Términos del servicio

Marching Dogs Terms of Use

Effective from August 23, 2023.
Last Updated on June 25, 2024.

Marching Dogs (“Marching Dogs”, “we”, or “us”) operates, hosts, or manages a number of websites, including, without limitation, Marching Dogs Website (the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features, and functions that are offered and made available on, through, or using the Site or any other property that links to these Terms (collectively, the “Service”).

Eligibility
Users of the Service must be at least 18 years old or have the permission and acceptance (to these Terms of Use) of a parent or guardian. Access to the Site or use of the Service by anyone under the age of 13 is prohibited, even with parental or guardian consent. By using the Service, you also represent, warrant, and agree that you are able to form a legally binding contract with the Company, you are not a person who is barred from using the Services under the laws of the United States or any other applicable jurisdiction, and you will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

Arbitration Agreement
Please carefully read these Terms, including the binding arbitration provision contained below under “Arbitration Agreement”. This will require you to submit claims you have against us to binding and final arbitration, unless you opt out of the binding arbitration provision by following the opt-out procedures described below or unless a limited exception applies. If you do not opt out, you will only be permitted to pursue claims against us on an individual basis and not as a plaintiff or class member in any class or representative action.

Acceptance of Terms
These Terms constitute a legally binding agreement between you and us. BY ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND ARE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN. IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SERVICE.

Modification
We reserve the right, in our sole discretion, to modify, discontinue, or terminate the Service and to modify these Terms at any time. Modifications will be updated on the Site and an “Effective Date” will be noted. By continuing to access or use the Service after modifications, you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, please cease using the Service.

Privacy
Our Privacy Policy is incorporated by reference into these Terms. Please read it carefully, as it describes how we collect and use information from you when you use the Service.

Consignment
Marching Dogs offers a consignment service allowing you to submit your sneakers for sale. Marching Dogs is the seller of record for purchases made by buyers shopping from the United States. Our consignment service is governed by the Marching Dogs Consignment Agreement (“Consignment Agreement”), which is incorporated into these Terms. By using our consignment service, you agree to be bound by the Consignment Agreement.

Registration
You may view some parts of the Service without registering, but to access and use other parts, you may be required to register an account with us. You are solely responsible for any activity on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to suspend or cancel your account at any time for any reason without prior notice. If there has been unauthorized use of your password or account, notify us immediately.

Inventory Availability
We strive to ensure that the product you're ordering is available at the time of purchase. However, there may be instances where a product becomes unavailable during the order process, and we cannot fulfill your order. We make no guarantees on product availability as represented on the Site.

Prices
The price of a product is the price in effect at the time we receive your order. Prices may change without notice. If the Site lists an incorrect price for an item, we will notify you before the item has shipped. All prices are in U.S. dollars and do not include shipping charges.

Shipping and Delivery
For details on our shipping and delivery policies, please refer to our Shipping and Return Policy and FAQs.

All Sales Are Final
All sales are final. No refunds or exchanges are permitted. If you have concerns about sizing for a particular style of shoe, consult the manufacturer’s size guidelines.

Typographical Errors
We are not responsible for typographical errors. While we make every effort to ensure that information on the Site is accurate, errors may occur in pricing, model names, style numbers, and descriptions. We reserve the right to correct such errors on a case-by-case basis at our sole discretion.

Gift Cards
Marching Dogs gift cards (“Gift Cards”) are not credit or debit cards and have no implied warranties. Gift Cards are not redeemable for cash unless required by law and cannot be used to make payments on any charge account or to purchase other Gift Cards. To check the balance of a Gift Card, contact support at our designated support page and include your Gift Card code.

The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission to the purchaser or designated recipient. We are not responsible for lost, stolen, or unauthorized use of Gift Cards.

Ownership
Unless otherwise stated, we and our licensors are the sole owners of the Service and all its content, including copyrights, trademarks, and other intellectual property rights. You agree that all right, title, and interest in the Service will remain our exclusive property. Unauthorized use of any Marching Dogs name, logo, or other proprietary information is strictly prohibited.

Feedback
We welcome and encourage feedback, comments, and suggestions for improvements to the Site or Service (“Feedback”). All Feedback will become the sole property of Marching Dogs, and you irrevocably assign all rights to such Feedback to us.

