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Last Updated: May 4, 2017

  1. ABOUT

WELCOME TO HOUNDAND.CO! Please read these Terms of Use (“Agreement" or “Terms") carefully before using our website Houndand.co (“Site") and/or use our applications and services (collectively, “Services"). As used in these Terms, the terms “Hound & Co", “we", “us", “our", refer to Hound & Co, a Delaware Limited Liability Corporation, and the terms “you", “your" refer to you, the Sellers and Buyers of our Site and Services. By using any of our Services, you agree to be bound by, and use our Services in compliance with these Terms of Use.

You agree to comply with all laws regarding online conduct and acceptable content. You are responsible for all applicable taxes payable as a result of your activity on the Site. In addition, you agree to abide by Hound & Co's policies as stated in this Agreement and listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Hound & Co.

We may make changes to these Terms from time to time. When we do, we will revise the “last updated" date given above. It is your responsibility to review these Terms frequently and to remain informed of any changes to them. The then-current version of these Terms will supersede all earlier versions. You agree that your continued use of our Services after such changes have been published to our Services will constitute your acceptance of such revised Terms.

  1. HOUND & CO IS A VENUE

Hound & Co is a virtual venue that is in the business of providing a network of responsible small and medium business sellers for purchasers of unique, artisanal, and handmade dog products. And in connection, therewith, has established a website and service business for identification and uniting of responsible sellers with purchasers.

Hound & Co is not directly involved in the transaction between buyers and sellers. As a result, we do not ensure that the buyer or seller will actually complete a transaction. We cannot guarantee the quality, legality, authenticity or safety of any products listed or the accuracy of the listings. You agree that Hound & Co is a venue and is not responsible, nor shall be held liable for the transactions that occur as a result of usage of the website.

  1. USER ELIGIBILITY

Our services are only available to individuals who can form a legally binding contract between a buyer and seller under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. Hound & Co may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and may change its eligibility criteria at any time without notice to you. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Users under the age of 18 can participate if they are supervised at all times by a parent or legal guardian over the age of 18. At that time, the adult is the user and assumes all responsibility for all activities. As a user you are responsible for providing true and accurate information about yourself and business on the Site's registration form.

3.1 Privacy Policy: We may collect registration and other information about you through our Services. Our collection and use of this information is governed by our Privacy Policy.

  1. FEES AND BILLING

Joining and setting up a shop on Hound & Co is free. When a seller signs up for Stripe Payment Processing, Hound & Co charges a percentage of the sale when the item sells, 4%. When a seller signs up for Paypal Payment Processing, Hound & Co does not pull the 4% transaction fee until the end of your monthly billing cycle. At that time, we bill you 4% of your month's total sales (shipping and tax not included). If you do not have enough money in your PayPal account to make the payment, you'll receive an email from us notifying you that the transaction failed and you need to add funds to your account. If you fail to add funds to your account, your store is automatically suspended until sufficient funds are added. All transactions are processed by either Paypal or Stripe

Hound & Co's fee policy, is subject to change and incorporated into these terms as reference. As a seller and buyer, you are responsible for paying all fees and applicable taxes associated with using Hound & Co. Unless otherwise stated, all fees are quoted in US Dollars (USD).

4.1 Fees & Termination: When you pay for an item in the Hound & Co Marketplace, you will be able to pay with your debit, credit card, or Paypal account upon checking out. Please note, each store chooses the payment method that will be available in their store.

When you are ready to checkout, go to your cart and make sure to select which payment method you would like to use before you proceed.

4.2 Fees & Termination II: Stripe shall collect all proceeds from a sale, deposit them into an escrow maintained by Stripe, and remit the portion of such proceeds due to Seller less the amounts to which Hound & Co is entitled pursuant to this Agreement. Stripe will pay Seller by transfer any funds Seller is due under this Agreement for items sold no later than fourteen (14) days after each sale. To read more about Stripe please visit their Agreement, https://stripe.com/us/connect-account/legal.

A Credit Card Processing Fee from Stripe of 2.9% of the transaction value plus $.30 per transaction will be added to the Seller Service fees set forth in this section. All transaction fees charged by Stripe or PayPal are the responsibility of the Seller.

