Terms & Conditions
The Black Dog Tavern Company, LLC
Terms and Conditions of Use
Effective September 6, 2023
Welcome to The Black Dog. Please read these Terms carefully, as they constitute a legal agreement between you and The Black Dog. These Terms include an arbitration provision that requires most disputes to be resolved through binding arbitration, as well as an agreement not to participate in any class action or similar proceeding relating to these Terms.
Background. The Black Dog Tavern Company, LLC (together with its affiliates, “The Black Dog”, “we”, “us”) provides, among other services, an online retail shopping experience to its customers through its website TheBlackDog.com and related sites (collectively, the “Site”). The Site and The Black Dog’s related services are referred to collectively as the “Services” and are provided to you subject to these Terms and Conditions of Use (these “Terms”).
Applicability of Terms.
- These Terms constitute a legal agreement between The Black Dog and the individual, company or other legal entity (“you,” “your”) using the Site or the Services. By using the Site or the Services, you represent that you have read, understand and agree to all of the provisions in these Terms and are of legal age to do so. If you use the Site or the Services on behalf of an organization, then you agree to these Terms on behalf of that organization, and you represent to The Black Dog that you have the authority to do so. If you do not agree to these Terms, then you must not use the Site or the Service, as applicable.
- Additional terms and conditions may apply to certain products or Services available through the Site or to other current or future services offered by The Black Dog or businesses affiliated with The Black Dog.
- If you or the organization you represent has entered into a separate, written customer agreement with The Black Dog, then the provisions of that agreement will take precedence over any conflicting provisions in these Terms for the duration of that agreement solely as to the subject matter of that agreement.
- Use of the Site and the Services is subject to The Black Dog’s privacy notice (the “Privacy Notice”).
Changes; Exception. The Black Dog reserves the right to revise these Terms from time to time by posting the revised Terms on the Site. The revised Terms will be effective immediately upon posting, with an updated effective date, except that the version of these Terms in effect at the time of any purchase made through the Site shall apply to such Purchase. By using the Site or the Services after any revised Terms have been posted, you signify your agreement to the revised Terms. The Black Dog reserves the right to change or remove the Site or any Services at any time without notice.
Use of the Site.
- The Site and its entire contents, features and functionality (including without limitation text, logos, button icons, images, audio and video clips, downloads, data compilations, designs, and software) are owned by The Black Dog and its licensors. The Black Dog and its licensors retain all right, title and interest (including all current and future worldwide rights under patent law, copyright law, trade secret law, trademark law, moral rights law and other similar rights) in and to the Site and all such contents, features and functionality, as well as all derivative works (as defined under the U.S. Copyright Act of 1976, as amended) of any of the foregoing.
- Subject to your continuing compliance with these Terms, The Black Dog grants you a limited, revokable, non-exclusive, non-sublicensable, royalty-free license solely to access and make personal use of the Site and Services. The Black Dog may revoke this license at any time in its sole discretion.
- The foregoing license does not include, and you are expressly prohibited from, any resale or commercial use of the Site or any of its contents, including without limitation any collection and use of any product listings, descriptions or pricing, whether on behalf of yourself or any other person or entity. Except for page caching as part of your browser’s normal operation, you agree not to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any portion of the Site or any materials on the Site without the express written consent of The Black Dog. You may not frame or use framing techniques to enclose any trademark, logo, or other content of the Site or other proprietary information of The Black Dog. You may not use any meta tags or other hidden text using The Black Dog’s name, trademarks or other proprietary information of The Black Dog.
- You also agree not to use the Site in any manner that could disable, overburden, damage or impair the Site or interfere with any other person’s use of the Site or the Services, or use any robot, spider or other automated means to access, monitor or copy any portion of the site, or introduce any virus, worm, trojan horse, or other malware or harmful technology, attack or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site.
- If you have established or have been assigned a user account, you agree to maintain the confidentiality of your user account credentials, to notify The Black Dog immediately upon becoming aware of or suspecting any unauthorized use of your user account, and not to allow others to use your login credentials. The Black Dog will not be responsible for any loss or damage arising from unauthorized access to the Site or the Services through your user account.
- If you request information from The Black Dog or otherwise provide information to The Black Dog through the Site, you represent to The Black Dog that all information provided by you is complete and accurate and that you have the right to provide such information. Any personal information you provide will be handled in accordance with the Privacy Notice.