Use Restrictions
Your use of the Service is conditioned on your compliance with these Terms and all applicable laws. You agree not to engage in unauthorized or unlawful activities, including but not limited to:

Accessing or using the Service if you are unable to form legally binding contracts.
Posting or transmitting content that infringes on third-party rights or is unlawful, misleading, or harmful.
Using automated means to access or scrape the Service.
Using the Service for unauthorized advertising or spam.
Impersonating others or misrepresenting affiliations.
Violating privacy, intellectual property, or other proprietary rights.
We reserve the right to investigate and prosecute violations to the fullest extent of the law and may involve law enforcement authorities in such actions. We have the right to monitor your access and use of the Service for operational purposes and to ensure compliance with these Terms.

COPYRIGHT
In accordance with the Digital Millennium Copyright Act of 1998 (the "DMCA"), the text of which may be found on the U.S. Copyright Office website, Marching Dogs, LLC will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Marching Dogs, LLC’s Designated Copyright Agent identified below.

If you are a copyright owner, or are authorized to act on behalf of one, or are authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Service by providing Marching Dogs, LLC’s Designated Copyright Agent a DMCA Notice of Alleged Infringement (“Notice”) containing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
Your full legal name, mailing address, telephone number, and (if available) email address.
A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent, or the law.
A statement that the information you have supplied is accurate and that under penalty of perjury you are the copyright owner or authorized representative of the copyright owner.
Your electronic or physical signature.
Deliver this Notice, with all items completed, to Marching Dogs, LLC’s Designated Copyright Agent – Copyright Agent, c/o Marching Dogs, LLC, Support@marchingdogs.com. We suggest that you consult your legal advisor before delivering a Notice. Upon receipt of the Notice, Marching Dogs, LLC will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Service.

DISCLAIMER OF WARRANTIES
THE SERVICE AND ALL ITEMS SOLD OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, MARCHING DOGS, LLC EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MARCHING DOGS, LLC MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL BE SATISFACTORY TO YOU, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS.

LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER MARCHING DOGS, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICE.

INDEMNITY
You agree to defend, indemnify, and hold harmless Marching Dogs, LLC and its employees, officers, directors, agents, representatives, licensors, suppliers, and service providers from and against all claims, losses, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with (i) your use of, or activities taken, in connection with the Service; or (ii) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.

ARBITRATION AGREEMENT
PLEASE READ THIS SECTION CAREFULLY. EXCEPT AS THESE TERMS OTHERWISE PROVIDE, YOU WAIVE YOUR RIGHT TO TRY ANY CLAIM IN COURT BEFORE A JUDGE OR JURY AND TO BRING OR PARTICIPATE IN ANY CLASS, COLLECTIVE, OR OTHER REPRESENTATIVE ACTION. Other rights that you would have if you brought a claim to court, such as access to discovery or appeals, also might be unavailable or limited in arbitration.

Agreement to Binding Arbitration; Class Action Waiver
Except as these Terms otherwise provide and to the fullest extent permitted by law, you and Marching Dogs, LLC acknowledge and agree that you are each waiving the right to a trial by jury and to the litigation of disputes in state or federal courts of general jurisdiction. The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action/class arbitration or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. You and Marching Dogs, LLC may not be plaintiffs or class members in any purported class, collective, private attorney general, or representative proceeding, or otherwise make or proceed with any claim on a collective or consolidated basis, and may each bring claims against the other only in your or its individual capacity.

Initiating Arbitration
You and Marching Dogs, LLC agree that any Covered Dispute between you and Marching Dogs, LLC shall be settled by final and binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights.

