Last Update: March 2nd, 2022
- Intellectual Property Notices
All content on the Services, including the logo, articles, documents, designs, specifications, other text and graphics on the Site (collectively, the “Site Content”) is the intellectual property of Underdog. The Site Content available on these Services is protected by trademark, trade dress, copyright, and patent laws of the U.S. The Site Content may not be copied, imitated, used, or disseminated in whole or in part, without the prior written permission of Underdog. You may view, print, copy, and download portions of the Site Content solely in connection with your use of the Services, and solely for your own individual, internal, non-commercial use or records. Underdog reserves the right to revoke this authorization at any time.
You may not reverse engineer, decompile, modify, reproduce, distribute, publish, or disassemble any software except and only to the extent that such activity is expressly permitted by Underdog.
- Service Eligibility
You represent and warrant that you (a) are not under the age of 18; (b) have not previously been suspended or removed by Underdog; (c) are not a direct competitor of Underdog; (d) that you have full power and authority to enter into this Agreement and in doing so will not violate any other agreement to which you are a party; and (e) that you understand that the use of the Services is at your own risk. The Services may not be appropriate or functional for use outside the United States of America and Canada. Users located outside the United States and Canada use Underdog understanding this limitation.
- General Terms and Conditions
You must provide correct and complete personal and business information as requested by us in the Underdog registration process. As part of your use of the Services, you may be required to submit certain content (including any name, contact information, business information, and other personal information) (“User Content”). By submitting any information to us, you represent and warrant that such submission is accurate, complete, current, and is not in violation of any contractual restrictions or other third party rights.
Underdog exercises no control over any content you or others submit while using the Services. While we reserve the right to, we are not obligated or responsible for monitoring, editing, screening, or removing any content you or others submit while using the Services. Underdog has no obligation to verify the identity of any users when they access the Site or to supervise the content which has been provided by users. We may update our policies and practices from time to time at our sole discretion. Should you believe that someone is misusing or otherwise misappropriating your information, you must immediately inform Underdog by contacting us at email@example.com.
You are responsible for the security of your password and user ID. Keep your password confidential, do not use other users’ accounts and do not let others use your account; you are responsible for anything that happens through your account even without your permission.
You are prohibited from selling, trading or otherwise transferring your Underdog account, any rights that run with the account, or any information therein to another party or charging anyone for access to any portion of the Services, or any information therein.
You are prohibited from registering or creating an account for any entity or individual other than yourself, unless you are expressly authorized to create accounts on behalf of the entity or individual.
You acknowledge and agree that when you purchase merchandise from Underdog, or provide contact information to Underdog via the Site, we may send you information and notices regarding our Services by email or through other means. You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Services.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this Agreement; (c) respond to claims of a violation of the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of Underdog, its users and the public.
- Prohibited Conduct
You expressly agree to refrain from doing, either personally or through an agent, any of the following:
- Use any device, a robot, spider, script, automated process, or manual process or other means to harvest information about other users, or any content from the Services.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item or process to the Services that in any way affects the use, enjoyment or service of the Services.
- Transmit, install, upload or otherwise transfer any virus, malware, or other item to the Services that in any way affects the use, enjoyment or service of any user’s or Underdog employee’s computer or other medium used to access the Services.
- Transmit, install, upload or otherwise transfer any material to the Services that is fraudulent, inaccurate, offensive, violent, lewd, salacious, explicit, discriminatory, illegal, infringing, hateful, pornographic or sexually suggestive. Underdog reserves the sole discretion to determine the nature of the material.
- Transmit, install, upload or otherwise transfer to the Services any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights).
- Modify the information, including headers, found on the Services.
- Transmit, install, upload or otherwise transfer to the Services any unauthorized advertisement or communication, including but not limited to spam, and phishing emails.
- Engage in any action that imposes an unreasonable or disproportionately large load on the Services, or that Underdog determines is detrimental to the use and enjoyment of the Services.
- Use the Services for any unlawful or defamatory means.
- Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest.
- Purchases, Return & Refund Policy
With respect to items sold by Underdog, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of the items in our catalog may be mispriced. If an item’s correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
We generally do not charge your credit card until after your order has entered the shipping process.
The purchases, returns and refunds regarding any merchandise purchased from Underdog are governed by the TERMS AND CONDITIONS OF SALE AND WARRANTY.
Any payments made to Underdog via the Site shall be subject to Shopify payments.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS UNDERDOG AND ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, OFFICERS, DIRECTORS, AGENTS, LICENSORS, DIRECTORS, SUPPLIERS, OTHER PARTNERS, EMPLOYEES AND REPRESENTATIVES FROM ANY CLAIM OR DEMAND, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY TO OR ARISING OUT OF YOUR USE OF THE SITE, OR YOUR USE OF OR CONNECTION TO THE SERVICES (INCLUDING ANY USE BY YOU ON BEHALF OF A THIRD PARTY). WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO PARTICIPATE IN OR ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
WE RESERVE THE RIGHT TO DENY SERVICE TO ANYONE, AT ANY TIME, AND FOR ANY REASON, AS ALLOWED BY LAW, OR FOR ANY OTHER REASON.
- DISCLAIMER OF WARRANTIES
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
YOUR USE OF THE SITE, THE SITE CONTENT, AND ANY SERVICES, IS AT YOUR SOLE RISK UNLESS OTHERWISE EXPLICITLY STATED. SITE, THE SITE CONTENT, AND ANY SERVICES, ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. UNDERDOG DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. UNDERDOG MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE USEFULNESS QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF THE SITE, THE SITE CONTENT, AND ANY SERVICES.
