THESE TERMS CONTAIN IMPORTANT DISCLAIMERS AND LEGAL INFORMATION
1. THE AGREEMENTS: WHAT THEY ARE, WHO THEY APPLY TO AND HOW THEY CHANGE
Applicability of the Agreements to Users, including your Representatives. As used in the Agreements, the terms “you” and “your” shall refer, as applicable, to (a) users of the Website who are not Subscribers (“Non-Subscribers”), (b) users of the Website and/or the Service who are subscribers, whether pursuant to a free trial, beta test license, pilot agreement, a paid subscription or other means, who have completed the required registration process described on the Website (“Subscribers”) or (c) to owners, members, managers, directors, employees, agents, contractors or other third parties who use the Website and/or the Service on behalf of, at the direction of or for the benefit of a Subscriber (each a “Representative” of such Subscriber and together with Non-Subscribers and Subscribers, the “Users”).
In order to use the Website and/or the Service you must be capable of forming a legally binding contract with Dognition, including, without limitation, being of a legal age to enter into a contract and being permitted to receive services by the laws of the United States and any other applicable jurisdiction, and you. If you are a Representative of a Subscriber (for example, an employee or owner of a kennel or a breeder, or any other person or entity satisfying the definition of “Representative”), you expressly represent, acknowledge and agree that (i) if you are registering the Subscriber as a new User of the Service, you have the authority to enter into the Agreements on behalf of such Subscriber and to bind such Subscriber to the terms and conditions set forth in the Agreements and (ii) that the terms and conditions of these Agreements apply both to your use of the Website and/or the Service as an individual user and to such Subscriber by virtue of your relationship with such Subscriber as its Representative. IF YOU DO NOT HAVE THE AUTHORITY SET FORTH ABOVE YOU MUST IMMEDIATELY CEASE ALL USE OF BOTH THE WEBSITE AND THE SERVICE.
BY USING THE WEBSITE AND, IF YOU ARE A SUBSCRIBER, BY CHECKING THE “I HAVE READ AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE” BOX AND CLICKING “CONTINUE” AS PART OF THE REGISTRATION CONFIRMATION PROCESS PRIOR TO COMMENCING OR CONTINUING, AS APPLICABLE, YOUR USE OF THE SERVICE, AND BY CONTINUING TO ACCESS AND USE THE WEBSITE AND/OR THE SERVICE AFTER THE DATE THEREOF, YOU REPRESENT THAT YOU ARE CAPABLE OF FORMING A LEGALLY BINDING CONTRACT WITH CANINES, INCLUDING THAT YOU ARE OLD ENOUGH TO DO SO AND PERMITTED TO RECEIVE SERVICES BY THE LAWS OF THE UNITED STATES AND ANY OTHER APPLICABLE JURISDICTION, AND YOU EXPRESSLY AGREE AND CONSENT TO BE BOUND BY, AND EVIDENCE YOUR UNDERSTANDING OF THE TERMS OF, THE AGREEMENTS, INCLUDING AS THEY MAY BE MODIFIED OR REVISED AS DESCRIBED ABOVE. BECAUSE WE RESERVE THESE RIGHTS, YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THE AGREEMENTS.
IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THE AGREEMENTS YOU MAY NOT USE EITHER THIS WEBSITE OR THE SERVICE, AND YOU MUST IMMEDIATELY CEASE ALL USE OF BOTH THE WEBSITE AND THE SERVICE. YOU ARE ENCOURAGED TO PRINT AND TO READ THESE AGREEMENTS CAREFULLY AND TO CONTACT US WITH ANY QUESTIONS THAT YOU MAY HAVE BEFORE COMMENCING YOUR USE OF THE WEBSITE OR THE SERVICE.