Arbitration Rules and Governing Law
Any arbitration between you and Marching Dogs, LLC will be administered by National Arbitration and Mediation ("NAM") in accordance with NAM's operative Comprehensive Dispute Resolution Rules and Procedures (the "NAM Rules") in effect at the time any demand for arbitration is filed with NAM, as modified by this “Arbitration Agreement” section. For a copy of the NAM Rules, please visit this link or contact NAM at NAM's National Processing Center at 990 Stewart Avenue, 1st Floor, Garden City, NY 11530. If you have a question about the NAM Rules, please contact NAM via email at commercial@namadr.com. If NAM is unavailable or unwilling to administer the arbitration, the parties will select an alternative private neutral arbitrator to conduct the arbitration in accordance with the NAM Rules. If the parties are unable to agree, they will petition a court of competent jurisdiction to appoint an arbitration administrator that will do so. Any arbitration will be held before a single neutral arbitrator. The Federal Arbitration Act will govern the interpretation and enforcement of this “Arbitration Agreement” section.

Arbitration Process and Selection of Arbitrator
A party who desires to initiate arbitration must provide NAM with a written demand for arbitration or arbitration notice form made available from the arbitration administrator and supplement that form with a detailed description of your claim. You must personally sign your demand for arbitration. You agree to also send Marching Dogs, LLC a copy of your demand for arbitration by email to legal@marchingdogs.com. If Marching Dogs, LLC initiates arbitration, Marching Dogs, LLC will send a copy of its demand for arbitration to your email address on file. Unless you and Marching Dogs, LLC otherwise agree, the arbitration will be conducted in the county you reside in within a reasonable time, without undue delay.

Arbitrator’s Decision
The arbitrator has the sole authority to address all claims or arguments by both parties concerning the formation, legality, and enforceability of this arbitration clause, the scope of this clause, and the arbitrability of any claim or issue arising between you and Marching Dogs, LLC. Provided the parties have not agreed otherwise, the arbitrator will have the same powers as a court of competent jurisdiction would to administer the arbitration and will administer the arbitration according to these Terms. The arbitrator will render an award within the timeframe specified in the NAM Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator's award shall be final and binding only between you and Marching Dogs, LLC and shall have no preclusive effect in any other arbitration or proceeding involving a different party, provided that the arbitrator may consider rulings in other arbitrations involving different arbitrations.

Costs of Arbitration
Payment of all filing, administration, and arbitrator fees will be governed by the NAM Rules. You will be responsible for payment of the then-current filing fee as required by NAM Rules at the time the demand is filed. Marching Dogs, LLC will be responsible for payment of the balance of such filing fee and other administrative and arbitrator fees associated with the arbitration in accordance with the NAM Rules. If you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Marching Dogs, LLC will pay as much of your share of the filing fee as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

Special Additional Procedures for Mass Arbitration
If 25 or more individuals seek to initiate arbitrations with Marching Dogs, LLC raising similar claims, and counsel for the individuals bringing the claims are the same or coordinated or the claims are otherwise coordinated ("Mass Claims"), you and Marching Dogs, LLC agree that these additional procedures shall apply, along with the applicable NAM Rules. You understand and agree that if you choose to initiate your claim as part of Mass Claims, the adjudication of your claim might be delayed. Counsel for the individuals and counsel for Marching Dogs, LLC shall each select the same number of cases, up to 15 cases (per side), to be filed in and proceed in arbitration in bellwether proceedings to be resolved individually. Each case in the first set of bellwether proceedings shall be assigned to a separate and different arbitrator. In the meantime, no other cases may be filed or deemed filed, processed, adjudicated, or pending in arbitration, nor shall any arbitration fees be assessed in connection with those cases, until the first set of up to 30 cases are settled. If the parties are unable to resolve the remaining cases after the conclusion of the first set of bellwether proceedings, each side may select an additional same number of cases, up to 15 cases (per side), to be filed in and proceed in arbitration in a second set of bellwether proceedings to be resolved individually. Each case in each additional set of bellwether proceedings shall be assigned to a separate and different arbitrator. This process shall continue consistent with this staged process of administering and moving forward up to a maximum of 30 individual arbitration proceedings at a time until the parties are able to resolve all of the Mass Claims, either through settlement or arbitration. If these additional mass arbitration procedures apply to your claim, any applicable statute of limitations shall be tolled from the time the first cases are selected for a bellwether proceeding until your claim is selected for a bellwether proceeding, withdrawn, or otherwise resolved. A court of competent jurisdiction shall have the authority to enforce these mass arbitration procedures and, if necessary, to enjoin the filing or prosecution of arbitrations.