Copyright Complaints. The Black Dog respects the intellectual property rights of others. If you believe that your work has been copied by us in a way that constitutes copyright infringement, please contact us at the address below and provide the following information:
- 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 you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Product Descriptions; Purchases. The Black Dog attempts to be as accurate as possible in its product descriptions, but we cannot and do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by us is not as described on the Site, your sole remedy is to return it to us in unused condition. Please see the Customer Service areas of the Site for contact information and details about returns and exchanges, mail-in orders, gift cards, answers to frequently asked questions and other information. Prices posted on the Site may be different from prices offered by us at our physical retail outlets and are subject to change without notice. Prices are exclusive of applicable taxes and shipping charges, which are calculated during checkout. Shipping dates are estimates and cannot be guaranteed, and we are not liable for delays in shipments. Products purchased through the Site are for personal use only, and by purchasing any such products, you agree not to resell or export such products.
Links. The Site may contain links to other websites or resources. Because we have no control over such websites and resources, you acknowledge and agree that The Black Dog is not responsible for the availability of such websites or resources and does not endorse and is not liable for any content, advertising, policies, products or other materials on or associated with such websites or resources or for your use of or reliance on any such websites or resources.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
- THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS, AND USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE BLACK DOG MAKES NO REPRESENTATION, WARRANTY, COVENANT, OR GUARANTEE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AS TO THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, ACCURACY, COMPLETENESS, AVAILABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WITHOUT LIMITING THE FOREGOING DISCLAIMER, THE BLACK DOG DOES NOT WARRANT THAT THE SITE OR ANY COMMUNICATIONS FROM THE BLACK DOG WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BLACK DOG OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, LICENSORS OR AGENTS, BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR RELATING TO THE SITE, THE SERVICES OR THESE TERMS.
- THE LAWS OF SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN IMPLIED WARRANTIES OR LIMITATIONS ON CERTAIN TYPES OF DAMAGES. TO THE EXTENT SUCH LAWS APPLY TO YOUR USE OF THE SITE OR THE SERVICES, SOME OR ALL OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER SUCH LAWS.
Governing Law; Disputes. This provision requires you and us to arbitrate certain disputes and limits the manner in which either party can seek relief. Please read it carefully. Arbitration prevents either party from suing the other party in court or from having a jury trial.
- These Terms shall be construed and enforced pursuant to the laws of the United States and the Commonwealth of Massachusetts without regard to conflict of laws principles. Any action, litigation or proceeding of any kind arising from or relating to these Terms, the Site or the Services that is not subject to arbitration shall be brought in the appropriate state or federal courts for the Commonwealth of Massachusetts having jurisdiction over the claim, and you irrevocably and unconditionally submit to the exclusive jurisdiction of such courts. You waive any right you may have to a trial by jury in respect of any legal action arising out of or relating to these Terms.
- Any controversy or claim arising out of or relating to these Terms, the Site or the Services, including any products offered by The Black Dog or purchased by you from The Black Dog, shall be settled by confidential arbitration administered in English in Boston, Massachusetts by a single arbitrator under the applicable arbitration rules of the American Arbitration Association. The arbitrator shall apply the governing law set forth in these Terms, including any applicable statute of limitations. Judgment on any award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Notwithstanding the preceding paragraph, nothing in these Terms shall prohibit The Black Dog from seeking injunctive or other equitable relief in any court of competent jurisdiction in order to enforce any intellectual property rights.
- To the fullest extent permitted by applicable law, whether the dispute is heard in arbitration or in court, no arbitration or claim under these Terms will be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the Site or the Services, and neither you nor we will commence against the other a class action, class arbitration, or other representative action or proceeding.
- Contact; Notices. If you have any questions or concerns about The Black Dog, the Site, the Services, these Terms or the Privacy Notice, please contact us at the address below. Any legal notice to us regarding these Terms must be sent to the address below. We may provide legal notice to you at any address you provide to us through the Site or the Services.
The Black Dog Tavern Company, LLC
735 Falmouth Road
Mashpee, Massachusetts 02469
Miscellaneous. These Terms, together with any policies and/or additional terms applicable to your use of the Site and the Services, if any, constitute the sole and entire agreement between you and The Black Dog with respect to your use of the Site and the Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such use. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. No amendment to or modification of these Terms is effective unless posted by The Black Dog on the Site or set forth in a separate writing and signed by an authorized representative of The Black Dog. No waiver by The Black Dog of any provision of these Terms shall be effective unless explicitly set forth in writing and signed by The Black Dog. No failure by The Black Dog to exercise, or delay by The Black Dog in exercising, any rights or remedies under these Terms shall operate or be construed as a waiver of such rights or remedies, nor shall any single or partial exercise of any right or remedy by The Black Dog preclude any other or further exercise by The Black Dog of that right or remedy or the exercise by The Black Dog of any other right or remedy. All rights and remedies provided in these Terms are cumulative and not exclusive, and the exercise by The Black Dog of any right or remedy does not preclude its exercise of any other rights or remedies that may now or subsequently be available at law, in equity, by statute, in any other agreement between the parties or otherwise. These Terms benefit solely you and The Black Dog, and there are no third party beneficiaries.