2. RULES OF CONDUCT FOR ALL USERS
General Restrictions Applicable to all User Content. All Users shall use the Website and the Service for lawful purposes only. You represent, warrant, covenant and agree that that any information, data or content you upload or otherwise provide to us in connection with the Website or the Service (collectively, “User Content”), will not include any content, material, data or information, regardless of form or medium, that in Dognition's sole discretion:
a) is (or contains or links to content, material, data or information that is) (i) abusive, vulgar, obscene, offensive, hateful, fraudulent, threatening, harassing, defamatory or libelous, (ii) used to disclose without permission private or personal matters concerning any person other than you or (iii) hateful or incites violence or advocates or encourages any illegal activity;
b) you do not have the full right or license to transmit or distribute to third parties under applicable law (such as third-party copyrights, moral rights, trade secrets, trademarks, securities, or other proprietary rights), including under the other terms of service of any third party providing or assisting in making available such User Content, or under contractual or fiduciary relationships (such as nondisclosure agreements);
c) is used to impersonate any person, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity including, if you are a Representative of a Subscriber, such Subscriber;
d) you know or have reason to believe is provided, transmitted or distributed in violation of any applicable law, regulation, ordinance, contract, order or other agreement that is binding on you and/or your use of the Website or the Service;
e) contains viruses, malicious code, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer; or
f) otherwise violates the terms or conditions of these Agreements or is designed to interfere or interferes in any way with our continued provision and operation of the Website and the Service, either as presently provided and/or operated or as we may intend, in our sole discretion, to provide and/or to operate the foregoing at any future point.
General Restrictions Applicable to all Users. In addition to the above restrictions pertaining to User Content, you additionally represent, warrant, covenant and agree that, as a User of the Website and/or Service you will not do, or assist any others in doing, any of the following:
a) knowingly violate any applicable law, regulation, ordinance, contract, order or other agreement that is binding on you and/or your use of the Website or the Service;
b) use the Website or the Service to engage in or to promote any behavior or activity that is (i) abusive, vulgar, obscene, offensive, hateful, fraudulent, threatening, harassing, defamatory or libelous, (ii) used to disclose private or personal matters concerning any person or (iii) hateful or incites violence or that advocates or encourages any illegal activity;
c) use the Website or the Service to access or use any content, information or material to which you do not have the necessary right (including all copyrights, moral rights, privacy rights and/or publicity rights) or license, or otherwise knowingly violate, breach or infringe the intellectual property, contractual or other rights of any third party;
d) remove or interfere with any copyright notices or digital “watermarks” on any images or other content intended to indicate the source and/or ownership of such image or other content;
e) use the Website or the Service to engage in or to promote any behavior or activity that constitutes advertising, spam or any other form of solicitation, including chain letters and pyramid schemes, other than as expressly permitted in connection with your use of the Website and/or Service;
f) impersonate any person, or falsely state or otherwise misrepresent your identity or your affiliation with a person or entity including, if you are a Representative of a Subscriber, such Subscriber;
g) modify, disassemble, decompile, reverse engineer, revise or enhance all or any part of the Website or the Service or create any derivative works or otherwise merge or utilize all or any part of the Service or the Website with or into other computer programs, website, service or other materials or attempt to do any of the foregoing or to discover all or any part of the Website’s or the Service’s source code;
h) copy, print, display, publish or transmit all or any part of the Website or the Service (including the look and feel and/or software or graphical user interface thereof) or any other content or materials published, displayed, offered or otherwise made available in connection therewith for any purpose, including for use with any product competitive with the Service, whether used internally or made available to third parties, except as expressly authorized herein or by us in writing;
i) sell, license (or sublicense), lease, assign, transfer, pledge, or share (including as a time share, service bureau or otherwise) any of your rights under, in or to the Agreements, the Website and/or the Service with or to any third party;
j) send or store any materials, data or information containing viruses, malicious code, corrupted files, "Trojan Horses," or any other contaminating or destructive features that may damage someone else's computer, or upload or insert code, scripts, batch files or any other form of scripting or coding into the Website, the Service or any applications thereof or therein;
k) otherwise interfere with or disrupt the integrity or performance of the Website or the Service or any User Content or Our Content (as defined below) contained therein;
l) attempt to gain unauthorized access to the restricted areas of the Website or the Service or its related systems or networks; or
m) use the Website or the Service in any manner not intended by or explicitly prohibited by us.
