Terms & Conditions

Terms & Conditions


Last updated: June 30, 2018


Each item in your order is sold by K9 Ballistics, LLC ("K9 Dog Beds") or the merchant that the item is specified as sold by ("Merchant"). 


Those items for shipment to countries outside of the U.S. may be subject to taxes, customs duties and fees levied by the destination country ("Import Fees"). The recipient of the shipment is the importer of record in the destination country and is responsible for all Import Fees.


With respect to each item for which Import Fees have been calculated, you authorize k9dogbeds.com and cuellar.lol Export or Merchant (as applicable) to designate a carrier ("Designated Carrier") to act as your agent with the relevant customs and tax authorities in the destination country, to clear your merchandise, process and remit your actual Import Fees for such item. 


"Import Fees Deposit" represents an estimate of the Import Fees that will be levied on the items in your order for shipment to countries outside of the U.S. By placing your order, you agree to allow K9dogbeds.com and cuellar.lol Export and/or Merchant (as applicable) to collect the Import Fees Deposit for the applicable items in your order. This deposit will be used, on your behalf, to reimburse the Designated Carriers for the import fees that they have paid on your behalf to the appropriate authorities of the destination country. 


You further agree that the Designated Carriers may disclose to K9dogbeds.com and cuellar.lol Export or Merchant (as applicable) the amount of actual Import Fees levied on the item you have purchased from K9dogbeds.com and cuellar.lol Export and/or Merchant ("Actual Import Fees"). In the event that the Import Fees Deposit exceeds the Actual Import Fees, K9dogbeds.com and cuellar.lol Export or Merchant (as applicable) will refund the difference to you. 


In the case of gifts or other purchases made on behalf of another recipient, you also agree to grant the foregoing authorizations on behalf of the recipient designated in your order. 


To obtain details regarding the Actual Import Fees, or to obtain documentation or receipts in connection with customs clearance, you may contact the Designated Carrier specified in your shipment confirmation. 


These terms and conditions are in addition to the standard Conditions of Use of the K9 Dog Beds website. Pursuant to those terms, title and risk of loss for the items transfer to the recipient upon delivery to the common carrier in the United States. 

Please note that Merchants participating in the International Direct program may have policies that differ from K9 Dog Beds Export's terms and conditions. For items you have purchased from a Merchant, please see the applicable Merchant's policies for any other terms and conditions that may apply to your purchase of such items. 


Limitations


For products shipped internationally, please note that any manufacturer warranty may not be valid; manufacturer service options may not be available; product manuals, instructions and safety warnings may not be in destination country languages; the products (and accompanying materials) may not be designed in accordance with destination country standards, specifications, and labeling requirements; and the products may not conform to destination country voltage and other electrical standards (requiring use of an adapter or converter if appropriate). You are responsible for assuring that the product can be lawfully imported to the destination country. When ordering from k9dogbeds.com, the recipient is the importer of record and must comply with all laws and regulations of the destination country. 


Privacy


Your privacy is important to us, and we know that you care about how information about your order is used and shared. We would like our international customers and customers shipping products internationally to be aware that cross-border shipments are subject to opening and inspection by customs and/or postal authorities. 


Also, we may provide certain order, shipment, and product information, such as titles, to our international carriers, and such information may be communicated by the carriers to customs and/or postal authorities in order to facilitate customs clearance and comply with local laws. 


If the order is a gift, the package is marked "Gift," but the cost of the item is still stated on the customs form. 

Customs authorities require the value of the gift item to be stated directly on the package.


Conditions of Use


Last updated: February 21, 2024


Welcome to k9dogbeds.com and cuellar.lol K9 Ballistics, LLC and/or its affiliates ("K9 Dog Beds") provide website features and other products and services to you when you visit or shop at k9dogbeds.com and cuellar.lol, use K9 Dog Beds and K9 Ballistics products or services, use K9 Dog Beds and K9 Ballistics applications for mobile, or use software provided by K9 Dog Beds in connection with any of the foregoing (collectively, "K9 Dog Beds"). K9 Dog Beds provides the K9 Dog Beds and K9 Ballistics Services subject to the following conditions. 


By using K9 Dog Beds and K9 Ballistics Services, you agree to these conditions. Please read them carefully.


We offer a wide range of K9 Dog Bed and K9 Ballistics Services, and sometimes-additional terms may apply. When you use K9 Dog Beds or K9 Ballistics Service (for example, newsletter, profiles, ordering confirmation, reviews, social media, sharing K9 Dog Beds and K9 Ballistics products online in anyway, reviews or emails) you also will be subject to the guidelines, terms and agreements applicable to that K9 Dog Beds and K9 Ballistics Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.


