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Terms and Conditions

 

Last updated: July 26, 2022.

Please read these Terms of Use ("Terms") carefully. Thebullysupply.com website and any associated mobile and software applications on which the Terms of Use Agreement (“Terms”) apply to your access to and use of our website, mobile applications and other online products and services (collectively, the "The Bully Supply Services" or "Services") provided by The Bully Supply ("The Bully Supply", "we" or "us"). These Terms affect your legal rights and obligations, so if you do not agree to these Terms, do not use the Services.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND THE BULLY SUPPLY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

YOU ACKNOWLEDGE AND AGREE THAT THERE ARE RISKS ASSOCIATED WITH USING AN INTERNET-BASED MARKETPLACE AND INTERACTING WITH OTHER USERS IN PERSON.

BY ACCESSING OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, DO NOT USE OUR SERVICES.

We may supply different or additional terms (including, but not limited to, the terms of social media services, third-party payment processors, and third-party fulfillment providers) in relation to some of our Services. In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party's terms will govern as to the respective party's relationship with you. It is your responsibility to review third-party terms of service and privacy policies.

Our Audience

The Bully Supply is intended for users who are 18 or older and are otherwise fully able and competent to agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. If you are under 18, you may use our website, mobile applications and other online products and services with the permission of a parent or guardian.

Privacy

Your use of the website, mobile applications and other online products and services are subject to The Bully Supply’s Privacy Policy, which forms a part of these Terms. Please review our Privacy Policy, which is available at Privacy Policy (thebullysupply.com), which also governs the Site and informs users of our data collection practices.

Fees and Costs

The Bully Supply Services allows you to post items for sale by uploading pictures and providing item description. It is free to browse Items for sale and to contact sellers on The Bully Supply website or App.

There will not be any Fees charged to the seller when a selling category and duration are selected during the beginning stages of The Bully Supply launch. 

At the current time, fees will be waived for regular listing of a product. Fees will still be charged when promoting a product and promoting a product using the Bulletin Board Advertisement.

You may also promote your item(s) for an addition fee. If you pay to promote your item, The Bully Supply will post your item(s) more prominently and frequently within the Services home feed rotation in their respective category. Promoted items are also identified within the feed. The Bully Supply pricing details for promoting:

One day Product Promotion Amount is $0.50/Day. 1 Day Product Promotion Duration.

Week Product Promotion Amount is $3.50/Week. 7 Day Product Promotion Duration.

Month Product Promotion Amount is $15.00/Month. Approximately thirty (30) Day Duration.

You may also promote your item(s) on the Main Promotion Ad Space for an addition fee (Home Page Bulletin Board). If you pay to promote your item(s), The Bully Supply will promote your item(s) on the Home Page Bulletin Board in a rotation. The Bully Supply pricing details for promoting:

One day Bulletin Board Advertisement Amount is $1.75/Day. 1 Day Advertisement Duration.

Week Bulletin Board Advertisement Amount is $12.25/Week. 7 Day Advertisement Duration.

Month Bulletin Board Advertisement Amount is $52.50/Month. Approximately thirty (30) Day Duration.

The Bully Supply facilitates to the seller in allowing them to post, promote, and sell their items on The Bully Supply Website and App. The Bully Supply is not a party in the transaction between the buyer and seller. The price, payment, agreement, and arrangement of the item(s) sold are between the buyer and seller. The Bully Supply is not a party in the transaction, does not facilitate any aspect of the transaction, and cannot assist with any lost of funds or items in any manner related to the transaction.

Payment

The Bully Supply Currently uses Stripe, Inc. (“Stripe”), as a payment processing services, as its Payment Provider. The Bully Supply is not a party to the Strip Services Agreement and is not responsible for the payment services provided by Strip. Refer to Services Agreement - United States | Stripe.

User Content

You accept that The Bully Supply website, mobile applications and other online products and services are “as-is” and choose to use the internet-based marketplace at your own risk. Understand that The Bully Supply website, mobile applications and other online products and services may contain inaccurate, inappropriate, or possibly offensive material, and we assume no responsibility or liability for such material. If you engage in any of the conduct described below or similar conduct, The Bully Supply may suspend or terminate your right to access Services, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.