Not intended for Users under 18 years of age. The Website and the Service are intended for commercial and/or adult users and neither is directed toward any User or any other person under 18 years of age. If you are under age 18, please do not attempt to use the Website or the Service, to register with us as a Subscriber or to provide us with any User Content. If you are an approved User or Subscriber of the Service, you may in no event provide us with User Content with respect to a child under the age of 18. If we learn that we have collected any User Content or other information, including any personal information, from a child under age 18, we will use our best efforts to delete that information as quickly as possible and may immediately terminate, delete and/or suspend any related Subscriber accounts and/or any User Content, if applicable, consistent with these Terms. If you believe that we might have any such content or information from a child under age 18, please contact us at firstname.lastname@example.org. We strongly recommend that minors under the age of 18 ask their parents for permission before sending any information about themselves to anyone over the Internet and we encourage parents to teach their children about safe Internet use practices.
The registration process. In order to become a Subscriber you will be required to complete a registration process using the Website. As part of this registration process you may be asked to provide us with certain information about yourself, including your name (or the name of the business, company or individual for which you are a Representative (if applicable)), email address, contact information (including address, city, state country and telephone number), payment information and/or other user information (collectively, “Account Information”). You represent, warrant, covenant and agree that all information (including your Account Information) you provide to us as a Subscriber, including in connection with your registration or otherwise, is true, accurate, current and complete, and you agree to maintain and promptly update such information to keep it true, accurate, current and complete at all times.
Credentials and your responsibility to protect them. In connection with your registration, you will be asked to create a username and password, and may also receive other information that allows us to associate you with your unique account to enable you to access the Service in the future (collectively, your “Credentials”). THE PRIVACY AND SECURITY OF YOUR CREDENTIALS ARE YOUR RESPONSIBILITY, YOU MAY NOT TRANSFER OR SHARE YOUR CREDENTIALS WITH ANY THIRD PARTIES OTHER THAN YOUR REPRESENTATIVES AND YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF SUCH CREDENTIALS. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY AND ALL USE OF YOUR CREDENTIALS, WHETHER BY YOU, YOUR REPRESENTATIVE OR ANY THIRD PARTY, INCLUDING ALL ACTIVITIES OR LIABILITIES RESULTING FROM THE USE OF THE WEBSITE OR SERVICE IN CONNECTION WITH YOUR CREDENTIALS. You further covenant and agree to at all times update us as necessary to ensure that you, and only you or those people you authorize, control your Credentials, including notifying us immediately if the security of your Credentials is compromised and obtaining new Credentials as directed through the Website or otherwise by us.
4. DESCRIPTION OF THE SERVICE
Scientific Research. One of the purposes of the Service is to further scientific advances in the field of canine research and we may use, share, publish or disclose your User Content, including Canine Data (as defined below), that we reasonably believe constitutes non-private, aggregated or otherwise non-personal information, in connection with scientific research, studies, publications, and for other similar purposes (collectively, “Scientific Research”). As further discussed below, to the extent that any Scientific Research results in the development of any intellectual property rights, including, without limitation, any and all inventions, trade secrets, confidential and proprietary information, software programs, discoveries, conceptions, preparations and developments, whether or not eligible for or covered by patent, copyright or trade secret protection (collectively, “Inventions”), you acknowledge and agree that we are the sole owners of all right, title and interest in any such Inventions.
You represent, warrant, covenant and agree that you have not, and that you will not, provide us with any information, including any Canine Data or access to any Account Information, other than with respect to such information for which (i) you are the actual owner or (ii) you have been explicitly authorized to provide such access (for example, if you are an authorized Representative of a Subscriber). If you fail to abide by the foregoing provision, we may, in our discretion, immediately terminate your account, revoke or restrict your right to access or to use the Website and/or Service and/or delete or move any or all of such information.
Use by your Representatives. As part of using the Service, you may choose to grant one or more of your Representatives with access to your Account Information, to your Credentials and/or to additional information or credentials providing varying degrees of access to your Subscriber account as created by us at your direction via the Website, including for purposes of accessing and/or modifying Canine Data or other information supplied by you or by us in connection with the Service. In the event that you undertake any of the foregoing, you acknowledge and agree that you are responsible for, and may be held liable in full, for the actions and omissions of such Representatives.
