Terms of Service

Tempo and Tails – Terms of Service
Last updated: October 20, 2019

My Dog’s Bakery, LLC. (DBA Tempo and Tails) together with its affiliates and agents (“Tempo and Tails,” “we,” “us,” or “our”) welcomes you to our e-commerce and order management platform via our website at https://www.tempoandtails.com/ (the “Website”).  We provide you access to and use of the Website subject to the following terms of service, terms of sale, privacy policy, and our return policy (collectively, the “Terms”), which may be updated by us from time to time without notice to you.  

BY ACCESSING AND USING THE WEBSITE, YOU ACKNOWLEDGE THAT (1) YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE LEGALLY BOUND BY THESE TERMS, (2) YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH US, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF COMPANY YOU HAVE NAMED AS THE USER, AND TO BIND THAT COMPANY TO THE TERMS.  IF YOU DO NOT AGREE TO ANY OF THE TERMS, YOU MAY NOT ACCESS OR USE THE WEBSITE.  

If you accept or agree to the Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.  

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER.  THEY AFFECT YOUR LEGAL RIGHTS.  PLEASE READ THEM.

  • ACCESS AND USE.
ELIGIBILITY 

THIS WEBSITE IS INTENDED FOR USERS EIGHTEEN (18) YEARS OF AGE OR OLDER. IF YOU ARE UNDER EIGHTEEN YEARS OF AGE, DO NOT USE OR ACCESS THIS WEBSITE FOR ANY REASON AND PLEASE EXIT THIS WEBSITE IMMEDIATELY. ASK YOUR PARENT OR GUARDIAN TO ACCESS THIS WEBSITE FOR YOU.

YOU MUST BE OF LEGAL AGE REQUIRED BY THE STATE OR PROVINCE YOU ARE IN TO PURCHASE OUR PRODUCTS. IT IS YOUR RESPONSIBILITY TO KNOW WHETHER YOU ARE LEGALLY ABLE TO PURCHASE OUR PRODUCTS.

The Website is only available in the United States.  We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion thereof, including by closing or disconnecting your account, without notice and without reason.

Website Visitors.  Visitors to our Website, as the term implies, are people who do not register for an account, but want to explore the Website for informational purposes.  No login is required for visitors to the Website. Visitors can view all content and access all publicly-available features and functionality on the Website, and can contact us using the contact link on the Website.  

Account Access.  In order to purchase our products and services (collectively, “Products”), opt-in to recurring orders, and manage your orders, you will be required to establish an account on the Website.  We are under no obligation to accept any individual or entity as an account holder, and may accept or reject any registration in our sole and complete discretion.  

Registration.  To create an account, you will be prompted to create a user name, a password, and perhaps provide certain additional information that will assist in authenticating your identity when you logs-in in the future (collectively “Login Credentials”). When creating your account, you must provide true, accurate, current, and complete information.  Each user name and corresponding password can be used by only one account holder. You are responsible for maintaining the confidentiality of your account Login Credentials. You are fully responsible for all activities that are associated with your account (including but not limited to any purchases, use of the Website, or correspondence from your account to Tempo and Tails). You agree to immediately notify us of any unauthorized use or suspected unauthorized use of your account or any other breach of security. 

Usage Rights and Restrictions.  Subject to these Terms, Tempo and Tails grants you a limited, non-transferable, non-exclusive, license to access and use the Website solely for your internal business purposes. Tempo and Tails may terminate this license at any time for any reason.  Further, when using or accessing the Website, you agree that:

  • You will comply with all applicable laws in your use of the Website and will not use the Website for any unlawful purpose;
  • You will not access or use the Website to collect any market research for a competing business;
  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • You will not interfere with, or attempt to interrupt the proper operation of, the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any Content (as defined below), data, files, or passwords related to the Website through hacking, password or data mining, or any other means; 
  • You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Website;
  • You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Website;   
  • You will not use any robot, spider, scraper, or other automated means to access the Website for any purpose without our express written permission; 
  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; 
  • You will not allow anyone other than your employees and authorized representatives to access and use your account; 
  • You will not resell, distribute, or sublicense the Website or use it for the benefit of anyone other than you or your business; 
  • You will not remove or modify any proprietary markings or restrictive legends placed on the Website; and
  • You will not introduce, post, or upload to the Website any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, modify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aesthetic disruptions or distortions, the operation of the Website, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Website to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Website.