The Services consist of interactive features and areas that allow users to create, post, transmit, or store content, including but not limited to photos, text, reviews, graphics, items, or other materials (collectively, "User Content"). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your User Content may be viewable by others. Except for the license you grant below, you retain all rights in and to your User Content, as between you and The Bully Supply.

You agree to provide valid, true, accurate, current, complete, and updated information about yourself as prompted when registering a User Account. If you provide any information or The Bully Supply has reasonable grounds to suspect that such information is invalid, untrue, inaccurate, not current, or incomplete, The Bully Supply has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

You retain all ownership rights in your User Content. Without limiting the foregoing, when you submit User Content to The Bully Supply, you agree that the User Content License accords The Bully Supply the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. By submitting User Content to The Bully Supply, you grant The Bully Supply a perpetual, irrevocable, nonexclusive, royalty-free, worldwide, fully paid, and sub licensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and display your User Content and any name, username or likeness provided in connection with your User Content in all media formats and channels now known or later developed without compensation to you, or any other companies, organizations, or individuals.

Feedback

The Bully Supply welcomes your Feedback, suggestions, ideas, documents, reviews or other information or materials regarding The Bully Supply. Feedback is non-confidential and shall become sole property of The Bully Supply without acknowledgment or compensation to you.

Please contact us at support@thebullysupply.com.

No Unlawful or Prohibited Use/Intellectual Property

Unauthorized use of The Bully Supply Content may violate such laws and these Terms. You are granted a non-exclusive, non-transferable, revocable license to access and use the Site subject to your strict compliance with these Terms. As a condition of your use of the Site, you warrant to The Bully Supply that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site, or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of The Bully Supply or its suppliers or licensors, or Third-Party Sites and their users or licensors, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse-engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Bully Supply content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use Site content solely for your personal non-commercial use and will make no other use of the content without the express written permission of The Bully Supply and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of The Bully Supply or our licensors except as expressly authorized by these Terms.

You will not (and will not allow or authorize any third-party to) post, upload to, transmit, distribute, store, create, solicit, disclose, or otherwise publish through The Bully Supply Services any User Content. This license is subject to these Terms and does not include:

  • The distribution, public performance, or public display of The Bully Supply Content, other than on personal social media accounts.
  • Modifying or otherwise making any derivative uses of the Services or The Bully Supply Content, or any portion thereof.
  • Use of any scraping, data mining, robots, or similar data gathering or extraction methods.
  • Downloading (other than page caching) any portion of the Services, The Bully Supply Content, or any information contained therein, except as expressly permitted on the Services.
  • Any use of the Services or The Bully Supply Content other than for their intended purposes.
  • Is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing threatening, invasive of privacy or publicity rights, abusive, inflammatory, or fraudulent.
  • Is, in The Bully Supply judgment, disrespectful, inappropriate, or may expose The Bully Supply, our users or others to harm or liability.
  • May infringe the patent, trademark, trade secret, copyright, intellectual, privacy or proprietary right of any party.
  • Would constitute, encourage, or provide instructions for a criminal offense, violate the rights of any party, or otherwise create liability or violate any local, state, national or international law.
  • Includes any statements or claims that do not reflect your honest views and experiences.
  • Contains any unsolicited marketing promotions, political campaigning, advertising, or solicitations.
  • Contains any private information of any third parties, including addresses, phone numbers and payment card information; or
  • Contain viruses, corrupted data or other harmful, disruptive, or destructive files.

The Bully Supply assumes no responsibility to actively monitor User Content and does not endorse any use of the Services or The Bully Supply Content other than as specifically authorized in these Terms, without the prior written permission of The Bully Supply, is strictly prohibited and will terminate the license to use The Bully Supply granted in these Terms. Although The Bully Supply has no obligation to screen, edit, or monitor User Content, The Bully Supply may delete or remove User Content at any time and for any reason with or without notice.

You acknowledge and agree that The Bully Supply may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of The Bully Supply, its users, and the public.