Limitations on our ability to provide the Service. It is possible that our ability to provide the Service could be disrupted due to unanticipated or unplanned events, such as viruses, hacking or other security vulnerabilities, the failure, inaccuracy or inadequate performance of equipment, information or services provided by you, by us or by third parties or other events, including force majeure events.
AS A RESULT, WHILE WE WILL UNDERTAKE COMMERCIALLY REASONABLE EFFORTS TO PROVIDE THE SERVICE TO OUR SUBSCRIBERS AS DESCRIBED IN MORE DETAIL ON OUR WEBSITE, WE CANNOT AND DO NOT REPRESENT, WARRANT OR GUARANTEE THAT WE WILL BE ABLE TO PROVIDE THE SERVICE OR THAT THE SERVICE WILL BE FUNCTIONING OR AVAILBLE, PARTIALLY OR IN FULL, AT ALL TIMES OR AT ANY PARTICULAR TIME; NOR DO WE REPRESENT, WARRANT OR GUARANTEE IN ANY RESPECT THE COMPLETENESS, ACCURACY OR EFFICACY OF ANY CANINE DATA, RECOMMENDATIONS OR RELATED INFORMATION, WHETHER PREPARED OR PROVIDED BY YOU OR BY US, AT ALL TIMES OR AT ANY PARTICULAR TIME; NOR DO WE REPRESENT, WARRANT OR GUARANTEE THAT ANY SERVICE OR FEATURE CURRENTLY INCLUDED IN THE SERVICE WILL REMAIN AS PART OF THE SERVICE GOING FORWARD.
ACCORDINGLY, YOUR USE OF THE WEBSITE AND THE SERVICE IS EXPRESSLY CONDITIONED ON YOUR ACKNOWLEDGEMENT AND ACCEPTANCE OF THE LIMITATIONS SET FORTH IN THIS SECTION 4 AND THE LIMITATION OF LIABILITY SET FORTH IN SECTION 10 OF THESE TERMS.
5. OWNERSHIP OF OTHER USER CONTENT; FEEDBACK
We do not claim ownership of any User Content except as expressly described in this Section with respect to Feedback; provided, however, that your use of the Service is subject to your granting of the license set forth in Section 4, as well as any other reasonably necessary license to any other User Content, in order for us to perform our obligations hereunder and to provide you with the Service, as it may be modified from time to time. Notwithstanding the foregoing, any comments, feedback, ideas and/or reports about the Website or the Service that you provide to us, whether in written, electronic or any other form (collectively, “Feedback”), shall be considered our proprietary and confidential information, and you hereby irrevocably automatically transfer and assign to us, immediately upon creation, all of your right, title and interest in and to such Feedback, including all intellectual property rights embodied in or arising in connection with such Feedback and any other rights or claims that you may have with respect to any such Feedback.
For the avoidance of doubt, Dognition is under no obligation to make any changes or modifications to the Service or the Website, whether suggested by a User or its Representative in the form of Feedback or otherwise, and we reserve the right, with or without prior notice to you, to discontinue work on the Service or to revise or modify the Service so it provides different features, features in different combinations and/or different environment configurations.
6. OWNERSHIP OF THE WEBSITE AND SERVICE; RECOMMENDATIONS; OUR TECHNOLOGY AND OUR CONTENT
Our Technology. Other than with respect to the User Content, as described above in Section 5, you acknowledge and agree that we are the sole owners of all right, title and interest in and to all Inventions and all other portions of the Website and the Service, including all software, software code, trade secrets, trademarks, confidential or proprietary information (including any Canine Data or other data, information or content created or provided by us, or derived from Canine Data or User Content provided by you or on your behalf in accordance with these Terms) or other intellectual property or intellectual property rights or claims embodied therein or arising in connection therewith (collectively, “Our Technology”). Our Technology shall include, without limitation, any aggregate, de-identified, anonymized or other data, databases, content or information derived from, consisting of or otherwise related to User Content provided by you and/or other Users, including portions of such User Content, provided that Our Technology shall not include any such User Content or portion thereof that is reasonably likely to be specifically identified with you (or, if you are a Representative, the applicable Subscriber). You acknowledge and agree that Our Technology is subject to copyright and other intellectual property rights and laws, and that Our Technology may not be used, copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, or redistributed in any way without our prior written permission and the prior written permission of our applicable licensors. You must abide by all copyright notices, information, or restrictions contained in or attached to any of Our Technology. Nothing in these Agreements grants you any right to receive delivery of a copy of Our Technology or to obtain access to Our Technology except as generally and ordinarily permitted to like Users of the Website or the Service according to these Agreements. Furthermore, nothing in these Agreements or your use of the Website or Service will be deemed to grant, by implication, estoppel or otherwise, a license to Our Technology.
