not be otherwise amended except in a writing hand signed by you and us. For purposes of this provision,”writing" doesn't include an email message and a signature doesn't include an electronic signature.

This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. The following Sections survive any termination of this Agreement: Fees and Services (with respect to fees owed for our services), Release, Content, Liability, Indemnity and Legal Disputes.

In accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at 1(888) 753-6381.

Other Questions: If your question has not been answered please visit Contact Us page so we can help you.