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Terms of service

Last Updated: 9 September 2025

Please read these terms of service carefully before using this website or application. All of the terms are important, but please pay special attention to those that are in bold font as some of these terms may limit our responsibility or involve some risk for you. Some sections of the Terms of Service may not be applicable in your jurisdiction (and thus may not be applicable to you) - please check the location-specific terms (the “Location-Specific Terms”) set forth below, which may be relevant to you.

These Terms of Service (also referred to as “Terms of Use”) (“Terms”), which include the Location-Specific Terms below, govern your access to and use of our websites, mobile sites, mobile apps and other related services (collectively, our “Platform”) and govern your purchases of our products and services. In these Terms, when we refer to “The GameDay Dog”, “GameDay Dog”, “B4”, “us”, “we” or, “our”, we mean B4 Collective LLC., 2229 Carpenters Mill Road, Barboursville, VA 22923 and its directly and indirectly held subsidiaries, which includes the B4 entity indicated in the Location-Specific Terms below. The terms “you” and “your” mean you, the person or entity who uses the Platform. Review these Terms carefully: this is a contract and affects your legal rights. By using the Platform, you agree to and accept these Terms. If at any time you do not accept these Terms or you are not entitled to use the Platform, stop using the Platform AND delete any of your Platform accounts.

These Terms contain a mandatory individual arbitration provision and class action waiver. This requires you to use arbitration on an individual basis to resolve disputes, rather than class actions. By accepting these Terms, you expressly agree to be bound by and abide by these Terms, including the mandatory individual arbitration provision and the class action waiver provision.

Depending on which of our products or services you use, additional terms may apply (“Additional Terms”). Additional Terms may apply for promotions, sweepstakes, contests, giveaways, or similar programs, or for certain types of products or services, such as paid subscription services. If Additional Terms are inconsistent with these Terms (including the Location-Specific Terms), the Additional Terms control.

Eligibility

You must be at least the age of majority in your jurisdiction to use the Platform. If you are under the age of majority, you may only use the Platform with the consent of a parent or legal guardian who agrees to these Terms.

Privacy

We value your trust. Please refer to our Privacy Policy at thegamedaydog.com/policies/privacy-policy or otherwise linked on the Platform for details on how we collect and use information in connection with the Platform. By using the Platform, you acknowledge the collection, use, disclosure, storage, and sharing of data as described in the applicable Privacy Policy.

Creating an Account

To use certain services available through the Platform, you may need to create an account. Your username and password are for your personal use only, and you are responsible for maintaining their confidentiality. You are responsible for keeping your account and contact information up to date. You agree to accept responsibility for all activities that occur under your account, including any misuse by you or others. You agree to promptly notify us of any unauthorized use of your username, password, or account. You may not use another person’s account without permission, act in a way that interferes with another user’s account, or solicit another user’s password. We may terminate or suspend your account(s) for any reason, including your violation of these Terms, misuse of any part of the Platform, or other improper activity.

Making Purchases

The following terms apply to your purchases via the Platform.  In some countries/regions, other or different terms may apply, which you can find below in the Location-Specific Terms or linked on the applicable pages of the Platform.

Placing Orders

You may place orders for Products via the Platform from one of the B4 entities indicated in the Location-Specific Terms below, including through one of our websites or, in certain circumstances, over the phone. “Product” or “Products” means any and all items or services being sold or made available by The GameDay Dog to you. By placing an order or using our services, you consent to these Terms and acknowledge that we sell and you will purchase and use the Product subject to these Terms. Many of our Products come with written manuals, warranty information, instructions, and warnings that include important safety and usage information; nothing in these Terms overrides those, and you should always follow the documentation that comes with or is made available for your specific Product. Otherwise, unless expressly agreed to or set forth in writing by The GameDay Dog, any term or condition in any order or other form or correspondence that is in any way inconsistent with these Terms shall be inapplicable and of no force and effect whatsoever.

Acceptance of Orders

All orders are subject to The GameDay Dog’s acceptance. This means The GameDay Dog may reasonably refuse to accept or may cancel or limit any order, or order quantity for any or no reason, at any time before it has shipped the goods. Your receipt of an order confirmation does not mean we have accepted your order, nor is it a confirmation of our offer to sell. We are simply confirming we received the order. If we cancel an order after you have been charged, we will refund the charged amount.