4.3 Taxes: Seller is responsible for all taxes, including any city, county, state, or federal taxes related to the Hound & Co Services, but not including that portion of Fees retained by Hound & Co. Seller is solely responsible for including all applicable taxes in the Product Sale Price and for remitting appropriate taxes to the proper tax authorities for each Product Type. Sales tax is based on shipping location. For instance, if a seller in the state of New York sets a tax rate for New York, a California state buyer wouldn't be charged tax. As a venue, Hound & Co can't provide specific tax advice-it's up to each Seller to research their local laws about collecting and reporting taxes for their Hound & Co sales. Tax regulations can vary greatly by location.

4.4 Chargebacks: Any Chargebacks Hound & Co receives from its merchant bank in connection with the Sale, shall be the responsibility of the Seller. Hound & Co reserves the right to hold the Account Balance due, deduct Chargebacks from Settlements or to bill Seller for up to twelve (12) months after the occurrence of a Sale.

4.5 Currency Conversion: Currency conversion to United States Dollars ("USD"), is subject to the exchange rate established by our payment processors, Stripe and Paypal. Currency prices vary daily. When you Google a currency conversion rate or look it up on an informational website, the rate displayed is called the "mid-market rate". This is the average between the prices at which people are buying and selling the currency—the actual rate varies throughout the day and includes markups to the rate from financial institutions.

This is all to say that when Stripe and Paypal does a currency conversion on your behalf, funds will usually be converted at a rate approximately 2% above the daily mid-market rate. You can look up the actual conversion for a particular charge in your Stripe Dashboard and Paypal Dashboard in real-time.

4.6 Earnings: Once a seller has made their first charges on Hound & Co, their first transfer will be initiated and should post within 7 days. Note: this is 7 days after their first charge and not 7 days after they create your account. The exact timing of their first transfer can vary depending on many factors. If a seller has not received their funds by 7 days after their first charges, they should verify that the transfer hasn't failed for some reason and that their bank account information has been entered correctly.

After their first charge, transfers are made daily and are composed of the payments that were processed two days prior (business days). Example: September 5th charges are deposited by September 7th, and September 6th charges are deposited by September 8th. This schedule is different for every country. To learn more about receiving earnings, please visit Stripe: http://bit.ly/2b96sU8. Please note that all deposits are done automatically. You can also check your deposit schedule under your Stripe dashboard > Transactions > Transfers.

In order to check on the details of your earnings, please go to https://connect.stripe.com and sign into your account. If you would like to view a simple overview of your income and other shop earnings, please go to ACCOUNT > My Shop > Orders. For any questions, please do not hesitate to contact us.

  1. LISTING AND SELLING

5.1 Listing Description: Hound & Co provides a platform for shoppers and independent sellers to buy and sell goods. Sellers may only list products and conduct sales transactions for items they are legally able to sell. All items listed on Hound & Co must be for sale. Sellers must accurately describe each item and all terms of sale in your Hound & Co shop. Sellers' listings may only include content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing. If the “in stock" quantity is more than one, all items in that listing must be identical. Each unique item must have its own listing. Any item that does not meet these criteria will be removed at Hound & Co's discretion and be evaluated for possible termination of the account. Hound & Co reserves the right to remove content which is deemed to be inappropriate, damaging, harmful or illegal.

5.2 Shop Policies: All sellers that choose to open a shop are urged to create and post a list outlining the shop policies for their Hound & Co shop. These policies should include, but are not limited to: shipping and handling fees, return policy, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must conform with Hound & Co's site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies. Hound & Co reserves the right to request that a seller modify a shop policy. In the event that shop policies conflict with the Terms of Hound & Co, the Terms will supersede any shop policies.

5.3 Binding Sale: Sellers are responsible for accurately listing their items, and buyers are responsible for reading the description of items before making a purchase. The transaction between buyer and seller shall be considered a legally binding contract between those two parties. Hound & Co shall not be held liable for any breach of contract arising from the sale of items on the Site. The seller is responsible for the safe delivery of the sale item(s). The buyer is responsible to deliver appropriate payment for items purchased, in accordance with the policies and terms set forth by the seller.

