Consider The Dog

TERMS OF USE

This website is one of several websites (the “Sites”) relating to and/or operated by K9 Connection Training, Daycare & Grooming, LLC and K9 Connection Training, Daycare & Grooming, LLC d/b/a Consider the Dog, and any of their subsidiaries, affiliates and related companies (“K9,” “us,” or “we”). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our websites. Your use of our websites constitutes your agreement to follow these rules and be bound by them. If you do not agree with any of these Terms of Use, do not use or access our websites.

ADDITIONAL POLICIES AND AGREEMENTS

To the extent additional rules or guidelines govern your use of these websites, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. Our Privacy Policy describes the information we collect when you and others use our websites, as well as how we use the information. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy.

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.

SERVICES

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

Certain areas of the websites, the website hosts, and some payment processing functions, may be operated on our behalf by third parties, and our websites may include links to third party sites or services which may be subject to the Terms of Use and/or Privacy Policies of those parties. K9 is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any third party sites or use any third party services available through our websites.

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.

YOUR REPRESENTATIONS

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, K9, ITS AFFILIATES, ITS RELATED ENTITIES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “K9 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 K9 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 K9 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 K9 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.

INDEMNIFICATION

You agree to indemnify and hold the K9 Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on a website, or other use of a website in a manner not permitted by K9, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our website using your computer, mobile device or account.

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 K9, with all rights reserved, or in some cases may be licensed to K9 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 K9.

Content is provided AS IS. You may access content for your information and personal use solely as intended through the provided functionality of the websites and as permitted under these Terms of Use.

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 K9 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 K9 with respect thereto.

USER FEEDBACK

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 K9. Your submission of Feedback shall constitute an assignment to K9 of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Feedback. K9 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 K9, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a K9 Party (“User Content”), is the sole responsibility of the person who made such content available. Under no circumstances will any K9 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;
contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of these Terms of Use.

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.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our websites, servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our websites or prohibit your access to our websites in the event of a violation of these Terms of Use.

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 K9, 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: K9 Connection, 484 Niagara Street, Buffalo, New York 14201, E-mail: office@connectwithyourk9.com

TERMINATION

We retain the right in our sole discretion, for any reason or no reason at all, without notice or liability to you or any third party, to terminate your account or access to the websites. Such reasons may include, without limitation: (i) your breach of any part of these Terms of Use; (ii) your violation of the rights of any third party; (iii) the invalidity of your credit card or other method of payment; (iv) your exceeding your credit card limit; (v) your membership account becoming inactive for an extended period of time.

GOVERNING LAWS; JURISDICTION

The laws of the state of New York and the United States govern these Terms of Use and any claims arising out of or relating to use of the website, without giving effect to any choice of law rules. The state and federal courts located in Buffalo, New York will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our websites, and you hereby consent to such 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

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our websites, without further notice to you. Your continued use of any of our websites after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

OTHER TERMS

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of K9. You agree that these Terms of Use and any other agreements referenced herein may be assigned by K9, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Except as otherwise expressly set forth herein, you agree and understand that these Terms of Use constitute the entire agreement between you and K9 regarding your use of the websites, and that any other prior agreements between you and K9 are superseded by these Terms of Use. Any failure by K9 to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a website or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

If you have any questions about these Terms of Use, please feel free to contact us by mail at: 484 Niagara Street, Buffalo, New York 14201 or email at office@connectwithyourk9.com

Effective Date of these Terms of Use: February 1, 2018