Product Availability

We use reasonable efforts to fulfill orders but cannot guarantee availability of any particular Product shown on the Platform, and sometimes a Product may not be available. In that case, we may cancel your order or contact you for follow-up. We reserve the right to change the description of any Product or to discontinue selling any Product at any time without notice. We have made every effort to display the colors and images of Products as accurately as possible. We cannot guarantee that your device’s display of any color will be an accurate reflection of the physical item upon receipt.

Pricing/Taxes

All prices on the Platform are subject to change and exclude applicable tax and shipping, except where required by law in the applicable jurisdiction (e.g., VAT, GST) or otherwise indicated on the Platform. Applicable mandatory taxes and/or other fees will be applied and charged at their then-current rate. If the tax rate changes between the date of an order and the date of delivery, we will adjust the tax unless the order has been paid in full before the change in tax rate. We reserve the right to change pricing at any time or correct pricing errors that may inadvertently occur.

Special Offers

From time to time, we may offer special promotions for some or all of our Products, including discounts, limited edition Products, or free shipping. These offers may be for a limited time only and The GameDay Dog reserves the right to change or discontinue such offers at any time.

Payment

All orders must be paid in full prior to shipment. Forms of payment and/or financing that we accept are described on the Product page or during the checkout process. Shipment of any order is subject to verification of payment information and availability of funds. We reserve the right to change available payment and financing options at any time without notice.

Shipping

Available shipping options will be displayed during the checkout process. Any time frame provided by The GameDay Dog for when a Product may ship or be delivered is a good faith estimate. While we do our best to meet that timeframe, it is not a guarantee. Actual delivery of your order can be impacted by many events some of which are beyond our control. The GameDay Dog cannot be held liable for late deliveries.

Unless otherwise required by local law, title and all risk of loss or damage to the Products shall pass to you, or a designated recipient, when the Product is picked up at The GameDay Dog’s warehouse by the designated shipping carrier. The GameDay Dog is not responsible for loss or damage to Products that occur after that moment. If you have questions or issues about your order, or changes in status, please contact our Customer Support Team.

Product Returns

For information on returns, please refer to our returns pages linked at the bottom of our websites or to the packaging slip provided with the Product. Our return policies and procedures may vary by location, please see thegamedaydog.com/returns-policy or the Returns page linked at the bottom of our websites for the policies and procedures in your location.

Warranty

For information regarding our applicable warranty policy, please refer to the written warranty included with the Product, thegamedaydog.com/warranty or the warranty page linked at the bottom of our websites.

Not for Resale

Products sold on the Platform are for end-user customers only and not for resale. We reserve the right to refuse or cancel any order if we suspect you are purchasing Products for resale.

Platform Availability and Updates

We try to keep the Platform up and running, but our Platform may experience outages or downtime for a variety of reasons. The GameDay Dog is not responsible for any damage or loss caused by failures or delays of the Platform.

From time to time, we may need to deploy or provide patches, updates, upgrades, additional content or other modifications to the Platform (for example for maintenance, enhancements, to add or remove features, resolve software bugs or address security concerns). These updates and upgrades may result in the Platform being temporarily unavailable. In certain circumstances, we may need to suspend, withdraw or disable the Platform for longer periods while we deploy these updates and upgrades. In those cases, we will try to provide notice, but it may not always be possible (for example for reasons beyond our control, or if there is an emergency security issue).

Updates and upgrades to our apps may be automatically deployed if they are enabled in your device or app settings. You may turn automatic updates off via your device or app settings, although we would always recommend that you have the latest version of the app installed. If you do not install any update or upgrade then all of the functionality and features of the Platform may not be available to you.

Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in respect of the Platform and in all data, material and content published on it.

Your use of the Platform and software, as authorized by these Terms, grants you no rights in relation to our, or our licensors', intellectual property rights except as expressly specified below.