Modifications.  Tempo and Tails reserves the right, at any time, to modify, suspend, or discontinue the Website or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Website or any part thereof.

  • TERMS OF SALE

ORDERS

Order Acceptance. 
You may place orders for our Products on the Website.  The receipt of an order number or an email order confirmation does not constitute our acceptance of an order or a confirmation of an offer to sell. Tempo and Tails reserves the right, without prior notification, to limit the order quantity on any Product and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products on the Website are subject to change without notice. Tempo and Tails reserves the right, at its sole discretion, to refuse or cancel any order for any reason. You agree that by placing an order on the Website, you are entering into a binding contract with Tempo and Tails and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your purchases.  Your total price will include the price of the product plus any applicable sales tax; such state and local sales tax is based on the shipping address and the sales tax rate in effect at the time you purchase the product. We will charge tax only in states where the goods sold over the internet are taxable. 

ORDER CANCELLATION

Unshipped orders can be cancelled on the Website at any time up until the day before delivery. 

SHIPPING

Risk of Loss. 
Tempo and Tails uses reliable third-party carriers such as USPS to deliver our Products to you.  You are responsible for the cost of all shipping. All posted delivery times are approximations and actual delivery times may vary.  We are not liable for any damages (including, without limitation, any incidental or consequential damages) arising from failure to deliver or delay in delivering Products purchased through the Website.  Further, we are not responsible in the event that purchased Products are unable to be delivered to you due to an incorrect shipping address, your failure or refusal to accept delivery, or for any other reason.  If shipments are returned to us, we will attempt to contact you to arrange for re-delivery, and we reserve the right to impose additional shipping costs at our sole discretion. Notwithstanding the foregoing, Tempo and Tails does not guarantee that we will store or reship products to you once they are returned to our warehouse.  Title and risk of loss to the products will pass to you upon our delivery of such products to the shipping carrier. 

ERRORS

All descriptions, images, references, features, content, specifications, and prices of Products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. From time to time, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to Product descriptions, Product prices, promotions, offers, and availability. Tempo and Tails reserves the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders, if any information on the Website is inaccurate at any time without prior notice, even after you have received an order confirmation or shipping notification.  The inclusion of any Products on the Website does not imply or warrant that these Products will be available. Tempo and Tails reserves the right to revise our Product offerings and/or discontinue Products at any time without notice to you. We also reserve the right to limit quantities purchased, and to revise, suspend, or terminate an event or promotion at any time without notice (including after an order has been submitted or acknowledged).

Recurring Orders.  If you elect to purchase Products on a recurring basis, you may sign up for Product subscriptions on the Website.  When you order an eligible Product and enroll in a Product subscription, you will receive notice that your subscription has been created and that your first order will be processed. Your subscription will thereafter automatically create a new order according to your chosen delivery schedule, until you cancel your subscription by notice to Tempo and Tails through the Website. Prior to our processing of each subsequent order, you will receive an email notification of your estimated ship date and estimated pricing, unless you have opted out of receiving such notifications.  If you opt out of receiving such notifications, you do so at your own risk, and you will still be required to pay the then-current prices for the Products received. The amount charged for a recurring Product will be the price of that item on the Website at the time the order is processed (which may be different from the price of the Product at the time you enrolled in the Product subscription). The total cost charged to your payment method for each recurring order will be the price of the Product plus any applicable shipping charges, deposits, or credits, and sales tax.

By purchasing a Product subscription, you acknowledge and agree that Tempo and Tails, or our third-party payment processor, may submit monthly charges to your chosen payment method without further authorization from you, unless and until you provide us with notice (via your account on the Website) that you wish to cancel your subscription or modify your subscription.  You may cancel a Product subscription at any time; provided, however, that if an order has already been shipped at the time we receive your cancellation, you will be charged for such order. You accept responsibility for all recurring charges prior to cancellation, including, where applicable, any charges processed by us or our third-party payment processor after the expiration date of your payment card.  In the event that your payment method cannot be charged, Tempo and Tails will place your order on hold and send you a notification that the payment could not be executed.  Orders will not be fulfilled until paid for in full. 