OPT-OUT RIGHT
YOU MAY OPT OUT OF THIS AGREEMENT TO ARBITRATE. IF YOU DO SO, NEITHER YOU NOR MARCHING DOGS, LLC CAN REQUIRE THE OTHER TO PARTICIPATE IN AN ARBITRATION PROCEEDING. TO OPT OUT, YOU MUST NOTIFY US IN WRITING WITHIN 30 DAYS OF THE DATE THAT YOU FIRST BECAME SUBJECT TO THIS ARBITRATION PROVISION BY EMAILING legal@marchingdogs.com. You must include your name and residence address, the email address for your account, and a clear statement that you want to opt out of this arbitration agreement.

Severability of Arbitration Provisions
If a court of competent jurisdiction decides that applicable law precludes enforcement of any portion of this “Arbitration Agreement” section as to a particular claim for relief, then such claim (and only such claim) must be severed from the arbitration and may be litigated in a civil court of competent jurisdiction, and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. All other claims will be arbitrated, and the arbitrator (and not any federal, state, or local court or agency) shall have exclusive authority to resolve any dispute arising out of or relating to the breach, termination, enforcement, interpretation, validity, scope, applicability or formation of this agreement to arbitrate (including previous versions of this agreement to arbitrate), any part thereof, or of these Terms (including previous versions of these Terms), including, but not limited to, any claim that all or any part of this agreement to arbitrate or these Terms are void or voidable. Further, if any part of this “Arbitration Agreement” section is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this “Arbitration Agreement” section will be enforceable.

Changes
Notwithstanding the provisions of the “Modification” section above, if we materially change this “Arbitration Agreement” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice by emailing us at legal@marchingdogs.com within 30 days of the date such change becomes effective, as indicated above or in our email to you notifying you of such change or cancel your account. By rejecting any change or canceling your account, you are agreeing that you will arbitrate any Covered Dispute between you and Marching Dogs, LLC in accordance with the provisions of this “Arbitration Agreement” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms). If you reopen your canceled account or create a new seller account, you agree to be bound by the then current version of the Terms.

THIRD-PARTY SITES
The Service may contain links to third-party websites. We have no control over such websites and are not responsible for the availability of such external websites. We do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party websites linked from the Site. We make no representations regarding the content or accuracy of materials on such third-party websites, and your use of third-party websites is at your own risk and subject to the terms, conditions, policies, and procedures of such websites. In addition, other third-party websites may provide links to the Service with or without our authorization. You acknowledge and agree that we do not endorse such third-party websites and are not and will not be responsible or liable for any links from those sites to the Service, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

By consenting to Marching Dogs’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.marchingdogs.com/pages/contact or Support@MarchingDogs.com for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions.

You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://www.marchingdogs.com/policies/privacy-policy to determine how we collect and use your personal information.

TERMINATION
We may immediately, without prior notice, suspend or terminate your use of and access to the Service or terminate these Terms as they apply to you, at our sole discretion, for any reason, whether with or without cause or warning, and without liability.

APPLICABLE LAW
These Terms will be construed and enforced under the laws of the State of Indiana without regard to the choice of law principles, except for the agreement to arbitrate set forth above under the heading “Arbitration Agreement”, the interpretation and enforcement of which shall be governed by the Federal Arbitration Act. The exclusive jurisdiction and venue of any action to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights will be the state and federal courts located in the State of Indiana, and each of you and Marching Dogs, LLC waives any objection to jurisdiction and venue in such courts. If the agreement to arbitrate set forth above under the heading “Arbitration Agreement” is found not to apply to you or to a particular dispute, claim or controversy, either as a result of your decision to opt out of the agreement to arbitrate or as a result of a decision by the arbitrator or a court order, the exclusive jurisdiction and venue for the resolution of such dispute, claim or controversy will be the state and federal courts located in the State of Indiana, and each of you and Marching Dogs, LLC waives any objection to jurisdiction and venue in such courts.

NOTICE FOR CALIFORNIA USERS
Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N Street, #501, Sacramento, California 95814, or by telephone at 1-916-445-1254.

