Terms and Conditions
Terms and Conditions
Welcome to BagScooper.com! Thank you for exploring the BagScooper.com website. These Terms and Conditions govern your use and access to this site. Before you begin using our sites, please take a moment to review these Terms and Conditions. We may change, update, delete or add to these terms over time. By accessing and using this site, you agree to these Terms and Conditions, all policies within this site (including our return policy), and all changes or modifications to the foregoing. If you do not agree to these Terms and Conditions, such policies, or any modifications thereto, please do not use of BagScooper.com.
Restrictions on Use
BagScooper.com is copyright protected. Any textual or graphic material you copy, print, or download is licensed to you by Dara Giants, LLC dba Bag Scooper (“Bag Scooper”) for your personal, non-commercial home use only, provided that you do not change or delete any copyright, trademark or other proprietary notices. Except for the limited license granted to you, you are not conveyed any other right or license by implication, estoppel, or otherwise in or under any patent, trademark, copyright, or proprietary right of Bag Scooper or any third party. Any unauthorized use of BagScooper.com will terminate the permission or license granted by these Terms and Conditions and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.
Bag Scooper, BagScooper.com, the Bag Scooper logo, and any proprietary product or service names contained on BagScooper.com are either trademarks or registered trademarks of Bag Scooper or its licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bag Scooper. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks and/or trade dress of Bag Scooper, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Bag Scooper. All other trademarks, registered trademarks, product names and company names or logos mentioned herein are the property of their respective owners.
Links to Other Sites
Periodically, links may be established from BagScooper.com to one or more external sites or resources operated by third parties. We have no control over any third party site or service, and we are not responsible for any changes to any third party service or for the contents thereof, including, without limitation, any links that may be contained in or accessible through such third party service. The links to any third party site or service are provided solely as a convenience to our visitors. Such third party linked sites are not under BagScooper.com control, and Bag Scooper is not responsible for and does not endorse their content. You will need to make your own independent judgment regarding your interaction with these third party sites or services. Our inclusion of advertisements for, or links to, a third party site or service does not constitute an endorsement. By opting into third party offers, you will be subject to terms posted by such third parties. Opting into these offers signifies your agreement to those additional terms of the respective third parties.
We welcome your comments and feedback. All communications and comments submitted to BagScooper.com are non-confidential. Bag Scooper reserves the right to use any ideas, concepts, comments, techniques, visuals, suggestions or communications. All comments, feedback, suggestions and submissions shall be and remain Bag Scooper property.
Though we strive for accuracy, occasionally, the information at BagScooper.com may contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing and availability. We apologize for such oversights and reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted an order). In the event of a pricing error on an item you have ordered, we will notify you and await your approval of the corrected price before continuing with your order. We hope this will not cause you undue inconvenience.
Disclaimer of Warranties
You expressly understand and agree that your use of BagScooper.com is at your sole risk. BagScooper.com is provided on an “AS IS” and “AS AVAILABLE” basis. BagScooper.com and any of its third party service providers expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Bag Scooper makes no warranty that (i) BagScooper.com will meet your requirements, (ii) BagScooper.com will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of BagScooper.com will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through BagScooper.com will meet your expectations, (v) that your email or voicemail messages will not be lost, and (vi) any errors in BagScooper.com will be corrected. Any material downloaded or otherwise obtained through the use of BagScooper.com is done at your own discretion and risk, and you will be solely responsible for any potential damage to your computer system or loss of data that results from the download of any such material. No information, whether oral or written, obtained by you from BagScooper.com or any of our third party service providers will create any warranty not expressly stated in these Terms and Conditions. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the extent that any part of this section is not consistent with any other part of this Agreement, then this Disclaimer of Warranties will override it.
Limitation of Liability
In no event shall Bag Scooper or its officers, directors, managers, shareholders, members or employees be liable for any indirect, special or consequential damages, or any other damages of any kind whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use or inability to use BagScooper.com or the materials contained in or accessed through it, including without limitation any damages caused by or resulting from reliance by you on any information obtained from Bag Scooper, or that results from mistakes, omissions, interruptions, deletion of files or email, error, defects, viruses, delays in operation or transmission or any failure of performance.