Product subscriptions are good while supplies last.  Tempo and Tails reserves the right to change Product subscription benefits at any time at our sole discretion, including discount amounts and eligibility used to determine discount amounts. All changes will apply to future orders. We may, at our sole discretion, terminate your Product subscriptions at any time without notice. If we do so, you will only be charged for orders that have been shipped to you.

Returns.  We want all of our customers to be happy with Products purchased through our Website. If you are unhappy with your order, Tempo and Tails will accept Product returns subject to the terms of this Section returns, if received by us within the timeframes set forth below.  To initiate a return, please contact us via the Website. Based on the circumstances of the return, Tempo and Tails will determine, in its sole, reasonable discretion, if you are eligible for a return. After contacting us, if you are eligible for a return and are located within the continental United States, we will send you a prepaid shipping label which you will affix to the box for return shipping.  Customers outside of the continental United States are eligible for returns but shall not be entitled to free return shipping and shall not receive a prepaid shipping label. Upon our receipt of the Product at our warehouse, we will inspect the Product and process the return. After the return has reached our facility, please allow for 5-10 business days for the refund to be credited to your account. 

All Products may be returned within thirty (30) days of delivery. For all Products, refunds will only be given if the Product is in the same condition as when it left our warehouse (reasonable wear and tear due to transit excepted on a case-by-case basis at our discretion).  Products should be returned in their original packaging to the extent possible. Products must pass our inspection upon our receipt of the Products at our warehouse to be eligible for a return, and such determination shall be made by Tempo and Tails at our sole discretion.

If you are unable to comply fully with this return policy, you may not be entitled to a refund, in whole or in part, at our sole discretion.  Notwithstanding anything in this return policy, upon receipt of any order, you, or such other person accepting delivery at the delivery address, shall carefully inspect the shipment of Products for completeness and integrity.  Any quantity discrepancies, damage or other non-conformity must be noted to us within seventy two (72) hours of receipt by contacting us via the Website. Your exclusive remedy for any defect in delivery is limited, at our option, to return of the Product(s) for a refund, or replacement of the Product(s) within a reasonable time.

  • INTELLECTUAL PROPERTY.

The Website is protected by copyright, trademark, and other laws of the United States and foreign countries.  Except as expressly provided in these Terms, Tempo and Tails and our licensors exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights.  You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website.

The Website contains material, such as software, text, graphics, images, and other material provided by or on behalf of Tempo and Tails (collectively referred to as the “Content”).  The Content may be owned by us or third parties.  The Content is protected under both United States and foreign laws.  Unauthorized use of the Content may violate copyright, trademark, and other laws.  

You may view all Content for your own personal, non-commercial use.  No other use is permitted without the prior written consent of Tempo and Tails.  We and our licensors retain all right, title, and interest, including all intellectual property rights, in and to the Content.  You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  

The trademarks, service marks, and logos of Tempo and Tails (the “Tempo and Tails Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Tempo and Tails.  Other company, product, and service names located on the Website may be trademarks or service marks owned by third parties (the “Third-Party Trademarks,” and, collectively with Tempo and Tails Trademarks, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Tempo and Tails Trademarks inures to our benefit. 

Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors.  None of the Content may be retransmitted without our express, written consent for each and every instance.

If you or any permitted user under your account provides us with feedback, comments, and suggestions with respect to the Website or the Products (“Feedback”), you hereby agree that we will be free to use, reproduce, disclose, and otherwise exploit any and all such Feedback in perpetuity without compensation or attribution to you or any third party.  You represent and warrant to Tempo and Tails that any Feedback or other information that you provide to us via the Website or any other communication to Tempo and Tails that (i) the Feedback is your original creation (or that you otherwise have the right to provide the Feedback to Tempo and Tails), (ii) you have the rights necessary to grant the us the right to use the Feedback as described in this paragraph, and (iii) the Feedback and its use by Tempo and Tails and our content partners as permitted hereunder does not and will not infringe or misappropriate the intellectual property or moral rights of any third party.  You agree to defend, indemnify, and hold us and our owners, members, officers, directors, employees, agents, successors, licensees, licensors, and assigns harmless from and against any damages, liabilities, losses, expenses, claims, actions, and/or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of the representations and warranties in the immediately preceding sentence. 