Privacy


Please review our Privacy Notice, which also governs your use of K9 Dog Beds and K9 Ballistics Services, to understand our practices.


Electronic Communications


When you use K9 Dog Beds and K9 Ballistics Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other K9 Dog Beds and K9 Ballistics Services, such as our Customer Care Team, Social Media and Message Center, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.


You may elect to receive text messages from us. When you sign up to receive text messages, we will send you information about promotional offers and more These messages may use information automatically collected based on your actions while on our sites and may prompt messaging such as cart abandon messages (IE Cookies). To the extent you voluntarily opt to have Text notifications sent directly to your mobile phone, we receive and store the information you provide, including your telephone number or when you read a text message. You may opt out of receiving text messages at any time by texting “STOP” to our text messages. For more information about text messages, see our Terms and Conditions. All the above categories exclude text messaging originator opt-in data and consent; this information will not be shared with any third parties, excluding aggregators and providers of the Text Message services.


Copyright


All content included in or made available through any K9 Dog Beds and K9 Ballistics Service, such as text, graphics, logos, button icons, images, product designs, product names, navigation names, audio clips, digital downloads, data compilations, and software is the property of K9 Dog Beds and K9 Ballistics or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any K9 Dog Beds and K9 Ballistics Service is the exclusive property of K9 Dog Beds and K9 Ballistics and protected by U.S. and international copyright laws.


Trademarks


In addition, graphics, logos, page headers, button icons, scripts, navigation design, advertising, branding, messaging and service names included in or made available through any K9 Dog Beds and K9 Ballistics Service are trademarks or trade dress of K9 Dog Beds and K9 Ballistics in the U.S. and other countries. K9 Dog Beds and K9 Ballistics’ trademarks and trade dress may not be used in connection with any product or service that is not K9 Dog Beds and K9 Ballistics’, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits K9 Dog Beds and K9 Ballistics. All other trademarks not owned by K9 Dog Beds and K9 Ballistics that appear in any K9 Dog Beds and K9 Ballistics Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by K9 Dog Beds and K9 Ballistics.


Patents


One or more patents owned by K9 Dog Beds and K9 Ballistics apply to the K9 Dog Beds and K9 Ballistics Services and to the features and services accessible via the K9 Dog Beds and K9 Ballistics Services. Portions of the K9 Dog Beds and K9 Ballistics Services operate under license of one or more patents.


License and Access


Subject to your compliance with these Conditions of Use and any Service Terms, and your payment of any applicable fees, K9 Dog Beds and K9 Ballistics or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the K9 Dog Beds and K9 Ballistics Services. This license does not include any resale or commercial use of any K9 Dog Beds and K9 Ballistics Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any K9 Dog Beds and K9 Ballistics Service or its contents; any downloading, copying, or other use of account information for the benefit of any third party; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by K9 Dog Beds and K9 Ballistics or its licensors, suppliers, publishers, rights holders, or other content providers. No K9 Dog Beds and K9 Ballistics Service, nor any part of any K9 Dog Beds and K9 Ballistics Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of K9 Dog Beds and K9 Ballistics. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of K9 Dog Beds and K9 Ballistics without express written consent. You may not use any meta tags or any other "hidden text" utilizing K9 Dog Beds and K9 Ballistics’ name or trademarks without the express written consent of K9 Dog Beds and K9 Ballistics. You may not misuse the K9 Dog Beds and K9 Ballistics Services. You may use the K9 Dog Beds and K9 Ballistics Services only as permitted by law. The licenses granted by K9 Dog Beds and K9 Ballistics terminate if you do not comply with these Conditions of Use or any Service Terms.


Your Orders, Accounts and Subscriptions


You may need your own K9 Dog Beds and K9 Ballistics account, order number and newsletter subscription to use certain K9 Dog Beds and K9 Ballistics Products and Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account.


You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. K9 Dog Beds and K9 Ballistics does sell products for children, but it sells them to adults, who can purchase with a credit card or, other permitted payment method. If you are under 18, you may use the K9 Dog Beds and K9 Ballistics Services only with involvement of a parent or guardian.


Reviews, Comments, Communications and Other Content


You may post reviews, comments, photos, videos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. K9 Dog Beds and K9 Ballistics reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.