UNDERDOG MAKES NO WARRANTY OR REPRESENTATION THAT: (a) THE SITE, THE SITE CONTENT, OR ANY SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (b) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR ANY SERVICES WILL BE ACCURATE OR RELIABLE; (c) THE QUALITY OF ANY PRODUCTS, SERVICES, SITE CONTENT, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED FROM THE SITE WILL MEET YOUR EXPECTATIONS OR REQUIREMENTS; OR (d) ANY ERRORS IN THE SITE, THE SITE CONTENT, OR ANY SERVICES, WILL BE CORRECTED. IN PARTICULAR, THE SITE’S OPERATION MAY BE MOMENTARILY INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR TECHNICAL IMPROVEMENTS. UNDERDOG DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, UNDERDOG DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SITE, THE SITE CONTENT, OR ANY SERVICES, DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES LINKED TO THE INTERNET SERVICE PROVIDER, TO THE SATURATION OF THE INTERNET NETWORK, OR FOR ANY OTHER REASON.
YOU ASSUME ALL RISK FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM OBTAINING ANY SITE CONTENT FROM UNDERDOG, INCLUDING ANY DAMAGES RESULTING FROM COMPUTER VIRUSES.
UNDERDOG IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS EMAILS, POSTING OF COMMENTS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE SERVICES TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SITE, THE SITE CONTENT, OR ANY SERVICES, WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE SITE, OR IN CONNECTION WITH THE SITE CONTENT, OR ANY SERVICES MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED TO US SUCH MATERIAL, SERVICE, OR TECHNOLOGY.
UNDERDOG DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS USING THE SITE, THE SITE CONTENT, OR ANY SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE SITE, THE SITE CONTENT, OR ANY SERVICES BY OTHER USERS; THEREFORE, UNDERDOG DECLINES ALL LIABILITY FOR INACCURATE INFORMATION; FRAUD; NEGLIGENCE; WILLFUL MISCONDUCT; OR ANY OTHER INAPPROPRIATE USE OF UNDERDOG.
Underdog does not guarantee and is not obligated to guarantee the availability, accessibility, or usability of THE SITE, THE SITE CONTENT, OR ANY SERVICES. Underdog, in our sole discretion, may interrupt the availability, accessibility, or usability of THE SITE, THE SITE CONTENT, OR ANY SERVICES, without notice, at any time, without any liability.
- LIMITATION OF LIABILITY
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
TO THE FULL EXTENT PERMITTED BY LAW, UNDERDOG IS NOT LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, REVENUE, PROFITS, GOODWILL, USE, DATA, ELECTRONICALLY TRANSMITTED ORDERS, OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF OR IN CONNECTION WITH UNDERDOG, EVEN IF UNDERDOG HAS PREVIOUSLY BEEN ADVISED OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH DAMAGES, HOWEVER THEY ARISE, WHETHER IN BREACH OF CONTRACT OR IN TORT (INCLUDING NEGLIGENCE), INCLUDING WITHOUT LIMITATION DAMAGES DUE TO: (a) THE USE OF OR THE INABILITY TO USE THE SITE, THE SITE CONTENT, OR ANY SERVICES; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SITE OR ANY SERVICES; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE OR ANY SERVICES, INCLUDING WITHOUT LIMITATION UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, MALICIOUS OR CRIMINAL BEHAVIOR, OR FALSE OR FRAUDULENT TRANSACTIONS; OR (d) SITE CONTENT OR INFORMATION YOU MAY DOWNLOAD, USE, RELY UPON, MODIFY OR DISTRIBUTE.
- Termination of Service
We reserve the right, at our sole discretion, to terminate any and all service provided to you at any time without notice for any reason. We also reserve the right, at our sole discretion, to discontinue any service or modify any service without notice, at any time, and without liability. We reserve the right, at our sole discretion, to terminate services to you, and to deactivate your account. We shall not be liable to you or any third party if we terminate your account and you agree to hold us harmless and indemnify us from any third party claims arising from the termination of your account. You agree that any material breach of this Agreement will result in irreparable harm to Underdog for which damages would be an inadequate remedy and, therefore, in addition to its rights and remedies otherwise available at law, Underdog will be entitled to equitable relief, including both a preliminary and permanent injunction, if such a breach occurs. You waive any requirement for the posting of a bond or other security if Underdog seeks such an injunction.
- Advertisements and Promotions
Underdog may run advertisements and promotions from third parties on the Services. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Underdog found on or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Underdog is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such non-Underdog advertisers on the Services.
- Third Party Content
You may find links to other Internet sites or resources on the Site, the Site Content, or the Services. You acknowledge and agree that Underdog is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any of the Site Content, advertising, products, or other materials on or available from such sites or resources. Underdog will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such Site Content, goods or services available on or through any such site or resource.
- Use of Third Party Applications
From time to time, Underdog uses third party applications, hardware, software, and services in providing functionality to you. For the purposes of providing functionality to you—including but not limited to email delivery, calendar sharing, and user use data — Underdog will pass data—including, but not limited to, user login credentials, contact data, email addresses, payment information, and other stored — to third parties. Underdog is not required to disclose third parties involved in any of the above described transactions or features.
- Controlling Law
- Entire Agreement