In return for your acceptance of these Terms, we grant you a non-exclusive license to use the Platform on any device that you own or control. This license is for your personal use only (meaning it may not be used for commercial use or gain) and is non-transferable (meaning it cannot be given to anyone else). This license ends without notice when you stop using the Platform and when you no longer have any of our apps installed on your devices, or otherwise when we tell you we are terminating it.

You grant The GameDay Dog a non-exclusive, royalty-free, perpetual right to use any content you submit through the Platform (including ratings, reviews, comments, images, videos, or any other type of media) in any manner or media now or later developed, for any purpose, commercial, advertising, or otherwise. This includes the right to use, copy, modify, adapt, publish, translate, transform, create derivative works from, sell, and/or distribute such content. You acknowledge that your content may be used and shared by us with third parties. You further unconditionally and irrevocably waive, and consent to conduct that may otherwise in fringe, any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding your content that you have submitted through the Platform. To the fullest extent permitted by applicable law, you waive such rights; where a waiver is not permitted, you agree not to enforce such rights in a manner that interferes with the foregoing license. In particular, you consent to any amendments, deletions from and use of your content, including any that fail to attribute any authorship to you.

If you provide us with any ideas, proposals, suggestions or other materials relating to the Platform, or any other Products or services, we may use the feedback in any manner for any purpose without restriction or compensation to you.

Copyright Infringement Claims

If you believe in good faith that materials available on the Platform infringe your copyright, you may send us a written notice by mail or e-mail, requesting that The GameDay Dog remove such material or block access to it.

Notices and counter-notices must be sent in writing to The GameDay Dog as follows:

By email: Legal@TheGameDayDog.com
By mail:

Legal Department
B4 Collective, LLC
2229 Carpenters Mill Rd
Barboursville, Virginia 22923
USA

US users must comply with the “Elements of Notification” requirements set forth in 17 U.S.C. § 512. Please include as much detail as possible to allow us to identify the facts or circumstances, including, where possible:

  • A physical or electronic signature of the owner (or person authorized to act on behalf of the owner) of the copyrighted works that you believe are being infringed;
  • Specific identification and description of each copyrighted work you believe to have been infringed; if the copyrighted work is registered, please provide a copy of the copyright registration;
  • A description of where the infringing material is located (please be as detailed as possible and provide a URL or screenshot to help us locate the material you are reporting);
  • Contact information for the complaining party, such as a complete name, address, telephone number, and email address;
  • A statement that the complaining party has a good faith belief that use of the copyrighted work(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement that the information in the notification is accurate, and that the complaining party is the owner of the right that is allegedly infringed, or agent for the owner.

Upon receipt of your written notice, we will investigate the allegation and remove the complained-of material at our sole discretion. Our US users can refer to https://www.copyright.gov/ for details on available procedures.

Acceptable Use Policy

You may only use the Platform for lawful purposes. In addition, you may not:

  • Use the Platform in a way which infringes the rights of anyone else or restricts or inhibits anyone else's use or enjoyment of the Platform;
  • Use the Platform in any way that interrupts, damages, impairs or renders the Platform less efficient or useful;
  • Copy, modify, reverse-engineer, decompile, disassemble, alter or otherwise tamper with any software (including source code), databases and other technology that forms part of the Platform (or authorize, encourage or assist any other person to do so);
  • Knowingly transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful program or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • Penetrate or attempt to penetrate the Platform’s security measures; or
  • Introduce anything which alters the performance of the Platform or any of our Products.
  • Harvest or collect information about other users without their consent.
  • Use the Platform to send unsolicited commercial communications or to engage in fraudulent, deceptive, or misleading conduct.

Third Party Services & External Links

The Platform may show or direct you to listings, descriptions, and images of products or services offered by third parties, as well as promotions, coupons, or discounts for those products. We try to keep this content error-free, but The GameDay Dog does not warrant that such listings, descriptions or images are accurate, complete, reliable, current, or error-free or that products of third parties comply with applicable laws.

The Platform may allow you to access or interact with apps, websites, materials, products or services made available by others (“Third-Party Services”). By connecting to Third-Party Services, you acknowledge and agree that we may exchange information and data with the Third-Party Services, including as described in our Privacy Policy. We do not control, endorse, and are not responsible for, any Third-Party Services, including their accuracy, integrity, quality, legality, usefulness or safety. Except as required in your country/region, The GameDay Dog has no obligation to and will not monitor Third-Party Services, and may block or disable access to them at any time without notice. You should contact the operator of the Third-Party Services with any questions about their Third-Party Services.