If you do post content or submit material, and unless we indicate otherwise, you grant K9 Dog Beds and K9 Ballistics a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant K9dogbeds.com and cuellar.lol and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify K9 Dog Beds and K9 Ballistics for all claims resulting from content you supply. K9 Dog Beds and K9 Ballistics have the right but not the obligation to monitor and edit or remove any activity or content. K9 Dog Beds and K9 Ballistics takes no responsibility and assumes no liability for any content posted by you or any third party.


Risk of Loss


All purchases of physical items from K9 Dog Beds and K9 Ballistics are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.


Delivery


K9 Dog Beds and K9 Ballistics use FedEx Home Delivery for all order shipments. A physical address must be provided when the order is placed to ensure successful delivery of the order. K9 Ballistics is unable to audit the address of every order and it is the customer's responsibility to provide an eligible shipping address when placing the order. Orders addressed to PO Boxes may not be delivered to the correct location or may be returned to sender. K9 Dog Beds and K9 Ballistics are not responsible for lost packages that were sent to PO Boxes. Orders returned to sender by the carrier due to a PO Box delivery address will be treated as a return and will be refunded minus the cost of return shipping ($30 per box). Personalized items and Final Sale items that are returned to sender are not eligible for refunds and can be reshipped to the customer at the customer's expense. 


Packages marked as delivered by the carrier but reported as not received by the customer are eligible for a one-time replacement. The customer must report the issue to K9 Ballistics within 5 days of the delivery date to qualify. K9 Ballistics will initiate a trace with the carrier first to see if the original package can be recovered and redelivered. If the package is not delivered within 2 business days of the trace being started, the replacement will then be sent. The customer can provide an alternate address or have the package shipped directly to a FedEx store for pickup to ensure receipt of the package. K9 Ballistics is unable to require a signature for delivery and is not able to ship additional replacements if the initial replacement is also reported as not received. K9 Ballistics and K9 Dog Beds are not able to provide refunds for items marked as delivered by the carrier. If a replacement of the original item is no longer available, the customer will be offered an alternative option of equal value or store credit for the value of the original item. Replacements that are received but are sent back for return are eligible for store credit only. 


Packages returned to sender by the recipient will be treated as a standard return and a refund minus the return shipping costs ($30 per box) will be issued once the items are received and inspected. Items that do not qualify for return (i.e. personalized items, Final Sale items, Clearance items, and Open Box items) will not be refunded but can be reshipped to the customer at their expense. 


Returns, Refunds and Title


K9 Dog Beds and K9 Ballistics do not take title to returned items until the item arrives at our fulfillment center. At our discretion, a refund may be issued without requiring a return. In this situation, K9 Dog Beds and K9 Ballistics do not take title to the refunded item. 


Items must be in new, unused, and unaltered condition in order to be eligible for a return or exchange. Personalized items, Final Sale items, Clearance items, and Open Box items are not eligible for a return or exchange. Items that have had tags removed, show signs of use (including but not limited to:  presence of dirt, stains, scratches, holes, fur, odor, artificial fragrance, etc.) are not eligible for refunds but may be eligible for replacement under K9 Ballistics's warranty policy. Please review the warranty policy or contact customer care for further information and assistance. 


Returns and exchanges for eligible items are accepted within the first 30 days of receipt. Items must be approved for an RMA through K9 Ballistics's return portal before being shipped back to qualify for a refund. Items sent back outside the return period, or items that are shipped back that do not meet the standards for a return, will not be refunded and cannot be shipped back to the customer. 


Replacement items that were sent out for free (including but not limited to: warranty replacements, defect replacements, and missing package replacements) cannot be returned for a refund but can be sent back for warranty or store credit, depending on the situation. Please contact customer care for more information. 


Return shipping fees are the responsibility of the customer and are not refundable. Additionally, K9 Dog Beds and K9 Ballistics do not reimburse for any return shipping costs. If the item is being sent back from a location within the contiguous United States and is being sent back in the original box it was received in, the customer can request a prepaid return label for a $30 fee (per box/label). Orders placed through Amazon, Facebook, or Instagram must pay this fee upfront before the label can be provided. For all other orders, the fee will be deducted from the refund upon receipt and inspection of the item(s). If a prepaid label provided by K9 Ballistics is used on a box other than the original, any additional shipping fees that are incurred will be deducted from the final refund. 