Use of Marks. Certain of the names, logos, and other materials displayed on the Website or in the Service constitute trademarks, trade names, service marks or logos (“Marks”) of Dognition or our applicable licensors and you acknowledge and agree that you shall have no right, license or authority to use such Marks without our prior written consent (or, if applicable, the prior consent of our licensors) and that the ownership of all such Marks and the goodwill associated therewith remains with and will inure to us (or, if applicable, our licensors). To the extent indicated, any use of third party software or other technology provided in connection with the Website or the Service will be governed by the applicable third party licenses and/or terms and conditions, and not by these Terms.
Our Content. In addition to Our Technology, the Website and/or the Service may contain other text, images, files, audiovisual productions, opinions, statements, facts, articles, or other information or content created, generated, supplied or derived by us or by third parties (“Our Content”). Our Content is for your reference only and, except as expressly indicated otherwise, may not be relied upon by you for any purpose or used by you for any purpose other than your use of the Service in accordance with these Terms. We are not responsible for Our Content’s accuracy or reliability. In addition to any protections Our Content may have to the extent it also constitutes Our Technology, you hereby acknowledge and agree that Our Content may not be copied, duplicated, reproduced, distributed, downloaded, publicly displayed, transmitted, sold or otherwise exploited by you in any way, except as agreed to in writing by us.
Recommendations. In connection with our provision of the Service, we may provide, either directly or in collaboration with you, recommendations, suggestions or advice related to your use of the Service (collectively, “Recommendations”). You acknowledge and agree that you shall not be required to adopt any such Recommendations and, furthermore, that you shall only adopt or implement any such Recommendations to the extent you have the requisite authority to do so (i.e., that no consent of any third party is required). CANINES EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND GUARANTEES WITH RESPECT TO ANY SUCH RECOMMENDATIONS, INCLUDING WITH RESPECT TO THE ACCURACY OR EFFICACY OF SUCH RECOMMENDATIONS, AND CANINES SHALL HAVE NO LIABILITY WITH RESPECT TO SUCH RECOMMENDATIONS.
7. FEES PAID BY SUBSCRIBERS
Fees in general. As a Subscriber, unless otherwise agreed by us, you agree to pay our applicable subscription fees (as listed on the Website or as otherwise agreed by you and us) for the Service, based on the length of subscription for which you subscribe.
All fees with respect to the Service will be billed in advance and any delay or non-payment of such fees may result, in our discretion, in the termination, deletion and/or suspension of your Subscriber account and/or any User Content consistent with these Terms.
In the event we are unable to collect the fees you owe us, we may take any other steps we deem necessary to collect such fees from you, and you will be responsible for all costs and expenses incurred by us in connection with such collection activity, including collection fees, court costs and attorneys’ fees. Any amounts not paid when due shall bear interest at the lesser of 1.5% per month, compounded monthly, or the maximum rate allowable pursuant to applicable law.
Refunds and Changes to Service. In the event that you cancel your subscription to the Service (but not in the event that your subscription is terminated by us, including as a result of your violation of the Agreements), you shall continue to have access to the portion of the Service during the remaining period of time, if any, for which you have already paid to access and to use the Service. You will not be entitled to any refund with respect to all or any portion of your subscription to the Service or related Service fees which you may have paid in advance, regardless of the reason you cease to use such Service or choose to cancel your subscription to such Service, although we may elect to provide such a full or partial refund in our discretion.
Promotions. We may run promotional offers from time to time on the Website with respect to the Service. The terms of any such promotion will be posted on the Website or otherwise conveyed to you. Unless otherwise indicated, we may establish and modify, in our sole discretion and at any point in time, the terms and conditions of any such promotional offers.