Your use of Third-Party Services is at your own risk and subject to any terms, conditions and policies applicable to such Third-Party Services.

OUR LIABILITY – DISCLAIMERS & LIMITATIONS

The Platform and all information, software, Products, services and content available on the Platform are provided to you “as is” and without warranty. The GameDay Dog and its officers, employees, agents, partners and licensors hereby disclaim, to the fullest extent permitted by law, all warranties with regard to the foregoing, including, without limitation, all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. The GameDay Dog and its officers, employees, agents, partners and licensors make no warranty that (a) the Platform will meet your requirements; (b) the Platform will be uninterrupted, timely, secure or error-free; (c) the results that may be obtained from the use of the Platform will be accurate or reliable; (d) the quality of any Products, services, information or other material purchased or obtained by you through the Platform will meet your expectations; and (e) any errors in the Platform will be corrected.

To the greatest extent allowed by law, you expressly agree and hereby release The GameDay Dog, its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors (the “Released Parties”) from any and all liability connected with your use of the Platform or Products, and promise not to sue the Released Parties for any claims, actions, injuries, damages, or losses associated therewith. Some jurisdictions do not allow the exclusion of certain warranties or damages. To the extent required by law, these exclusions do not apply to you. To the maximum extent permitted by law, in no event shall the Released Parties be liable to you or any third party for any direct indirect, punitive, incidental, special or consequential damages, or any loss of profits, loss of business, business interruption, loss of business opportunities, or loss of goodwill arising out of or in any way connected with your use or misuse of the Platform or any equipment, programs, Products, or services offered, created or licensed by The GameDay Dog, whether based on contract, tort (including negligence), strict liability or otherwise, even if The GameDay Dog has been advised of the possibility of damages.

You assume total responsibility for your use of the Platform. If you are dissatisfied with the Platform, and/or any of its functionality or content, your only remedy against The GameDay Dog for any damage or loss which is in any way connected with the Platform, and/or any of its functionality or content, is to stop using the Platform. Notwithstanding the foregoing, if The GameDay Dog is found to be liable to you for any damage or loss which is in any way connected with your use of this Platform or any content thereon, The GameDay Dog’s liability shall not exceed One Hundred Dollars ($100.00 USD).

Applicable law may not allow the limitation or exclusion of implied warranties, liability, or incidental or consequential damages, so some or all of the above limitations and exclusions may not apply to you.

Indemnification

You agree to defend, indemnify, and hold harmless The GameDay Dog and its affiliates, officers, employees, and agents from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising out of your breach of these Terms, misuse of the Platform or Products, or your submitted content.

Arbitration

As used in this Arbitration provision, “you” and “your” includes you, your heirs, survivors, representatives, subsidiaries, affiliates, agents, and employees, predecessors in interest, successors and assigns.

Dispute Resolution and Applicable Law

You and The GameDay Dog agree all disputes regarding these Terms, your use of the Platform, or purchase of Products on our website(s) (the “Claim(s)”) shall be resolved by binding arbitration, which is an alternative to a trial by jury. You and The GameDay Dog agree to waive their right to a jury trial and instead participate in final and binding arbitration. This includes all claims regarding purchase of Products, privacy, use of The GameDay Dog’s website, personal injury and product liability claims. The only exception is for Claims which either you or The GameDay Dog elect to submit to Small Claims Court.

The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect (available at www.adr.org). Unless otherwise agreed, arbitration will take place in the county where you reside, or may be conducted by telephone or video conference where appropriate. The GameDay Dog will pay the AAA filing fee regardless of who files. If the arbitrator finds your claim is not frivolous, we will also reimburse your share of any other AAA case management fees. Each party will bear its own attorney’s fees and costs unless applicable law provides otherwise.

If the Claim arises in the USA, the applicable law shall be the law of the jurisdiction where the arbitration is to occur, without reference to federal law or the jurisdiction’s conflict of laws provisions. Unless specified otherwise in the Location-Specific Terms below, if the Claim arises outside the USA, Virginia law shall apply (without regard to its conflict of laws provisions) and the location of the arbitration shall be Orange County, Virginia.

The Arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the construction, interpretation, validity, performance, applicability, enforceability or formation of this agreement to binding arbitration (“Arbitration Agreement”) including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. Any decision or award shall be final and binding on you and The GameDay Dog and shall not be subject to appeal or review by any court or tribunal. Judgment upon any award rendered in the arbitration may be entered in any court having jurisdiction. The arbitration may proceed by default as to any party that does not appear in the arbitration and/or at the arbitration hearing or any portion of it.

You and The GameDay Dog agree the arbitration proceeding will be kept confidential and the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, submissions, awards, or materials exchanged in discovery) will not be disclosed beyond the arbitration proceedings, except as may be lawfully required in judicial or regulatory proceedings relating to the arbitration, or as specifically permitted by law. This Arbitration Agreement does not preclude you or The GameDay Dog from seeking action by federal, state, or local government agencies, nor from seeking provisional or injunctive relief from a court of competent jurisdiction.

Neither you nor The GameDay Dog may act as a class representative, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated but may consolidate Claims of individuals which arise from the same accident resulting in alleged personal injury.

It is agreed that the language in these Terms shall be interpreted as to its fair meaning and not strictly for or against any party.

You may opt out of this Arbitration Agreement (“Opt-Out”) by mailing a letter to:

Legal Department
B4 Collective, LLC
2229 Carpenters Mill Rd
Barboursville, Virginia 22923
USA

The letter must be mailed within 30 days of the date you signed up for a The GameDay Dog account or made a purchase on the The GameDay Dog website, as the case may be (each an “Order”). You should keep evidence of mailing. The Opt-Out letter must include the Order number(s) to which the letter applies and the name, address, email address and phone number of the person or entity opting out of this Arbitration Agreement. This data must match the information provided to The GameDay Dog when signing up for an account and/or placing an Order. The Opt-Out letter will not be effective for any Orders subsequently placed.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA’S RULES, THE RIGHT TO APPEAL AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THE PARTIES WOULD HAVE IN COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.

Termination & Survival

We may suspend or terminate your access at any time for violations or misuse. Upon termination, your right to use the Platform ends. Provisions relating to intellectual property, indemnification, disclaimers, limitations of liability, arbitration, and governing law shall survive termination.

Electronic Communications

By creating an account or making a purchase, you consent to receive notices and communications from us electronically. These satisfy any legal requirement for written communications.

Force Majeure

We are not liable for delays or failures caused by events beyond our reasonable control, including natural disasters, labor disputes, government actions, internet outages, or other events outside our reasonable control.

Changes

From time to time, we may change these Terms. You are responsible for regularly reviewing these Terms, and your continued use of the Platform following any changes to these Terms indicates your acceptance of those changes.

Miscellaneous

If any term, or part of a term, of these Terms is disallowed or found to be unenforceable by any court or regulator, the other provisions shall continue in full force and effect.

The failure of you or The GameDay Dog to enforce our respective rights under these Terms at any time for any period shall not be construed as a waiver of such rights.

Contact Us, Get Information, Or Offer Feedback

If you have any questions, comments, concerns, complaints or claims about these Terms or the Platform, you can contact us at any time by Legal@TheGameDayDog.com or at any of the addresses listed in the Location-Specific Terms.

California residents may contact the Consumer Information Center of the California Department of Consumer Affairs at 1625 North Market Blvd., Sacramento, CA 95834, telephone (800) 952-5210 or (916) 445-1254.

Location-Specific Terms

For residents of the following countries/regions, the additional terms below will apply. In case of any conflict between the foregoing terms and the Location-Specific Terms, the Location-Specific Terms shall control.

United States

Disputes: This Agreement and all matters arising from it are governed by and construed in accordance with the laws of the Commonwealth of Virginia, without regard to conflict of law rules. Venue for any permitted court action (including small claims or requests for injunctive relief) shall be in Orange County, Virginia. Nothing in these Terms limits or excludes any rights you may have under applicable U.S. consumer protection laws that cannot be waived or limited by contract.