In no event shall the aggregate liability of Bag Scooper (whether in contract, warranty, tort (including negligence whether active, passive or imputed), product liability, strict liability or other theory) arising out of or relating to the use of this site exceed any compensation you pay, if any, to Bag Scooper for access to or use of this site.
You agree to protect and fully compensate BagScooper.com and any service providers from any and all third-party claims, liability, damages, expenses and costs (including, but not limited to, reasonable attorney’s fees) arising from your use of BagScooper.com, your violation of these Terms and Conditions or your infringement of any intellectual property or other right of anyone.
Choice of Law and Jurisdiction
BagScooper.com is controlled and operated by Bag Scooper from its offices within the State of California in the United States of America. Bag Scooper makes no representation that materials on BagScooper.com are appropriate or available for use in other locations. Those who choose to access BagScooper.com from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Any aspect of BagScooper.com that is prohibited by applicable law is void in the jurisdiction where that law applies. The terms of this site shall be governed by the laws of the State of California, without giving effect to its conflict of laws provisions. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in state or federal court located in Los Angeles, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.
These Terms and Conditions may be modified from time to time without notice to you, and changes are effective immediately upon posting on BagScooper.com. Your continued use of BagScooper.com constitutes your binding acceptance of these Terms and Conditions, including any changes or modifications we may make. If any part of these Terms and Conditions or any future changes to these Terms and Conditions are not acceptable to you, your only recourse is to terminate usage of BagScooper.com. We may change, suspend or discontinue all or any aspect of BagScooper.com at any time, including availability of any BagScooper.com feature, database or content, without prior notice or liability.
Last updated: August 06, 2014
The Collection of Personal Information
You provide certain Personal Information to us when you use BagScooper.com. Categories of Personal Information include, but are not limited to:
Date of Birth
We use a feature of your browser called a “cookie” to assign a unique number that automatically identifies your computer when you visit BagScooper.com. A cookie is a piece of text-only data stored on your hard drive. By setting a cookie on BagScooper.com, you would not have to log in a password each time you visit BagScooper.com, thereby saving time while on BagScooper.com. If you reject the cookie, you may still use BagScooper.com. The only drawback to this is that you may be limited in some areas of BagScooper.com or may have to enter passwords or identifying information each time you visit BagScooper.com.
In addition to the login information, we may collect information of a non-personal nature, such as IP addresses, browser types, domain names, software versions, and access times. This information is only used for our internal purposes (such as to improve BagScooper.com or to customize content).
We may also collect Personal Information from you at other points on BagScooper.com that require user input. For example, when entering a contest or other promotional event, we may ask for your name, address, telephone number and e-mail address so we can administer the contest and notify winners.
Who collects the Personal Information?
Bag Scooper owns and operates BagScooper.com and is also the company that collects Personal Information on BagScooper.com.
How is Personal Information used?
We use your information on an aggregated basis (not personally identifiable) to do such things as operate and enhance BagScooper.com and deliver messages. We may disclose aggregated information about our users, but that information contains no Personal Information.
Although your privacy is very important to us, due to legal rules beyond our control, we cannot fully ensure that your private communications and other Personal Information will not be disclosed to third parties. For example, we may be forced to disclose information to the government or third parties under certain circumstances, or third parties may unlawfully intercept or access transmissions or private communications. Additionally, in the unlikely event that we need to investigate or resolve possible problems or inquiries, we can, and you authorize us to, disclose any information about you to law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate. In addition, we may share Personal Information with our contractors on a need-to-know basis in order to maintain our services provided that such contractors have agreed to the non-disclosure and confidentiality requirements we require of our employees.
Choices available to users regarding collection, use and distribution of the Personal Information
Please note that if you provide any information on your own or directly to parties who provide service to BagScooper.com or any other sites you encounter on the Internet (even if these sites are branded with our branding), different rules may apply to their use or disclosure of the Personal Information you disclose to them. We encourage you to investigate and ask questions before disclosing information to third parties.