WAIVER; SEVERABILITY
Our failure to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Marching Dogs, LLC. Except as expressly set forth in these erms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal, or unenforceable by a court, arbitrator, or other tribunal of competent jurisdiction, then (a) the validity, legality, and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

SURVIVAL
NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS, ANY PROVISION OF THESE TERMS THAT IMPOSES OR CONTEMPLATES CONTINUING OBLIGATIONS ON YOU OR MARCHING DOGS WILL SURVIVE THE TERMINATION OF THESE TERMS.

QUESTIONS OR COMMENTS
If you have any questions or comments about these Terms or the Service, please contact us at Support@marchingdogs.com.

 

 

 

Marching Dogs Consignment Policy / Agreement
Last Updated: August 26, 2023.

These Terms of Use will, unless and until superseded by another agreement, be applicable to all footwear and other items delivered by you (“you”) to, and accepted by, Marching Dogs, LLC (“Marching Dogs” or “we”) for sale on consignment (such accepted footwear and other items collectively, “Items”).

1. Delivery and Acceptance of Items
By following the instructions provided to you on the Official Marching Dogs Discord server, you will be able to identify the Items you want to consign with Marching Dogs, set a consignment price for each Item (the “Consignment Price”), and ship such Items to Marching Dogs Headquarters (MD HQ) located in Columbus, Indiana, or drop off such Items in person.

All consigners, regardless of location, are responsible for the shipment and any duties, fees, or taxes associated with shipping to and from them and Marching Dogs.

You will be sent confirmation pictures in your respective consignment channel once approved.

Marching Dogs reserves the right, in its sole and absolute discretion and for any reason or no reason, to refuse to accept any or all Items which you may seek to deliver or drop off to us for consignment.

2. Rejected Items
If you deliver item(s) to Marching Dogs that do not match the description you provided (e.g., wrong size, SKU, different condition), we will notify you in your respective consigner's channel in the Marching Dogs Discord server.

If you deliver item(s) to us that we deem inauthentic or unsellable in our sole and reasonable discretion, you will have the option to have the item(s) sent back to you or disposed of by us. Any fake or inauthentic items received by Marching Dogs will cause a full consigner audit, and all of their inventory at Marching Dogs will be frozen or delisted. We have Project Legit Check, our in-house authentication group, checking all products diligently, and deliveries of inauthentic products will put strikes on your account and will lead to a permanent ban from selling on our platform if broken three times.

3. Representations and Warranties
You represent and warrant to Marching Dogs that (a) you are the valid and lawful owner of the Items and have good and marketable title to the Items; (b) none of the Items are or will be subject to any lien, demand, encumbrance, security interest or other claim; (c) you have the full legal right to offer and sell the Items; (d) the Items are genuine, authentic, new, and unused, and will conform to the description stated in the Marching Dogs Consigner Seller Sheet; (e) your performance of your obligations under these Terms of Use will not conflict with, or result in any violation of or default under, or require any consent, approval, or waiver from any person pursuant to, any contract to which you are party; and (f) you will comply with all laws and regulations applicable to you in the performance of your obligations under these Terms of Use.

4. Sales Efforts; Prices
By delivering Items to Marching Dogs, you authorize us to offer the Items for sale in such manner we deem appropriate. Marching Dogs will rarely ever put items on sale as we encourage sellers to list reasonably to market demand. It should be noted that coupons can be earned through the Marching Dogs rewards program, and this should be acknowledged when deciding list prices.

Marching Dogs only collects tax for customers in Indiana, and this will be taken out from the sold price, when applicable.

Marching Dogs makes no guarantees as to whether, when, or at what price any of the Items can or will be sold.

5. Proceeds of Sales; Payments
Collection of Sales Proceeds and Taxes. Marching Dogs will collect payments for all sales of Items.

Marching Dogs’ Commission. We will receive a commission from each sale of an Item equal to 10% of the sold price plus $3 USD (7% rate plus the additional 3% credit card processing fees; 5% credit card processing fee if international). This rate is only applicable for consigners approved within the time this policy is active.

Your Earnings. Any sales will be communicated in your channel in the Discord server. Once the payout has been sent to MD, we will payout to the requested payment platform. ACH direct transfer and PayPal are our preferred payout methods. We do not pay in Crypto, and we are not responsible for any fees associated with the platform of your choosing. There is no minimum associated with payouts; payouts are sent upon sale.