  • NO WARRANTIES; LIMITATION OF LIABILITY; HEALTH INFORMATION. 

THE WEBSITE, AND ALL CONTENT, PRODUCTS, AND OTHER INFORMATION ON OR ACCESSIBLE FROM OR THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TEMPO AND TAILS DOES NOT WARRANT THAT: (1) THE INFORMATION ON THIS WEBSITE IS CORRECT, ACCURATE OR RELIABLE; (2) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; OR (3) DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKE THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE, THE PRODUCTS, OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES, NOT ATTRIBUTABLE TO PERSONAL INJURIES, THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE, THE PRODUCTS, OR THE CONTENT SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS (US $100).  

SOME JURISDICTIONS, INCLUDING THE STATE OF NEW JERSEY, DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.

NOTHING IN THESE TERMS SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU.   

Any statements on this Website or any materials or products we distribute or sell have not been evaluated by the Food and Drug Administration (“FDA”). Neither the Products nor the ingredients in any of the Products available on the Website have been approved or endorsed by the FDA or any regulatory agency. The Products on the Website are not intended to diagnose, treat, cure or prevent any disease. The information on this Website or other materials we may provide to you are designed for educational purposes only and are not intended to be a substitute for informed medical advice or care. This information should not be used to diagnose or treat any health problems or illnesses without consulting a doctor. 

  • COMPLIANCE WITH APPLICABLE LAWS.

The Website is based in the United States.  We make no claims concerning whether the Website is accessible, or whether Content may be downloaded, viewed, or be appropriate for use, outside of the United States.  Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. 

  • CONTROLLING LAW

These Terms and any action related thereto will be governed by the laws of the State of Colorado without regard to its conflict of laws provisions. 

  • BINDING ARBITRATION.  

In the event of a dispute arising under or relating to these Terms or the Website (each, a “Dispute”), either you or Tempo and Tails may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”).  Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER YOU OR TEMPO AND TAILS CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION.  ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by you and Tempo and Tails, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each of you and Tempo and Tails will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules.  Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.  The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.  The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 9 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. 

  • CLASS ACTION WAIVER.  

You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

  • EQUITABLE RELIEF.  

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms. We may, without waiving any other remedies under these Terms, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Colorado for purposes of any such action by us.

  • EXTERNAL SITES.  

The Website may contain links to third-party websites (“External Sites”).  These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites.  The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites.  We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs.  If you decide to access linked External Sites, you do so at your own risk.

PRIVACY POLICY

This section of the Terms constitutes our Privacy Policy and relates to the information collection and use practices of Tempo and Tails in connection with our Website.    

The Information We Collect and/or Receive.  In the course of operating the Website, Tempo and Tails will collect (and/or receive) the following types of information. You authorize us to collect and/or receive such information. 