What kind of security procedures do we use to protect the loss, misuse, or alteration of your Personal Information under our control?
BagScooper.com takes precautions to protect our users’ information. When users submit sensitive information on BagScooper.com, that information is protected both online and off-line.
We have established and maintain reasonable security procedures to protect the confidentiality, security and integrity of your Personal Information. Please recognize, however, that “perfect security” does not exist on the Internet.
Last updated: August 06, 2014
Warranty and Returns
30 Day Return Policy: Retail Purchases made through www.bagscooper.com
You will have 30 days from the original date of purchase to return items purchased through www.bagscooper.com. Please contact customer service at firstname.lastname@example.org or (818) 446-9495 for detailed information regarding returns.
WHAT IS COVERED: Dara Giants, LLC dba Bag Scooper (“Bag Scooper”) warrants to the original retail consumer purchaser, and not any other purchaser or subsequent owner, that its Bag Scooper product, when subject to normal and proper use, will be free from defects in material or workmanship for one (1) year from the date of purchase. An “original retail consumer purchaser” is a person or entity who originally purchases the product, or a gift recipient of a new product that is unopened and in its original packaging. This limited warranty is non-transferrable and shall automatically terminate if the original retail consumer purchaser resells the Bag Scooper product. In the event of defect, these are your exclusive remedies.
WHAT IS NOT COVERED: This non-transferrable limited warranty does not provide protection against, and Bag Scooper will have no liability under this non-transferrable limited warranty for any damage to or defects in the products caused by any animal, loss of product(s), failure, defect or damage caused by events and situations beyond normal exposure conditions, including, but not limited to: misuse, abuse, neglect, improper installation or installation not in accordance with Bag Scooper’s instructions, impacts of foreign objects, acts of God, abnormal or improper use, improper storage, attempted repair or service by anyone other than Bag Scooper customer service, accident, alteration, discoloration or other damage caused by pollution, sunlight, other environmental conditions, mold, dirt, mildew, or exposure to harmful chemicals and any other cause not involving manufacturing defects in the Bag Scooper product.
If you need to make a warranty claim for your Bag Scooper product, please contact customer service at email@example.com or (818) 446-9495 for help in troubleshooting and, if needed, to arrange a repair for your product. Proof of purchase in the form of the original sales receipt must be provided to Bag Scooper in order for a warranty claim to be honored. Pursuant to this non-transferrable limited warranty, Bag Scooper will replace the part with a new or refurbished part. This non-transferrable limited warranty will then apply to either the new or refurbished part for the remainder of the original non-transferrable limited warranty period.
DISCLAIMERS: Replacement as provided under this non-transferrable limited warranty is the exclusive remedy of the consumer. This non-transferrable limited warranty is in lieu of all other express warranties. Bag Scooper expressly disclaims and excludes all other warranties, express or implied, including without limitation, the warranties of merchantability and fitness for a particular purpose. Bag Scooper also disclaims and excludes all liability for incidental, consequential, punitive, direct, indirect, special or any other damages arising out of or connected with the purchase, use or misuse of this product or for the breach of any express or implied warranties or breach of contract or otherwise. Purchaser assumes all risks and liabilities from the use or misuse of a Bag Scooper product. Bag Scooper does not authorize any other person or agent to make any other express or implied warranties.
Furthermore, Bag Scooper will not be liable for any loss, damage or injury resulting from delay in delivery of replacement parts or for any failure by Bag Scooper to perform covered repair work due to circumstances beyond Bag Scooper’s control.
GOVERNING LAW: This non-transferrable limited warranty shall be governed by the law of the State of California, U.S.A., and by the laws of the United States of America, excluding their conflicts of laws principles. Furthermore, the United Nations Convention on Contracts for the International Sale of Goods is hereby excluded in its entirety from application to this non-transferrable limited warranty. Jurisdiction and venue shall be exclusive to the courts of Los Angeles County, California.
These warranties give you specific legal rights, and you may also have other rights that vary from state to state or country to country. Some states or countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Last updated: August 2014