8. PRIVACY STATEMENT AND SECURITY
9. USER INDEMNITY
You agree to defend, indemnify and hold harmless us, our affiliates, agents, employees, directors, officers, donors, grantees, licensors, content providers, service providers and volunteers from any claims, actions, losses, damages, liabilities, judgments, settlements (each, a “Claim”), including all costs and expenses (including attorneys' fees and disbursements) therein, arising out of or relating to: (a) your breach or failure of your obligations under the Agreements, including any representation, warranty, covenant or guarantee made by you or by your Representative on your behalf pursuant to the Agreements or as a condition of your use of the Website and/or the Service, (b) the gross negligence or willful misconduct of you or your Representative, (c) the placement by you of a link or other means of access to the Website and/or the Service on or in any website, service, software program or in any e-mail or other communication, or (d) your access to and use of the Website or the Service or participation in any activities arising from this Website or the Service. Such indemnity shall include any costs and expenses incurred by us in any actions taken to enforce this indemnity. We reserve the right, at your expense, to assume the exclusive defense and control of any Claim for which you are required to indemnify us and you agree to cooperate with our defense of such Claims, and you agree not to settle any such Claim without our prior written consent. We will use commercially reasonable efforts to notify you of any Claim to which we are entitled to indemnification within a commercially reasonable period of time upon becoming aware of such Claim.
10. DISCLAIMER OF WARRANTY; LIMITATION OF LIABILITY
THIS DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY ACT OR OMISSION OF OURS OR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS OR VOLUNTEERS, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF DATA OR CONTENT (INCLUDING ANY OF YOUR USER CONTENT, INCLUDING ANY CANINE DATA), WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. YOU SPECIFICALLY ACKNOWLEDGE THAT NEITHER WE NOR ANY OF OUR AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS OR VOLUNTEERS ARE LIABLE FOR THE CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF LOSS, DAMAGES OR INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT USE OF OUR WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. WE DISCLAIM ANY LIABILITY FOR DAMAGES RESULTING FROM ANY INJURY TO USERS OR DOGS IN CONNECTION WITH THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY INJURIES INFLICTED BY DOGS ON USERS SUCH AS DOG BITES. WE MAKE NO WARRANTY THAT THE WEBSITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR SERVICE (INCLUDING ANY RECOMMENDATIONS), OR THAT DEFECTS IN THE WEBSITE OR SERVICE OR ANY CONTENT INCLUDED THEREIN WILL BE CORRECTED.
OUR WEBSITE, ALL CONTENT (INCLUDING BOTH USER CONTENT AND OUR CONTENT, INCLUDING ANY CANINE DATA) AND THE SERVICE ARE PROVIDED “AS IS,” AND “AS AVAILABLE” FOR YOUR USE ONLY, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, UNINTERRUPTED ACCESS OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH US OR THE WEBSITE, UNLESS OTHERWISE EXPLICITLY SET FORTH TO THE CONTRARY HEREIN. WE SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY AND EFFICACY OF THE SERVICE OR ANY OF OUR CONTENT OR OUR TECHNOLOGY OR OTHER INFORMATION, PRODUCTS OR SERVICES PROVIDED BY US, AS WELL AS ANY WARRANTIES OF TITLE, OWNERSHIP OR NON-INFRINGEMENT (WITH RESPECT TO OUR TECHNOLOGY, ANY USER CONTENT, INCLUDING ANY CANINE DATA, OR OTHERWISE) OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
NEITHER CANINES NOR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS OR VOLUNTEERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR THE SERVICE OR YOUR INABILITY TO GAIN ACCESS TO OR USE THE WEBSITE OR THE SERVICE. YOU HEREBY ACKNOWLEDGE THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT PROVIDED, ACCESSED, CONTROLLED OR USED BY US IN CONNECTION WITH THE WEBSITE OR THE SERVICE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU; IN SUCH JURISDICTIONS, OUR POTENTIAL LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR AGGREGATE LIABILITY, IF ANY, FOR ALL CLAIMS, ACTIONS AND/OR OMISSIONS ARISING FROM OR RELATED TO THE AGREEMENTS, THE WEBSITE AND/OR THE SERVICE EXCEED THE FEES PAID BY YOU FOR USE OF THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY, OR, IF NO SUCH FEES HAVE BEEN PAID BY YOU, ONE U.S. DOLLAR ($1.00 US).