  • Personal Information.  When you register for an account or purchase Products on the Website, you will be required to provide us with personal information about yourself, such as your name, email address, and shipping address (collectively, “Personal Information”).  We do not collect any Personal Information from you unless you provide us with the Personal Information voluntarily.  
  • Billing Information.  In order for us to process your payments, you will be required to provide certain billing information, such as your credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Billing Information”).  You authorize our third-party payment vendors to collect, process, and store your Billing Information in accordance with their respective privacy policies.  We reserve the right to change our payment vendor at any time, or to use additional payment vendors, at our discretion.  
  • Other Information.  In addition to the Personal Information and the Billing Information, we may collect or receive additional information (collectively, the “Other Information”).  Such Other Information may include:
  • From Your Activity.  In order to provide you certain features and functionalities of the Website, and in an ongoing effort to improve our Website, we automatically collect certain information when you use the Website, and integrate it with your other devices and services.  Such information may include, without limitation:
  • IP addresses, browser type and language, referring and exit pages and URLs, date and time, amount of time spent on the Website, what sections of the Website you visit, etc.;
  • information about a mobile device, including universally unique ID (“UUID”), platform type and version (e.g., iOS or Android), carrier and country location, hardware and processor information, and network type; 
  • activity and usage information occurring via the Website, including, without limitation, information about past purchases and Product preferences; and
  • information about your business that you may voluntarily provide to us during the registration process or from time to time in communications to us.
  • From Cookies.  We collect information using “cookie” technology.  Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit to our Website.  We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Website.  If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off on your computer or mobile device. Please consult your Internet browser’s documentation for information on how to do this and how to delete persistent cookies.  However, if you decide not to accept cookies from us, the Website may not function properly. 
  • Third-Party Analytics and Remarketing.  
  • We and the third-party technology providers, ad exchanges, ad networks, advertisers, agencies, and ad servers with which we work use third-party analytics services (such as Google Analytics) to evaluate your use of the Platform, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Website, and mobile and Internet usage.  These third parties use cookies and other technologies to help analyze and provide us the data. You consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Website.
  • For Google Analytics, please visit: https://www.google.com/analytics
  • For Facebook, please visit: https://www.facebook.com/about/privacy
  • For Mixpanel, please visit: https://mixpanel.com/privacy/ 
  • We also use one or more third-party remarketing services to advertise on third-party websites to previous visitors to our Website. These third-party remarketing service providers use cookies to serve ads based on a past visit to the Website. Any data collected by such third party remarketing service providers will be used in accordance with this Privacy Policy and the privacy policy of such third party remarketing services provider. For more information on such third party remarketing service providers, including how to opt out from certain data collection, please visit the following links:
  • For Google Adwords, you can set preferences for how Google advertises to you using the Google Ad Preferences page at https://adssettings.google.com/authenticated, and if you want to, you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.

How We Use and Share the Information.   You authorize us to use the Personal Information, the Billing Information, and the Other Information (collectively, the “Information”) to provide the Website, and to improve the same; to process transactions; to solicit your feedback; and to inform you about our Products and services and those of our promotional partners.  You also authorize us to use and/or share Information as described below.

  • We may, from time to time, share and/or license Information with or to other companies, who may provide you information about the products and services they or their partners offer.  However, to the extent required by law, you will be given the opportunity to opt-out of such sharing.
  • We will access, use, and share the Information as required to fulfill our obligations to you, provide you with support, and to address your questions or requests regarding our Website.
  • We may employ other companies and individuals to perform functions on our behalf.  Examples may include providing customer service, billing, and marketing assistance.  These other companies will have access to the Information only as necessary to perform their functions and to the extent permitted by law.
  • In an ongoing effort to better understand our customers and our Website, we may analyze certain Information in anonymized and/or aggregate form in order to operate, maintain, manage, and improve the Website, the Products, and our services.  This anonymous information does not identify you personally. We may use this anonymous information, and share and/or license it with and to our affiliates, agents, business and promotional partners, and other third parties. We may also disclose anonymous user statistics in order to describe our Website and business to current and prospective business partners and to other third parties for other lawful purposes.
  • We may share some or all of your Information with any of our parent companies, subsidiaries, joint ventures, or other companies under common control with us.
  • As we develop our businesses, we might sell or buy businesses or assets.  In the event of a corporate sale, merger, reorganization, sale of assets, dissolution, or similar event, the Information may be part of the transferred assets.
  • To the extent permitted by law, we may also disclose the Information: (i) when required by law, court order, or other government or law enforcement authority or regulatory agency; or (ii) whenever we believe that disclosing such Information is necessary or advisable, for example, to protect the rights, property, or safety of Tempo and Tails or others.

If Tempo and Tails intends on using your Information in any manner that is not consistent with this Section, you will be informed of such anticipated use prior to or at the time at which the Information is collected.