Product Descriptions


K9 Dog Beds and K9 Ballistics attempts to be as accurate as possible. However, K9 Dog Beds and K9 Ballistics does not warrant that product descriptions or other content of any K9 Dog Beds and K9 Ballistics Service is accurate, complete, reliable, current, or error-free. If a product offered by K9 Dog Beds and K9 Ballistics itself is not as described, your sole remedy is to return it in unused condition. 


Pricing and Sales


"List Price" means the suggested retail price of a product as provided by K9 Dog Beds and K9 Ballistics.

With respect to items sold by K9 Dog Beds and K9 Ballistics, we cannot confirm the price of an item until you order. Despite our best efforts, a small number of our items in on our website may be mispriced. If the correct price of an item sold by K9 Dog Beds and K9 Ballistics 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.


Your card will be authorized and charged at the time that the order is placed. We are unable to delay charging until the order ships. 


K9 Dog Beds and K9 Ballistics occasionally run sales and promotions. These apply only to new orders being placed and cannot be applied to past orders. We do not offer any price match guarantees and are not able to apply site discounts to orders placed through Amazon, Facebook, Instagram, or other marketplaces other than k9dogbeds.com and cuellar.lol. 


Only one coupon or promotion can be applied to an order and discounts cannot be combined.  In the case of sales with items automatically discounted to sale price, additional discounts and/or coupon codes cannot be applied to these items. For sales advertised as "Up to a percentage off", some, but not all, items will be discounted at this percentage. Others may have a smaller discount, depending on color, size, and style. Not all items may be included in a sale. Items marked as Final Sale, Clearance, or Open Box are already discounted and are not eligible for additional discounts. 


Sales and promotions apply only to items that are in stock. We do not provide rainchecks for items out of stock during the time of the sale. Orders placed after the end of a sale are not eligible for the sale price. K9 Ballistics reserves the right to modify the end date of a sale at any time. 


Free Shipping


At times k9dogbeds.com and cuellar.lol may offer Free Shipping on orders.  When Free Shipping is offered it is only for the contiguous United States. Free Shipping does not apply to Alaska, Hawaii, Puerto Rico, US Virgin Islands or any other US Territory that is not named as one of the “50 States”.  Expedited, two-day or special carrier shipping and insurance does not apply to Free Shipping offers.  Returns are not subject to free shipping. Consumer must pay all return shipping charges and fees.


Shipping Outside of the Contiguous United States


At the sole discretion of k9dogbeds.com and cuellar.lol and the Customer Care Team we may offer shipping outside of the contiguous United States. This is evaluated on a case-by-case basis. Free Shipping is not provided in these cases. If a consumer desires to have a product shipped outside of the contiguous United States they must pay all shipping, insurance, taxes and export/import fees based on the total retail value of the product as indicated on k9dogbeds.com and cuellar.lol. No products will be designated as gifts.  All shipping fees must be paid in advance by the customer. Any return shipping fees will be the responsibility of the customer.  There is no guarantee on the time it will take to receive the product. Customers are advised to request a tracking number that they can use to track their shipment via the third-party carrier that is designated for their shipment.


Cancellations and Order Change Requests


K9 Dog Beds and K9 Ballistics process and ship orders quickly. Once an order is placed, successful cancellation and order changes cannot be guaranteed. Please contact customer care immediately at 844-772-3125 to request a cancellation or change. We will do our best to honor it, but if the order has already been shipped before your email is seen or your call is received, we will not be able to cancel or change the order at that time. If the order is shipped before it can be canceled, the customer may initiate a return to send it back for a refund provided that the item meets the requirements for a return (return shipping fees will apply). Personalized orders that have already been personalized by the time the return or change order request has been seen can no longer be cancelled or changed. 


Shipping address corrections can be made for free only up until the order ships. Once the order has shipped, FedEx will charge a fee for any address changes which must be paid by the customer before the change can be made. The customer can request the carrier to hold the package for pickup instead if they do not wish to pay the fee.


Warranty


K9 Dog Beds and K9 Ballistics offers a 30 day Manufacturer's warranty on all products. If the item arrives with a manufacturing defect (including but not limited to: loose or incomplete stitching, broken zippers, missing components, etc.) we will replace the affected item once free of charge. Open Box items are previously-returned items and are expected to have small signs of use or marks from transit; the Manufacturer's warranty does not apply for these specific items. If your Open Box item arrives with damage that renders it unusable, please contact the customer care team for assistance. 


