DogRules.com™ Terms of Use
1. ACCEPTANCE
OF TERMS
Welcome to DogRules.com ™
We will refer to DogRules.com ™ as the “Service”.
The Service is provided to you, subject to the following terms and conditions
– referred to as the “Service Agreement” or “SA”, which may be updated or
modified by us from time to time without notice to you, therefore you need
to regularly check this agreement to stay up to date. You can review the
most current version of the SA at any time at http://www.dogrules.com/tou.htm.
Your use of the Service will confirm our agreement to these terms and conditions
as well as your acceptance of the changes we make to the SA. In addition,
when using particular services subject to this SA, you and DogRules.com will
be subject to any posted guidelines or rules applicable to such services which
may be posted from time to time. All such guidelines or rules are incorporated
by reference into the SA.
PLEASE READ THIS SERVICE AGREEMENT CAREFULLY
BEFORE ACCESSING OR USING DOGRULES.COM™. BY ACCESSING OR USING THE SERVICE,
YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT WISH TO
BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE DOGRULES.COM™.
REMEMBER THAT DOGRULES.COM™ MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH
MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED
AGREEMENT. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH
MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF DOGRULES.COM™ SHALL BE DEEMED
YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
2. DESCRIPTION
OF SERVICE
DogRules.com™ is an online product and service directory related to dog training
and pet related products. Unless explicitly stated otherwise, any new features
that augment or enhance the current Service shall be subject to the SA. You
understand and agree that the Service is provided “AS IS” and that we do not
assume responsibility for the timeliness, deletion, mis-delivery
or failure to store any user provided content, communications, or personalization
settings.
3. LIMITATION
OF LIABILITY
DogRules.com™ can not be held liable by you for any statement made or implied
by Service advertisers or outside content providers. You understand that
this Service is delivered via the internet and though DogRules.com™ will make
every effort to maintain consistent Service uptime, however occasionally the
Service will be rendered offline and inaccessible due to software updates,
server failure, internet provider connectivity issues, or other related telecommunication
problems.
4. YOUR REGISTRATION OBLIGATIONS
Use of the Service may require you to register and obtain a password. In return
for our enabling you to use the Service, you agree to: (a) provide true, accurate,
current and complete information about yourself when necessary or as prompted
by the Service's registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration Data to
keep it true, accurate, current and complete. If you provide any information
that is untrue, inaccurate, not current or incomplete, or we have reasonable
grounds to suspect that such information is untrue, inaccurate, not current
or incomplete, we have the right to suspend or terminate your account and
refuse any and all current or future use of the Service (or any portion thereof)
without reimbursement of advertising fees if you are an advertiser.
5. DOGRULES.COM™ PRIVACY POLICY
Registration Data and certain other information about you is
subject to use only by the DogRules.com family of companies and will not knowingly
be shared with any outside organization. By using the Service, you acknowledge
and agree that DogRules.com™ may preserve Content and may also disclose Content
if required to do so by law or in the good faith belief that such preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b)
enforce the SA; (c) respond to claims that any Content violates the rights
of third-parties; or (d) protect the rights, property, or personal safety
of DogRules.com, its users and the public.
6. SERVICE USER ACCOUNT, PASSWORD AND SECURITY
When the particular service you use requires you
to register as described above, you will also receive a password and account
designation upon completing the Service's registration process. You are responsible
for maintaining the confidentiality of the password and account, and are fully
responsible for all activities that occur under your password or account.
You agree to (a) immediately notify DogRules.com™ of any unauthorized use
of your password or account or any other breach of security, and (b) ensure
that you exit from your account at the end of each session. DogRules.com™
cannot and will not be liable for any loss or damage arising from your failure
to comply with this Section.
7.
USE OF THE SERVICE; MEMBER CONDUCT
(a) You understand that all information,
data, text, postings, or other materials ("Content"), whether publicly
posted or privately transmitted, are the sole responsibility of the person
from which such Content originated. This means that you, and not DogRules.com™,
are entirely responsible for all Content that you post or otherwise transmit
via the Service. If you have included information available through the
Service then you are responsible for making modifications or updating information
to the extent there are errors or updates are required. For example, you are
responsible for ensuring the accuracy of a business listing in your name or
event that you have added. DogRules.com™ does not control the Content
posted via the Service and, as such, does not guarantee the accuracy, integrity
or quality of such Content. You understand that by using the Service,
you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will DogRules.com™ be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content
(for example, if a phone number posted in the DogRules.com Directory is listed
wrong), or for any loss or damage of any kind incurred as a result of the
use of any Content posted, or otherwise transmitted via the Service. You agree
not to change or delete any proprietary notices from directory listings downloaded
from the Service.