Prohibited Activities

In addition to the other restrictions outlined in these Terms, you will not violate any applicable law, contract, intellectual property right or other third-party right or commit a wrongful act or an infringement of a right leading to civil legal liability while using The Bully Supply Services. You are expressly restricted from all of the following:

  • Publishing any Site material (derived from the Site) in any media;
  • Selling, sublicensing, and/or otherwise commercializing any Site material;
  • Using the Site contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Site, or to any person or business entity;
  • Providing false, misleading, or inaccurate information, or impersonating any person or entity, in using the Site, including in creating an account;
  • Creating an account or accessing parts of the Site without authorization to do so;
  • Attempting to probe, scan, or test the vulnerability of the Site, system, or network;
  • Attempting to modify, reverse-engineer, decompile, or disassemble any source code;
  • Engaging in any data mining, data harvesting, data extracting, or any other similar activity in relation to the Site, or while using the Site; and
  • Using the Site to engage in any advertising or marketing except as expressly authorized by us prior to any such use.

Account Security

You acknowledge and agree that there is risk associated with utilizing an internet-based marketplace. You assume the entire risk as to the quality and performance of the Services. After opening an, The Bully Supply, account, you accept all responsibility for any activity that occurs while logged into your account. You are entirely responsible for activity under your account and maintaining the confidentiality of any account credentials, and you should immediately notify us of any unauthorized access. We will not be liable for anyone else using your account. If we believe that you have violated these Terms, we may refuse further access and suspend or terminate your account.

Changes to Terms

The Bully Supply reserves the right, in its sole discretion, to change the Terms under which the Site is offered. The most current version of the Terms will supersede all previous versions.
The Bully Supply encourages you to periodically review the Terms to stay informed of our updates.

DMCA Notice and Procedure for Copyright Infringement Claims

You may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by emailing us with the following information in writing (see 17 U.S.C §512(c)(3) for further detail): an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright's interest; a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; identification of the URL or other specific location on the Site where the material that you claim is infringing is located; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. If you believe we have removed your content in error, you may file a counter-notice under the DMCA. If you are a repeat infringer, we may take further action pursuant to a repeat infringer policy.

Disclaimer

Your use of our Services is at your sole risk. Except as otherwise provided in a writing by us, The Bully Supply Services and any content therein are provided “as is” and “as available” without warranties of any kind, either express or implied including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and no-infringement. In addition, The Bully Supply does not represent or warrant that our Services are accurate, completed, reliable, current, or error-free or that our Services are free of viruses or other harmful components. You assume the entire risk as to the quality and performance of the Services. YOU AGREE THAT ANY ANIMAL LISTED THROUGH THE BULLY SUPPLY SERVICES IS NOT IN ANY WAY WARRANTED OR GUARANTEED BY THE BULLY SUPPLY. EACH LISTING IS THE SOLE RESPONSIBILITY OF THE SELLER, INCLUDING THE STATEMENTS MADE BY THE SELLER AND THE CONDITION OF THE ITEM SOLD BY THE SELLER.

International Users

The Bully Supply Services is hosted, controlled, operated, and administered from our offices within the USA. The Services, including the text, graphics, images, photographs, videos, illustrations, and other content contained therein, are owned by The Bully Supply or our licensors and are protected under both United States and foreign laws. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.

Termination/Access Restriction

The Bully Supply reserves the right, in its sole discretion, to terminate your access to the website, mobile applications and other online products and related services or any portion thereof at any time, without notice. If you breach these Terms or any applicable law, your rights under these Terms, including your right and limited license to use the Site, will immediately terminate without further notice to you. Without limiting any other provision of these Terms, the provisions relating to indemnification, dispute resolution and mandatory arbitration, miscellaneous terms, and liability disclaimers shall expressly survive termination of these Terms.

Indemnification

You agree to the fullest extent permitted by applicable law, you will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from and against any and all complaints, charges, claims, damages, losses, costs (“Claims”) arising out of or related to liabilities and against any and all claims or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, or your violation of any law or the rights of a third party.