K9 Ballistics offers a 120-day warranty for its Tough Rip-Stop dog beds and Chew Proof Armored dog beds (excludes Open Box, Final Sale, and Clearance items). This warranty applies to any dog-related damage that occurs to these types of beds and guarantees a one-time replacement of the damaged cover or item if the item is damaged within 120 days of receipt. A photo of the damage must be submitted to K9 Ballistics within the warranty period to qualify for the replacement. For beds with removable covers, the warranty applies only to the outer cover and no inner components. For products that do not have removable covers, the warranty applies to the entire item. This warranty guarantees a one-time replacement only and is not a money-back guarantee. Damaged items are not eligible for refunds.


If the replacement is not desired, a one-time warranty store credit can instead be issued for the value of the damaged cover or item. This credit can be redeemed on k9ballsitics.com for a different bed or product. 


Permissions For Apps


When you use apps created by K9 Dog Beds and K9 Ballistics, you may grant certain permissions to us for your device. Most mobile devices provide you with information about these permissions. Please review to the websites of your mobile device manufacturers for information pertaining to this topic.


Sanctions and Export Policies


You may not use any K9 Dog Beds and K9 Ballistics Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using K9 Dog Beds and K9 Ballistics Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.


Other Businesses


Parties other than K9 Dog Beds and K9 Ballistics operate stores, provide services or software, or sell product lines through the K9dogbeds.com and cuellar.lol Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from K9 Dog Beds and K9 Ballistics. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). K9 Dog Beds and K9 Ballistics does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use. 


Disclaimer of Warranties and Limitation of Liability


THE K9 DOG BEDS AND K9 BALLISTICS SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES ARE PROVIDED BY K9 DOG BEDS AND K9 BALLISTICS ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. K9 DOG BEDS AND K9 BALLISTICS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE, FABRIC, CLOSURES, TRIM) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE AND YOUR DOG’S USE OF THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES IS AT YOUR SOLE RISK.


TO THE FULL EXTENT PERMISSIBLE BY LAW, K9 DOG BEDS AND K9 BALLISTICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. K9 DOG BEDS AND K9 BALLISTICS DOES NOT WARRANT THAT THE K9 DOG BEDS AND K9 BALLISTICS PRODUCTS AND SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES OR PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE K9 DOG BEDS AND K9 BALLISTICS SERVICES AND PRODUCTS, K9 DOG BEDS AND K9 BALLISTICS’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM K9 DOG BEDS AND K9 BALLISTICS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, K9 DOG BEDS AND K9 BALLISTICS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY K9 DOG BEDS AND K9 BALLISTICS SERVICE OR PRODUCT, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES AND PRODUCTS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY K9 DOG BEDS AND K9 BALLISTICS SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.


Disputes


Any dispute or claim relating in any way to your use of any K9 Dog Beds and K9 Ballistics Product or Service, or to any products or services sold or distributed by K9 Dog Beds and K9 Ballistics or through k9dogbeds.com or cuellar.lol shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.

The Federal Arbitration Act and federal arbitration law apply to this agreement. Any arbitration proceeding shall be held exclusively within the State of California, County of Ventura. Any small claims lawsuit shall be brought exclusively in the courts located within the State of California, County of Ventura.


There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.


To begin an arbitration proceeding, you must send a letter requesting arbitration. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filingadministration and arbitrator fees will be governed by the AAA’s rules.

We each agree that any dispute resolution proceedings (whether arbitration or

small claims lawsuits) will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in small claims court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.


Applicable Law


By using any K9 Dog Beds and K9 Ballistics Product or Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and K9 Dog Beds and K9 Ballistics.


Site Policies, Modifications, and Severability


Please review our other policies posted on this site. These policies also govern your use of K9 Dog Beds and K9 Ballistics Product or Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.



K9 Ballistics User Generated Content Terms of Use


K9 Ballistics Inc. (“K9 Ballistics”) reaches out to social media users to seek their permission to feature our favorite content on our various sites, social channels, and various promotional materials. You are reading this because K9 Ballistics has requested your permission to use your social media content in this way.


If you choose to allow us to use your social media content (“User Content”), you agree to these Terms of Use.

K9 Ballistics reserves the right to alter these Terms of Use without advance notice by posting a revised Terms of Use.


Accordingly, you should review the Terms of Use each time you grant permission or authorization to feature your User Content.