IN THE EVENT THAT THIS SECTION 10 IS DETERMINED BY ANY COURT TO BE UNENFORCEABLE, YOU AGREE THAT ANY CLAIM THAT YOU BRING AGAINST CANINES OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, DIRECTORS, OFFICERS, DONORS, GRANTEES, LICENSORS, CONTENT PROVIDERS, SERVICE PROVIDERS OR VOLUNTEERS THEREOF SHALL BE BROUGHT ONLY IN YOUR INDIVIDUAL CAPACITY, AND SUCH CLAIM SHALL NOT BE CONSOLIDATED WITH THE ARBITRATION, HEARING OR OTHER PROCEEDING (INCLUDING WITHOUT LIMITATION ANY OTHER SUIT OR CLASS ACTION) BROUGHT BY OR AGAINST ANOTHER USER OR US WITHOUT OUR EXPRESS WRITTEN CONSENT.
THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE.
11. FORCE MAJEURE
Without limiting the provisions of Section 10 or any other provision of the Agreements, under no circumstances will we or any of our affiliates, agents, employees, directors, officers, donors, grantees, licensors, content providers, service providers or volunteers be held liable for any delay or failure in performance (including with respect to the provision or operation of the Service) resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or the non-performance or unauthorized action of third parties, including any action or inaction by a User that is not permitted by these Terms.
12. ELECTRONIC COMMUNICATIONS
We can only give you the benefits of this Website and our Service by conducting business through the Internet, and therefore we require you to consent to our giving you Communications electronically. This Section 12 informs you of your rights when receiving Communications from us electronically. For contractual purposes, and as a necessary condition to our agreeing to allow you to use the Website and/or the Service, you (i) consent to receive communications from us in an electronic form; and (ii) agree that all terms and conditions, agreements, notices, documents, disclosures, and other communications (“Communications”) that we provide to you electronically satisfy any legal requirement that such Communications would satisfy if it were in a writing and shall have the same meaning, force and effect as if executed by hand, and all of the laws to which a hand executed agreement are subject will govern the Agreements. Your consent to receive Communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. The foregoing does not affect your non-waivable rights. You may withdraw your consent to receive Communications electronically by contacting us in the manner described below. If you withdraw your consent to receive Communications electronically you must, at that time and in order to give effect to such withdrawal, immediately cease using the Website and the Service. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic Communications provided or business transacted between us prior to the time you withdraw your consent. You hereby agree to keep us reasonably informed of any changes in your Account Information, including email, mailing address or other applicable contact information, so that you continue to receive all Communications without interruption. A printed version of the Agreements shall be admissible in judicial or administrative proceedings based upon or relating to the Agreements to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
13. CHOICE OF LAW
THE AGREEMENTS WILL BE GOVERNED AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NORTH CAROLINA, APPLICABLE TO AGREEMENTS MADE AND WHOLLY PERFORMED IN THAT STATE, WITHOUT REGARD TO THE CHOICE OF LAW PROVISIONS THEREOF.
Users will resolve any claim, cause of action or dispute with Dognition arising out of or relating to the Agreements or the Website exclusively in state or federal court located in Pulaski County, Arkansas. Users agree to submit to the personal jurisdiction of the courts located in Pulaski County, Arkansas for the purpose of litigating all such claims.
If you wish to contact us for any reason, please contact us at: Email: email@example.com, or use the “Contact” link on this Website.
15. TERMINATION; SURVIVAL OF TERMS
Termination. You agree that we, in our sole discretion, may immediately terminate your access to the Website and Services at any time, for any reason, in our sole discretion. We may provide you refunds in our sole discretion and subject to the terms and conditions of Section 7 of these Terms. Upon the deactivation or deletion of your User account, including by us due to your violation of these Terms, except as otherwise herein you will no longer have the right to access or retrieve your User Content through the Website or the Service.