Limitation of Liability

THE information, software, and services included in or available through the website and any associated mobile and software applications may include inaccuracies or typographical errors. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, The Bully Supply and the other The Bully Supply Parties will not be liable to you under any theory of liability-whether based in contract, tort, negligence, warranty, or otherwise-for any indirect, consequential, incidental, or special damages or lost profits, even if The Bully Supply or the other The Bully Supply Parties have been advised of the possibility of such damages. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. The Bully Supply WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND AND DOES NOT WARRANT THAT The Bully Supply SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), ADVERTISEMENTS, LISTINGS, REVIEWS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH The Bully Supply SERVICES INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING, EVEN IF The Bully Supply HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. The Bully Supply SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM The Bully Supply ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOUR ONLY REMEDY AGAINST The Bully Supply FOR DISSATISFACTION WITH THE SERVICES OR ANY CONTENT IS TO STOP USING THE SERVICES.

Dispute Resolution and Mandatory Arbitration

PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE CERTAIN DISPUTES WITH The Bully Supply, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US, UNLESS YOU OPT OUT OF ARBITRATION BY FOLLOWING THE INSTRUCTIONS SET FORTH BELOW.

Applicability of Arbitration Agreement. We encourage you to seek resolution of any “Claim” by first contacting us at the contact information below. Notwithstanding any choice of law or other provision in the Terms or the use of any product or service provided by The Bully Supply, “Claim(s)” means any dispute of any kind between you and us, or any of our owners, officers, managers, directors, employees, agents, partners, suppliers, consultants, representatives, affiliates, successors, or assigns (collectively, “Company Entities”) related to or arising out of these Terms, the Privacy Policy, the Site, or our services. If we cannot reach an informal resolution or be resolved in small claims court, the arbitration provisions below will govern.

Binding Arbitration and Waiver of Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE PARTIES AGREE TO RESOLVE ALL CLAIMS AGAINST EACH OTHER OR AGAINST COMPANY ENTITIES BY BINDING ARBITRATION IN RICHWOOD, TEXAS BEFORE ONE ARBITRATOR. ANY ELECTION TO ARBITRATE BY ONE PARTY SHALL BE FINAL AND BINDING ON THE OTHER. THE ARBITRATOR MAY AWARD RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION OR REPRESENTATIVE CAPACITY. YOU ACKNOWLEDGE THAT, WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION. EACH PARTY KNOWINGLY, INTENTIONALLY, AND VOLUNTARILY WAIVES ANY RIGHT EACH MAY HAVE TO A TRIAL BY JURY OR TO A CLASS ACTION.  The Federal Arbitration Act and federal arbitration laws will govern this arbitration provision. The arbitration shall be administered by JAMS pursuant to its “Streamlined Arbitration Rules and Procedures,” and the arbitrator shall apply Texas laws. For more information, see www.jamsadr.com. The arbitration may be conducted in person or via document submission, telephone, or email, but the arbitration location shall be in Richwood, Texas. The parties each waive any objection to personal jurisdiction and venue. Upon request, we will pay your initial consumer arbitration fee of $250 to JAMS; however, if the arbitrator finds that your claim or the relief sought is frivolous or brought for an improper purpose, you will be responsible for reimbursing us for the initial arbitration fee, without limiting any other remedy available to us. The prevailing party shall be entitled to receive its reasonable attorney’s fees, legal costs, and any expenses incurred in such arbitration, and the arbitrator shall determine the prevailing party for this purpose. Notwithstanding this arbitration provision, you may assert a Claim on an individual basis in small claims court if the Claim seeks $2,500 or less.

Provisional Remedies, Venue. THIS AGREEMENT TO ARBITRATE DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, OR FROM APPLYING TO A COURT FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION IN AID OF ARBITRATION, INCLUDING TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, IN STATE OR FEDERAL COURTS IN RICHWOOD, TEXAS. THE PARTIES WAIVE ANY OBJECTION TO PERSONAL JURISDICTION AND VENUE IN RICHWOOD, TEXAS.

Applicable Law/Survival

Any dispute between you and The Bully Supply will be governed by these Terms and the laws of the State of Texas and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction. This Arbitration Agreement will survive the termination of your relationship with The Bully Supply.

Severability

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Complete Agreement

These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and The Bully Supply. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion without notice. If we make changes to these Terms, we will update the "Last Updated" date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your, The Bully Supply, account.

Questions and Comments

The Bully Supply welcomes comments, questions, concerns, or suggestions. Please send feedback to us by visiting support@thebullysupply.com.

 

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