5.4 Fee Avoidance: Fee avoidance, which is prohibited by Hound & Co's Terms, includes any action taken by the seller in order to avoid paying a transaction fee.

  • The seller will not attempt to transition any transaction off site, to another channel or to any other commerce outlet to avoid paying Hound & Co transaction fees.
  • Messaging a user via messaging and directing them to buy or sell an item outside of Hound & Co's marketplace.
  • Sellers may not use excessive shipping charges or other costs to offset Hound & Co transaction fees.
  1. RESOLUTION OF DISPUTES

For disputes between users and Hound & Co, please contact Hound & Co directly through one of the posted channels available to all users. Our customer service personnel are standing by to assist.

In the event a dispute arises between you and another user or a third party, Hound & Co will be considered free of any and all claims, damages or demands created by the dispute.

  1. PROHIBITED ITEMS

Hound & Co.'s Site is intended for the sale of unique, artisanal, and handmade dog products. You may not sell anything that does not fit into these categories. We do not allow resellers or mass-produced items on Hound & Co, even if these fall into the realm of the accepted categories. Hound & Co reserves the right to not list a product in our sole discretion. Here is a list of prohibited items on Hound & Co:

  • Explosives
  • Firearms
  • Dangerous Chemicals
  • Any item that which in whole or in part is subject to a recall.
  • Stolen Items
  • Fireworks
  • Adult material, erotica, or pornography inclusive of any material unsuitable for children under the age of 18.
  • Drugs
  • Alcohol
  • Tobacco
  • Mass produced electronics
  • Protected antiquities
  • Real estate
  • Ivory or animal products from endangered species collected illegally
  • Motor vehicles, or parts for motor vehicles or recreational vehicles
  • Items that violates Terms of Service or Terms of Use
  • Any item or service that violates applicable local, state, federal, or international law in regard to manufacturing, distributing, advertising, or transporting said item.
  • items not in your possession or items you don't intend to deliver
  • Illegal, counterfeit or contraband items of any sort.
  • Items, materials or products that are copyrighted, trademarked or patented by another party.
  • Pirated materials.
  • Replica items, including designer items.
  • Personal data or information.
  • Items or products that carry or transmit hidden code or signals with the intention of causing harm or tracking personal or transactional information of any sort.
  • Misrepresented items or products.
  • Harmful, harassing, intimidating or defamatory materials, products or items.
  • Hazardous materials, products, or items.
  • Prostitution or other similar services.
  • Any product or service that Houndand.co determines to be inappropriate, harmful, fraudulent, or illegal.
  • Mature items intended for adults due to language or imagery that falls outside of the traditional acceptable standards for broadcast television that are not properly identified as “mature" in the listing process.
  1. INTELLECTUAL PROPERTY

8.1 Ownership: Hound & Co owns all content on this Site such as, but not limited to, domains, graphics, images, photography, copy, text, video, audio, and button icons. This content is the property of Hound & Co or its content suppliers and is protected by all applicable U.S. intellectual property laws. All content on the Site that is not the property of Hound & Co is used with permission.

8.2 Seller's Content: All content posted on or submitted to Hound & Co by the seller shall remain Seller's sole and exclusive property, and Seller shall be solely responsible for its content and the consequences of posting or publishing it. When Seller posts content on Hound & Co, Seller agrees to give Hound & Co a worldwide, limited, non-transferable, non-exclusive license to use such content owned in connection with its provision of the Services to Seller, solely for the purpose of operating, maintaining, marketing, evaluating, and improving the Services provided to Seller.

8.3 Digital Millennium Copyright Act (DMCA) Notice: Hound & Co respects the intellectual property of Sellers and others. It may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users of Seller who repeatedly infringe upon others' rights. If a Seller believes that its work has been copied in a way that constitutes copyright infringement, or that its intellectual property rights have been otherwise violated, Seller will provide the following information to the Company's copyright agent:

  • An Electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  • A description of the copyrighted work or other intellectual property that Seller claims has been infringed;
  • A description of where infringing material is located on the Hound & Co Site;
  • Address, telephone number, and email address of Seller
  • A statement by Seller that has a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  • A statement by Seller, made under penalty of perjury, that the above information in Seller's notice is accurate and that Seller is the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner's behalf.
  • The Company's agent for notice of claims of copyright or other intellectual property infringement can be reached as follows:

By Mail:

Hound & Co

cc Laura Truitt

11 Windsor Way

Morristown, NJ 07960

by email: support@houndand.co

  1. LIMITATION OF LIABILITY

IN NO EVENT SHALL HOUND & CO, AND (AS APPLICABLE) HOUND & CO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR HOUND & CO'S SUPPLIERS,LICENSORS, AND CONTRACTORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, HOUND AND CO'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

HOUND & CO'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF HOUND & CO'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES,SUPPLIERS, LICENSORS, AND CONTRACTORS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO HOUND & CO IN THE 6 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100.

  1. INDEMNITY

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD US, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND REPRESENTATIVES AGAINST AND HOLD HARMLESS FROM ANY AND ALL CLAIMS, DAMAGES, ACTIONS, LOSSES, LIABILITIES, COSTS AND EXPENSES, FORESEEN OR UNFORESEEN, OF ANY KIND, INCLUDING REASONABLE ATTORNEY FEES, IMPOSED ON, INCURRED BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR USAGE OF THE SITE, YOUR BREACH OF THESE = AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

  1. WARRANTY

YOU ACKNOWLEDGE AND CONFIRM THAT THESE TERMS AND CONDITIONS AND THE USE OF THIS SITE DOES NOT CONSTITUTE A CONTRACT FOR THE SALE OF GOODS, BUT IS LIMITED TO HOUND & CO PROVIDING TO YOU THE SERVICES DESCRIBED IN THESE TERMS AND CONDITIONS. SELLERS HEREBY WARRANT TO BUYERS AND TO HOUND & CO THAT SELLERS HAVE GOOD AND MARKETABLE TITLE TO THE PRODUCTS THEY POST ON THE SITE. HOUND & CO MAKES NO WARRANTIES OR REPRESENTATIONS WHATSOEVER. YOU EXPRESSLY WAIVE ANY EXPRESS OR IMPLIED WARRANTY OF HOUND & CO WITH RESPECT TO ANY PRODUCTS OR SERVICES PURCHASED ON THE SITE, INCLUDING, BUT NOT LIMITED TO (I) ANY WARRANTY OF TITLE, (II) ANY IMPLIED WARRANTY OF MERCHANTABILITY, (III) ANY IMPLIED WARRANTY OF THE TRADE, (IV) ANY IMPLIED WARRANTY OF NON-INFRINGMENT, AND (V) ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE. IN NO EVENT SHALL HOUND & CO HAVE ANY LIABILITY FOR DAMAGES AS A RESULT OF ANY SELLER'S PRODUCTS OR SERVICES SHOWN OR SOLD ON THE SITE, AND YOU HEREBY WAIVE ANY ACTIONS AGAINST HOUND & CO AND RELEASE HOUND & CO FROM ANY LOSS, COST, DAMAGE OR EXPENSE ARISING FROM OR IN ANY WAY RELATED TO ANY PRODUCTS OR SERVICES THAT YOU MAY PURCHASE FROM THIS SITE.

  1. LEGAL NOTICE

Enforcement of these Terms will be governed by the laws of the State of Delaware, excluding its conflict and choice of law principles. The exclusive jurisdiction and venue for any claims arising out of or related to these Terms or your use of the Services or Service Content will lie in the state and federal courts located within the State of Delaware, and you irrevocably agree to submit to the jurisdiction of such courts. Our failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. In the event that a court of competent jurisdiction finds any provision of these Terms to be illegal, invalid, or unenforceable, the remaining provisions will remain in full force and effect.

  1. GENERAL

We will not be liable for any failure or delay in performance due to circumstances beyond OUR reasonable control, including but not limited to acts of God, war, strikes or labor disputes, embargoes, government orders or any other force majeure event.

By providing us with your email address, you agree to receive communications from us in electronic form and that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be made in writing.

These Terms, together with any amendments and any additional agreements you may enter into with us in connection with the Services, shall constitute the entire agreement between you and Hound & Co concerning the Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.