If you contact us within thirty (30) days of the date of (a) your deactivation of your User account or (b) your receipt of a communication from us that your User account has been either deactivated or deleted, upon your written request that we do so we will use our commercially reasonable efforts to permanently delete all of your User Content; provided, however, that in no event shall such request require us to delete any of Our Technology or Our Content, as such terms are defined herein. If you do not timely request that such User Content be deleted, Dognition may, in its discretion, maintain such User Content for the purpose of maintaining, operating and improving the Website and/or the Service, as well as for any other purpose permitted pursuant to the Agreements. Notwithstanding the foregoing, you acknowledge and agree that we may choose to permanently delete any or all of your User Content, including any Canine Data, at any time beginning immediately upon the deactivation or deleting of your account, including in the event that your account is deactivated, deleted or otherwise terminated as a result of your violation of any Agreement.
NOTWITHSTANDING THE FOREGOING, IN CERTAIN CIRCUMSTANCES WE MAY BE REQUIRED TO MAINTAIN OR OTHERWISE PRESERVE A COPY OF SOME OR ALL OF YOUR USER CONTENT, INCLUDING CANINE DATA, DESPITE YOUR REQUEST THAT WE DELETE SUCH USER CONTENT FOR A SPECIFIED PERIOD OF TIME OR FOR AN INDEFINITE PERIOD OF TIME IN ORDER TO COMPLY WITH APPLICABLE LAWS, RULES AND REGULATIONS, PRE-EXISTING CONTRACTUAL OR OTHER OBLIGATIONS OR IN ORDER TO COMPLY WITH THE APPLICABLE SUBSCRIBER’S POLICIES OR PROCEDURES AS THEY PERTAIN TO THE SERVICE, AND YOU AGREE AND CONSENT TO OUR SO MAINTAINING OR PRESERVING SUCH USER CONTENT AND/OR OTHER RELEVANT INFORMATION.
YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY TERMINATION OF YOUR ACCESS TO THE WEBSITE OR THE SERVICE OR THE DELETION OF YOUR USER CONTENT (INCLUDING CANINE DATA) OR OTHER INFORMATION, AND YOU UNDERSTAND THAT IT IS YOUR SOLE RESPONSIBILITY TO MAINTAIN YOUR OWN ORIGINAL AND/OR BACK-UP COPIES OF ANY USER CONTENT (INCLUDING CANINE DATA). TERMINATION OR EXPIRATION OF YOUR RIGHT TO ACCESS OR TO USE THE WEBSITE OR THE SERVICE WILL IN NO WAY MODIFY, CHANGE OR VOID ANY PAYMENT OBLIGATIONS YOU MAY HAVE INCURRED UP TO THE DATE OF SUCH TERMINATION OR EXPIRATION, INCLUDING IN CONNECTION WITH YOUR USE OF ANY PREMIUM SERVICES.
Survival of terms. Except as set forth in these Terms, in the event of the deactivation or deletion of your User account or otherwise in the event of the termination or expiration of your right to access or to use the Website or the Service, all of your rights pursuant to these Terms, the Service and the Website shall terminate immediately; provided, however, that, as described above, any payment or other obligation that has accrued as of such termination date shall survive such termination; provided, further, that rights and the obligations of the parties set forth in Sections 1, 5 and 6 and Sections 9 through 16, along with any other provision of these Terms required to enforce your or our rights and obligations hereunder, shall survive the termination or expiration of these Terms and shall continue in effect as described therein.
Use of the Website or the Service is unauthorized in any jurisdiction that does not give effect to all provisions of the Agreements, including without limitation this Section 16. Paragraph headings and sub-headings are solely for the convenience of reference and shall not be given any weight or effect in the interpretation or construction of the Agreements. Waiver of any breach or default under any provision of the Agreements shall not be effective unless it is in writing and executed by us, and shall not be deemed to be, and shall not be, a waiver of any subsequent or continuing breach of, or default under, such provision or of any other provision. The Agreements constitute the entire agreement between you and us and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Website or the Service. The Agreements, including these Terms, are personal to you, and you may not transfer, assign or delegate your right and/or duties under the Agreements to any third party. Any attempted transfer, assignment or delegation in violation hereof is void. If any provision of the Agreements is deemed invalid or unenforceable for any reason, such provision shall be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreements shall continue in full force and effect. Any rights not expressly granted herein are reserved.