USER CONTENT LICENSE


You hereby grant to K9 Ballistics and its related companies, agents, licensees, sublicensees, contractors, successors, legal representatives, assigns, and third-party service providers, and their respective retail partners, marketing or public relations agencies, and other affiliates (the “Licensed Parties”) a worldwide, perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable, sublicensable right to use your User Content in any manner to be determined in the Licensed Parties’ sole discretion, including but not limited to on webpages and social media pages operated by the Licensed Parties, in promotional e-mails and advertisements, and in any and all other marketing, promotional and advertising initiatives, and in any media now or hereafter known. The Licensed Parties may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your User Content in any manner in their sole discretion, with no obligation to you whatsoever.


You grant the Licensed Parties the right to use your username, real name, image, likeness, descriptions of you, location or other identifying information, including but not limited to your voice, in connection with any use of your User Content.


You hereby agree and represent and warrant that (i) you are solely responsible for your User Content, (ii) you own all rights in and to your User Content and/or have obtained appropriate rights and permissions from any and all other persons and/or entities who own, manage or otherwise claim any rights with respect to such User Content, (iii) you are not a minor, (iv) the Licensed Parties’ use of your User Content as described herein will not violate the rights, including but not limited to copyright, trademark, patent, trade secret, privacy, publicity, moral, proprietary or other rights, of any third party, or any law, rule or regulation, and (v) the User Content is not libelous, defamatory, obscene, pornographic, abusive, indecent, threatening, harassing, hateful, or offensive or otherwise unlawful.


You hereby release, discharge and agree to hold the Licensed Parties, and any person acting on their behalf, harmless from any liability related in any way to the Licensed Parties’ use of your User Content.


The User Content that you submit is deemed non-confidential and the Licensed Parties have no obligation to maintain the confidentiality of any information, in whatever form, contained in any submission, except pursuant to the Licensed Parties’ respective privacy policies. By using this Site or the Services, you are consenting to the Licensed Parties’ collection of any personal information you provide for the Licensed Parties’ use and disclosure in connection with the use of your User Content as described herein. If you do not agree to the collection, use and disclosure of your personal information in this way, please do not use this Site or the Services or otherwise provide the Licensed Parties with personal information. Your personal information may be transferred to servers located outside the country in which you live or to third parties in other countries so that they may process personal information on the Licensed Parties behalf. By using the Site or the Services or otherwise providing the Licensed Parties with personal information, you agree to the foregoing collection, use, disclosure, transfer and processing of your information in accordance with the terms of these Terms, the Privacy Policy and applicable data protection laws and regulations.


The Licensed Parties reserve the right to remove any User Content from the Site and the K9 Ballistics Properties. If you believe any content, including User Content, residing on the Site or on the K9 Ballistics Properties or displayed or used in connection with the K9 Ballistics Services infringes any person’s or entity’s copyright rights, please refer to the K9 Ballistics Copyright Policy https://cuellar.lol/pages/terms-of-use.


ADDITIONAL TERMS


These Terms of Use apply to the entire Site, the K9 Ballistics Properties and K9 Ballistics Services and to your User Content unless otherwise provided. In addition, to the extent your User Content is displayed on the Site or on any of the K9 Ballistics Properties or in connection with the K9 Ballistics Services, you also will be subject to additional terms of use, agreements, guidelines or rules provided by K9 Ballistics applicable to such K9 Ballistics Services and User Content, including but not limited to those set forth on the K9 Ballistics website at https://cuellar.lol/pages/terms-of-use, and you hereby agree to be bound by such additional terms of use or service, agreements, guidelines, instructions or rules provided or posted by K9 Ballistics (the “K9 Ballistics Terms”).


You certify that you are at least 18 years of age.


INTELLECTUAL PROPERTY RIGHTS


The Site, K9 Ballistics Services or K9 Ballistics Properties may be protected by copyright, trademark and other intellectual property laws. You acknowledge and agree that you do not acquire any ownership or other rights in proprietary information and materials of K9 Ballistics by authorizing use of your User Content or otherwise using or accessing the Site, the K9 Ballistics Services or the K9 Ballistics Properties.


MISCELLANEOUS


These Terms of Use are personal to you and may not be assigned or transferred by you for any reason whatsoever without K9 Ballistics’s prior written consent; and any action or conduct in violation of the foregoing shall be void and without effect.


You agree that if K9 Ballistics does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which K9 Ballistics has the benefit of under any applicable law), this will not be taken to be a formal waiver of K9 Ballistics’s rights and that those rights or remedies will still be available to K9 Ballistics.


If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms of Use are invalid, then that provision will be removed without affecting the rest of the Terms of Use. The remaining provisions of these Terms of Use will continue to be valid and enforceable.


Our Address


cuellar.lol, 708 Via Alondra, Camarillo, CA 93012, United States