6. Withdrawal of Items
Either you or Marching Dogs may, at any time, elect to withdraw the offering of any or all of the Items which have not yet been sold.

Upon any withdrawal of Items, we will ship such Items to the address given in the Consigner's discord channel in the discord server. The items returned to the consigner will be the exact same item they sent to Marching Dogs. All items are cataloged with the name of the consigner to maintain a paper trail.

7. Risk of Loss
We shall have no liability to you or any third parties for any loss or damage to the Items in transit to Marching Dogs. Items in transit, both to and from Marching Dogs, are not covered, nor are we liable in any way. It is the responsibility of the courier to deliver the said items. All items secured under Marching Dogs are secured safely and guarded 24/7 with the latest security and armament to ensure all products remain in the condition as they were sent to Marching Dogs.

8. Termination
We may terminate these Terms of Use at any time, with or without cause, by posting in the Marching Dogs discord server. You may terminate by withdrawing all Items as described above in Section 6 (Withdrawal of Items), in which case these Terms of Use will terminate as between you and us after all Items have been returned to you.

Provisions of these Terms of Use which, by their nature, should continue to apply after the termination or expiration of these Terms of Use, or which impose continuing obligations on you or us, will survive any termination or expiration of these Terms of Use.

9. DISCLAIMER OF WARRANTIES
YOU ACKNOWLEDGE AND AGREE THAT MARCHING DOGS’ SERVICES ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. WITHOUT LIMITING THE FOREGOING, TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, MARCHING DOGS, LLC EXPLICITLY DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. MARCHING DOGS MAKES NO WARRANTY THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SERVICE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SERVICE WILL BE SATISFACTORY TO YOU, THAT ERRORS OR DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER DISABLING DEVICES OR HARMFUL COMPONENTS. MARCHING DOGS MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SERVICE.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM MARCHING DOGS OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE REMAINS WITH YOU. NEITHER MARCHING DOGS NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, INCLUDING ANY OF MARCHING DOGS’ AFFILIATES, SHALL BE LIABLE TO YOU FOR ANY COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, ARISING OUT OF OR IN CONNECTION WITH: (I) THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE; (II) THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE; (III) ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE; (IV) YOUR VISIT TO A VENUE RESULTING FROM YOUR USE OF THE SERVICE; (V) PRICING, SHIPPING, FORMAT, OR OTHER GUIDANCE PROVIDED BY MARCHING DOGS; (VI) DELAYS OR DISRUPTIONS IN THE SERVICE; (VII) VIRUSES OR OTHER MALICIOUS SOFTWARE OBTAINED BY ACCESSING THE SERVICE OR THOSE OF ANY SITE, SERVICES, OR TOOLS LINKED TO THE SERVICE; (VIII) GLITCHES, BUGS, ERRORS, OR INACCURACIES OF ANY KIND IN THE SERVICE; (IX) DAMAGE TO YOUR HARDWARE DEVICE FROM THE USE OF THE SERVICE; (X) THE CONTENT, ACTIONS, OR INACTIONS OF THIRD PARTIES, INCLUDING ITEMS LISTED THROUGH THE SERVICE OR THE DESTRUCTION OF ALLEGEDLY FAKE ITEMS; (XI) A SUSPENSION OR OTHER ACTION TAKEN WITH RESPECT TO YOUR SELLER ACCOUNT; (XII) THE DURATION OR MANNER IN WHICH ITEMS YOU CONSIGN APPEAR ON THE SERVICE; OR (XIII) YOUR NEED TO MODIFY PRACTICES, CONTENT OR BEHAVIOR, OR YOUR LOSS OF ABILITY TO DO BUSINESS, AS A RESULT OF CHANGES TO THESE TERMS OF USE OR MARCHING DOGS’ POLICIES, IN EACH CASE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MARCHING DOGS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT MARCHING DOGS SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING THE SERVICE OR IN CONNECTION WITH THE SERVICE. MARCHING DOGS SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SERVICE OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SERVICE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, THE AGGREGATE LIABILITY OF MARCHING DOGS SHALL BE LIMITED IN ACCORDANCE WITH THESE TERMS OF USE TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING ANY OF THE FOREGOING, IN NO EVENT WILL MARCHING DOGS’ AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR FROM THE USE OF OR INABILITY TO USE THE SERVICE EXCEED THE AMOUNTS YOU HAVE PAID TO MARCHING DOGS FOR USE OF THE SERVICE IN THE TWELVE (12) MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MARCHING DOGS.