The Information Collected by or Through Third-Party Advertising Companies.  You authorize us to share Other Information about your activity and interaction with the Website with third parties for the purpose of tailoring, analyzing, managing, reporting, and optimizing advertising to you.  These third parties may use cookies, pixel tags (also called web beacons or clear gifs), and/or other technologies to collect such Other Information for such purposes. Pixel tags enable us, and these third-party advertisers, to recognize a browser’s cookie when a browser visits the site on which the pixel tag is located in order to learn which advertisement brings a user to a given site.   

Sharing of Your Personal Information with Non-Affiliated Third Parties.  If you do not want us to share your Personal Information with non-affiliated third parties that may use such information to market to you, you may: (i) choose to opt-out of such sharing by contacting us via the Website; or (ii) request certain information regarding our disclosure of such Personal Information to such non-affiliated third parties by contacting us at hello@tempoandtails.com

If you would like to opt-out of our sharing of your Personal Information with affiliates so that such affiliates can use your Personal Information to market to you, please contact us at hello@tempoandtails.com.  

How We Protect Your Personal Information.  We take commercially reasonable steps to protect your Personal Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Personal Information that you supply will not be intercepted while being transmitted to and from us over the Internet. 

Accessing and Modifying Personal Information and Communication Preferences.  If you have registered for an account on the Website, you may access, review, and make changes to your Personal Information by following the instructions found on the Website.  In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located on the bottom of any Tempo and Tails marketing email.  Registered users cannot opt out of receiving transactional emails related to their Website account unless otherwise provided on the email.  For example, we permit registered users who have purchased Product subscriptions to opt-out of receiving email notifications of shipments, or email notifications concerning Product replacements (e.g., changes to Products due to unavailability, or seasonal Product changes).  If you choose to opt-out of such transactional emails, you do so at your own risk. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our databases.

Important Notices to Non-U.S. Residents.  The servers used in connection with the operation and use of the Website are operated in the United States and elsewhere.   Please be aware that your Information, including your Personal Information and Billing Information, may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your jurisdiction.  If you are located outside the United States and choose to use the Platform, you hereby irrevocably and unconditionally consent to such transfer, processing, and use in the United States and elsewhere. 

California Residents.  Under California Civil Code Section 1798.83, California residents who have an established business relationship with us may choose to opt out of our sharing your Personal Information with third parties for direct marketing purposes.  If you are a California resident and (1) you wish to opt out; or (2) you wish to request certain information regarding our disclosure of your Personal Information to third parties for the direct marketing purposes, please send an email to hello@tempoandtails.com

In addition, Tempo and Tails does not monitor, recognize, or honor any opt-out or do not track mechanisms, including general web browser “Do Not Track” settings and/or signals.

  • CHANGES TO THESE TERMS.

These Terms are effective as of the date stated at the top of the Terms.  We may change these Terms from time to time. Any such changes will be posted on the Website.  By accessing the Website after we make any such changes to the Terms, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of any of your Information is governed by the Privacy Policy in effect at the time we collect the Information.  Please refer back to these Terms on a regular basis. 

  • GENERAL
No failure or delay by Tempo and Tails in exercising any right or remedy under these Terms will operate, or be deemed to operate, as a waiver of any such right or remedy.  If any provision of these Terms is found invalid or unenforceable by a court of competent jurisdiction, that provision will be amended and the remainder of these Terms will remain in full force and effect.  These Terms constitutes the final and complete agreement between you and Tempo and Tails regarding the subject matter hereof, and supersede any prior or contemporaneous communications, representations, or agreements between us, whether oral or written, including, without limitation, any confidentiality or non-disclosure agreements. Headings are for convenience only and shall not be used to limit or interpret the meaning of any of the provisions of this Agreement.
  • HOW TO CONTACT US.

If you have questions about these Terms, please contact us via email at hello@tempoandtails.com

Copyright 2019 My Dog’s Bakery, LLC.  All rights reserved.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM.  IF YOU ARE ENTERING THESE TERMS ON BEHALF OF AN ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT AND AUTHORITY TO LEGALLY BIND THE ENTITY TO THESE TERMS.