Terms and 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.

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 Beechwood Barkery, located in St Paul, MN 55116 in association with the use of the website, which includes https://www.beechwoodbarkery.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 Beechwood Barkery 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.

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, we 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, Beechwood Barkery 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 Beechwood Barkery Services, or any portion thereof. It is Beechwood Barkery’s priority to ensure the safety and privacy of all its visitors, users and members, especially that of children. 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 Beechwood Barkery Online Privacy Policy (see the full Privacy Policy). As a member, you herein consent to the collection and use of the information provided to Beechwood Barkery.

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 Beechwood Barkery immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Beechwood Barkery 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.

INDEMNITY
All users and/or members herein agree to insure and hold Beechwood Barkery, our 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 Beechwood Barkery‘s sites.

MODIFICATIONS

Beechwood Barkery 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 www.beechwoodbarkery.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 topdog@beechwoodbarkery.com.

As a member, you agree that Beechwood Barkery 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 www.beechwoodbarkery.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 www.beechwoodbarkery.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 Beechwood Barkery 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.

PROPRIETARY RIGHTS

You do hereby acknowledge and agree that Beechwood Barkery’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 Beechwood Barkery 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 Beechwood Barkery Services (e.g. Content or Software), in whole or part.

RELEASE

In the event you have a dispute, you agree to release Beechwood Barkery (and its officers, directors, employees, agents, 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.

RIGHTS

The website’s content cannot be copied and displayed anywhere else on the internet.

TRADEMARK INFORMATION

You herein acknowledge, understand and agree that all of the Beechwood Barkery trademarks, copyright, trade name, service marks, and other Beechwood Barkery logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Beechwood Barkery. You herein agree not to display and/or use in any manner the Beechwood Barkery logo or marks without obtaining Beechwood Barkery’s prior written consent.

GENERAL INFORMATION

ENTIRE AGREEMENT

This TOS constitutes the entire agreement between you and Beechwood Barkery and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Beechwood Barkery Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Beechwood Barkery Services, affiliate Services, third-party content or third-party software.  Important: Never leave pet unattended with any treat or toy!

CHOICE OF LAW AND FORUM

It is at the mutual agreement of both you and Beechwood Barkery with regard to the TOS that the relationship between the parties shall be governed by the laws of the state of Minnesota 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 Beechwood Barkery, shall be filed within the courts having jurisdiction within the County of Ramsey, Minnesota or the U.S. District Court located in said state. You and Beechwood Barkery 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 Beechwood Barkery 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.

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

REFUND POLICY

Beechwood Barkery delivers handmade treats for pups that are baked fresh for each order.  Because we cannot guarantee that our treats have not been tampered with after they leave our bakery, we cannot accept returns for food items for safety reasons. If your pup was unsatisfied about a specific treat or flavor please contact us at topdog@beechwoodbarkery.com and we will do our best to make it right.