Terms and Conditions
ADDITIONAL POLICIES AND AGREEMENTS
Some features of our websites may require you to agree to other terms, for example our dog daycare and/or training applications will require consent to special terms of service if you wish to apply for dog daycare or training.
REGISTRATION AND/OR MEMBERSHIP ON OUR WEBSITES
Certain features of our websites may require you to register or become a member by providing your name, e-mail address, and other information. For example, you may be required to register or become a member with us before accessing video content or applying for dog training or day care. If you wish to register or become a member on any of our websites, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such information to keep it accurate, current and complete.
Any of our websites that require a fee-based membership may only be used by, and membership is limited to, individuals who can form legally binding contracts under applicable law. Without limitation, minors are prohibited from becoming members and using fee-based services.
If you register or become a member on any of our websites, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.
While we make our best effort to provide you with up-to-date data regarding cost and availability of services, they are subject to change at any time. We make no representations or warranties regarding availability of any services. In the event of a technical or clerical error in the published rate or availability of any service, we reserve the right to cancel your services and provide a refund for your purchase and you agree that such refund will be our sole liability and your sole remedy.
THIRD-PARTIES AND AFFILIATES
MODIFICATIONS AND INTERRUPTION TO THE WEBSITES
We reserve the right to modify or discontinue all or any portion of our websites with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our websites, or that operation of our websites will be uninterrupted or error free. You understand that usage of our websites may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use the websites, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the websites under the laws of the United States or any other country.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
YOU AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. OUR WEBSITES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, CTD, ITS AFFILIATES, ITS RELATED ENTITIES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CTD PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT., IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. THE CTD PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WESBITES.
THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY CTD PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CTD PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
USE OF WEBSITE CONTENT
Unless otherwise provided, all content, copyrights and other intellectual property rights in the content available on our websites, including without limitation videos, blogs, website design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by CTD, with all rights reserved, or in some cases may be licensed to CTD by third parties. All trademarks displayed on the websites are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.
You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, or create derivative works from the content contained on the websites without first obtaining written permission from CTD.
You agree not to circumvent, disable or otherwise interfere with security-related features of the websites or features that prevent or restrict use or copying of any content.
You understand that when using the websites, you will be exposed to content from a variety of sources, and that CTD is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content. While we strive to carefully curate all content on the websites, you understand and acknowledge that you may be exposed to content that you may find to be inaccurate, offensive, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against CTD with respect thereto.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of CTD. Your submission of Feedback shall constitute an assignment to CTD of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. CTD will be entitled to us, reproduce, disclose, publish and distribute any materials submitted for any purpose whatsoever, without restriction and without compensating your in any way. We ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials, such as stories, product ideas, computer code or original artwork.
USER-SUBMITTED CONTENT AND USER CONDUCT
Any content, whether uploaded, posted, submitted, or otherwise made available on our website or to CTD, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a CTD Party (“User Content”), is the sole responsibility of the person who made such content available. Under no circumstances will any CTD Party be liable in any way for any User Content made available through any of our websites.
You agree that you will not use any of our websites to transmit or make available any content that:
violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
you know or have reason to know is false, misleading, or fraudulent;
you do not have a right to make available under any law or under contractual or fiduciary relationships;
employs any techniques to disguise the origin of the content submitted;
contains any unsolicited or unauthorized advertising or promotional materials;
incorporates within it any software viruses or any other malicious code;
You further agree not to use our websites to:
engage in any conduct which might be harmful to any individual;
impersonate or misrepresent your affiliation with any person or entity;
engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
If any User Content is your original work, then you own the copyright in that work. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a website or social media, you are granting CTD, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
In the event that you find content posted on one of our websites which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
a statement under penalty of perjury that all of the information you have provided is true.
Please send your notice of alleged infringement to:Consider The Dog, Inc., 484 Niagara Street, Buffalo, New York 14201, E-mail: Support@considerthedog.com
GOVERNING LAWS; JURISDICTION
COMPLIANCE WITH LAWS
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the websites in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
CHANGES TO THESE TERMS