You agree that you will not use the Service or the information obtained through
the Service (including without limitation, directory or event listings):
a. for incorporation into a commercial product or service;
b. to download directory listings or other information by using any type of automated means;
c. for the purposes of soliciting, offending or harassing any person or persons;
d. to alter the directory listings, event listings, or other information, or enter additional listings or Content which in any way: (i) are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, (ii) violates any patent, trademark, service mark, trade secret, copyright or other proprietary rights ("Rights") of another, or (iii) are known to be false or misleading at the time of entry.
e. harm minors in any way;
f. impersonate any person or entity, including, but not limited to, a DogRules.com™ official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
g. provide any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
j.
intentionally or unintentionally violate any applicable local, state, national
or international law.
(b)
You acknowledge that DogRules.com™ does not pre-screen Content, but that DogRules.com™
and its designees shall have the right (but not the obligation) in their sole
discretion to refuse, move or remove any Content that is available via the
Service. Without limiting the foregoing, we shall have the right to remove
any Content that violates the SA or is otherwise objectionable. You agree
that you must evaluate, and bear all risks associated with, the use of any
Content, including any reliance on the accuracy, completeness, or usefulness
of such Content. In this regard, you acknowledge that you may not rely on
any Content created by us or submitted to us.
(c) You understand that the technical processing and transmission of the Service,
including your Content, may involve (a) transmissions over various networks;
and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
8.
PUBLIC CONTENT POSTED TO DOGRULES.COM™
(a) For purposes of the SA, "publicly
accessible areas of the Service" are those accessible by the general
public. By way of example, a publicly accessible area of the Service would
include the residential directory listings in DogRules.com™. Please note
that this Content may be seen by anyone using the Service.
(b) With respect to all other Content you elect to post to publicly accessible
areas of the Service, you grant DogRules.com™ the world-wide royalty-free,
perpetual, irrevocable, non-exclusive and fully sub-licensable right and license
to use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, perform and display such Content (in whole or part) and/or
to incorporate it in other works, in any form, media, or technology now known
or later developed.
(c) You represent and warrant that you have all right, title and interest
in, or otherwise have the right to publicly display all Content that you post
to or transmit through the Service and that the Content you post to or transmit
through the Service does not infringe, or dilute any third party right.
9.
DOGRULES.COM’S RIGHTS AND REPRESENTATIONS
(a) DogRules.com™ reserves the right
to deny access to you or any group of users to the Service, at its sole discretion,
at any time. DogRules.com™ also reserves the right to remove any listings
or other information or Content from the Service at any time and at its sole
discretion.
(b) DogRules.com™ cannot and does not guarantee or warrant that files available
for downloading through the Service will be free of infection or viruses,
worms, Trojan horses or other code that manifest contaminating or destructive
properties. You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy of data input
and output, and for maintaining a means external to the Service for the reconstruction
of any lost data.
(c) DOGRULES.COM™ DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS
OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE
OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE, INFORMATION
OR SERVICE PROVIDED THROUGH THE SERVICE, OR ANY MERCHANTS LISTED ON THE SERVICE,
AND DOGRULES.COM™ SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER
DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. DOGRULES.COM™ DOES NOT WARRANT
THAT THE SERVICE WILL BE www.dogrules.com, UNINTERRUPTED OR ERROR-FREE OR
THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. THE SERVICE IS PROVIDED ON
AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL DOGRULES.COM™ (OR
ITS DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AGENTS, REPRESENTATIVES, DISTRIBUTORS
OR AFFILIATES) BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR
SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING
OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR
TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED FROM THE SERVICE, EVEN
IF DOGRULES.COM™ OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS,
OR OTHER INACCURACIES IN THE SERVICE, INCLUDING WITHOUT LIMITATION ANY DIRECTORY
OR EVENT LISTINGS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME
STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH
STATES, DOGRULES.COM'S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED
BY LAW.
10.
INDEMNITY
You agree to indemnify and hold DogRules.com™, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from
any claim or demand, including reasonable attorneys' fees, made by any third
party due to or arising out of Content you submit, post to or transmit through
the Service, your use of the Service, your connection to the Service, your
violation of the SA, or your violation of any rights of another.
11.
MODIFICATIONS TO SERVICE
DogRules.com™ reserves the right at any time and from time to time to modify
or discontinue, temporarily or permanently, the Service (or any part thereof)
with or without notice. You agree that DogRules.com™ shall not be liable to
you or to any third party for any modification, suspension or discontinuance
of the Service.
12.
TERMINATION
You agree that DogRules.com™, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard
any Content within the Service, for any reason, including, without limitation,
for lack of use or if DogRules.com™ believes that you have violated or acted
inconsistently with the letter or spirit of the SA. DogRules.com™ may also
in its sole discretion and at any time discontinue providing the Service,
or any part thereof, with or without notice. You agree that any termination
of your access to the Service under any provision of this SA may be effected
without prior notice, and acknowledge and agree that DogRules.com™ may immediately
deactivate or delete your account and all related information and files in
your account and/or bar any further access to such files or the Service. Further,
you agree that DogRules.com™ shall not be liable to you or any third party
for any termination of your access to the Service.