IF YOU HAVE A DISPUTE WITH MARCHING DOGS OR ARE DISSATISFIED WITH THE SERVICE, TERMINATION OF YOUR USE OF THE SERVICE IS YOUR SOLE REMEDY. MARCHING DOGS HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

11. Indemnification
You agree to defend, indemnify, and hold harmless Marching Dogs, its officers, directors, employees, agents, licensors, and suppliers, from and against all claims, actions, demands, liabilities, judgments, and settlements, including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms of Use or your use of the Service, including, but not limited to, any content that you post, any use of Marching Dogs' materials, content, and intellectual property, or any use of Marching Dogs' consigned items, other than as expressly authorized in these Terms of Use.

12. Consignment Process and Agreement
By consigning items with Marching Dogs, you agree to send your products to Marching Dogs Headquarters (MD HQ) located in Columbus, Indiana. All products will be checked upon arrival and again before shipment to the customer. Marching Dogs reserves the right to accept or reject any items based on quality, authenticity, and market demand.

13. Acceptance and Screening
Only select chosen individuals who have been properly screened will be accepted as consignors. Marching Dogs reserves the right to review and approve or deny any consignment application at its sole discretion. There is no queue or wait times for approvals. Approvals are not quick and we do investigate all consigners heavily. Any question to quality or sourcing of the individual will result in rejection of the submitted application.

14. Shipping to MD HQ
All consigned items must be shipped to Marching Dogs Headquarters (MD HQ) in Columbus, Indiana. Shipping costs and arrangements are the responsibility of the consignor unless otherwise agreed upon in writing with Marching Dogs.

15. Authentication and Quality Check
Upon receipt of the consigned items, Marching Dogs will conduct a thorough inspection and authentication process. Any items found to be inauthentic, damaged, or not meeting Marching Dogs' quality standards will be returned to the consignor at the consignor's expense or disposed of as agreed upon.

16. Pricing and Sales
Marching Dogs will determine the selling price of the consigned items based on market value, demand, and condition. The consignor agrees to the pricing set by Marching Dogs and understands that discounts and promotions may be applied at Marching Dogs' discretion.

17. Payment and Fees
Payment for sold items will be made to the consignor in accordance with the agreed-upon payment terms. Marching Dogs will deduct any applicable fees, including consignment fees, from the payment. All payment details will be transparently communicated to the consignor. Consigners can adjust their prices at any time on Marching Dogs by requesting a price change in their respective channel in the discord server.

18. Unsold Items
Any items that remain unsold after a specified period may be returned to the consignor, donated, or disposed of as per the agreement between Marching Dogs and the consignor.

Section 19: Liability and Insurance
Marching Dogs takes reasonable care to ensure the safety and integrity of all consigned items while in its possession. All items, whether owned by Marching Dogs or stored with us from a consigner, are kept in a locked, temperature-controlled area that is inaccessible to the public.
Please be advised that this area is also a pet-friendly environment, with both cats and dogs present. If a purchaser has pet allergies, they may request specialized cleaning before shipment. Marching Dogs will make every effort to fully clean the product, including any packaging, to remove pet hair or dander.
Despite these precautions, Marching Dogs is not liable for unforeseen damages or loss. It is strongly recommended that the consignor maintain appropriate insurance for valuable items. For added assurance, our storage facility is protected by 24/7 security measures.
20. Termination of Agreement
Either party may terminate this consignment agreement with written notice. Upon termination, all unsold items will be returned to the consignor, and any outstanding payments will be settled.

21. Governing Law
This consignment agreement shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of laws principles.

22. Entire Agreement
This consignment agreement, including any attachments or exhibits, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter. Any amendments to this agreement will be posted in the Marching Dogs Discord server and are not subject to notification unless they affect rates of any kind.