13.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings
with, or participation in promotions of, advertisers found on or through the
Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with
such dealings, are solely between you and such advertiser. You agree that
DogRules.com™ shall not be responsible or liable for any loss or damage of
any sort incurred as the result of any such dealings or as the result of the
presence of such advertisers on the Service.
14.
LINKS
The Service may provide, or third parties may provide, links to other World
Wide Web sites or resources. Because DogRules.com™ has no control over such
sites and resources, you acknowledge and agree that DogRules.com™ is not responsible
for the availability of such external sites or resources, and does not endorse
and is not responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You further
acknowledge and agree that DogRules.com™ shall not be responsible or liable,
directly or indirectly, for any damage or loss caused or alleged to be caused
by or in connection with use of or reliance on any such Content, goods or
services available on or through any such site or resource.
15.
DOGRULES.COM'S PROPRIETARY RIGHTS AND IDEA SUBMISSIONS
You acknowledge and agree that the Service
and any necessary software used in connection with the Service ("Software")
contain proprietary and confidential information that is protected by applicable
intellectual property and other laws. You further acknowledge and agree that
Content contained in sponsor advertisements or information presented to you
through the Service or advertisers is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws. Except as expressly
authorized by DogRules.com™ or advertisers, you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Service
or the Software, in whole or in part.
|The compilation of the contents of the Service are
copyrighted under the
You agree to grant to DogRules.com™ a non-exclusive, royalty-free, worldwide,
perpetual license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, and publicly display any Content, including
directory listings and other materials or information such as ideas contained
therein for new or improved products and services you submit to DogRules.com™
(such as through posting reviews to public areas or mailing to DogRules.com™)
by all means and in any media now known or hereafter developed. You also agree
to grant to DogRules.com™ the right to use your name in connection with the
submitted Content as well as in connection with all advertising, marketing
and promotional material related thereto. You grant DogRules.com™ non-exclusive,
royalty-free, worldwide permission to implement or use in any manner and in
any media any ideas or information contained in your communications. You further
agree to release DogRules.com™ from any claims of alleged or actual infringement,
or misappropriation of any proprietary rights that may result from such implementation
or use.
16.
DISPUTE RESOLUTION
Any cause of action or claim you may have with respect to the
Service must be commenced within one year after the claim or cause of action
arises or such claim or cause of action is barred. ALL DISPUTES, CONTROVERSIES
OR CLAIMS, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION
OR ANY OTHER LEGAL THEORY, ARISING OUT OF OR RELATING TO THIS AGREEMENT AND
THE SERVICE ("DISPUTES") SHALL BE SETTLED BY FINAL AND BINDING ARBITRATION
CONDUCTED IN SAN DIEGO, CALIFORNIA, BY A NEUTRAL ARBITRATOR, IN ACCORDANCE
WITH THIS AGREEMENT AND THE THEN CURRENT COMMERCIAL ARBITRATION RULES OF THE
AMERICAN ARBITRATION ASSOCIATION. The arbitrability
of Disputes shall also be determined by the arbitrator. Each party shall bear
its own expenses, except that the prevailing party may recover the filing
costs and the expenses of the arbitrator from the other party. Any award of
the arbitrator shall be in writing and shall state the reasons for the award.
Judgment upon an award may be entered in any Court having competent jurisdiction.
The arbitrator shall not have the power to order pre-hearing discovery of
documents or the taking of depositions, but may compel attendance of witnesses
and the production of documents at the hearing. The Federal Arbitration Act,
9 U.S.C. Sections 1 to 14, shall govern the interpretation and enforcement
of this paragraph. The parties, their representatives and participants and
the arbitrator shall hold the existence, content and result of the arbitration
in confidence, except to the limited extent necessary to enforce a final settlement
agreement or to obtain or enforce a judgment on an arbitration decision and
award. The foregoing notwithstanding, this agreement shall not prevent the
parties from seeking and obtaining temporary equitable remedies, including
temporary restraining orders, from a court with jurisdiction over the parties
and the subject matter. A request to a court for interim equitable relief
shall not be deemed a waiver of the obligation to arbitrate.
17.
TRADEMARK NOTICES
DogRules.com™ is a trademark. Other DogRules.com™ products, services and
company names mentioned herein and or applicable Company Web sites may be
the trademarks and/or service works of DogRules.com™. Other product, service
and company names mentioned herein may be the trademarks or service marks
of their respective owners.
18.
MISCELLANEOUS
This Agreement shall all be governed and construed in accordance with the
laws of the State of
19.
VIOLATIONS
Please report any violations of the SA to our Customer Care group by sending
us paper mail to:
Dogrules.com
Attention: Violations
PMB
3089-C Clairemont Drive
© Copyright DogRules.com, 2008. All Rights Reserved.