Terms of Services

This document provides notice of specific legal obligations in connection with your use of our Internet or “web” sites (collectively, “Site” or “Sites”). By using this Site, you agree to be bound by our Legal Notices, Conditions of Use, and Privacy Policy (collectively, “Terms of Service”), in addition to other terms and conditions that may appear throughout our Sites. EveryDog Inc. reserves the right to make changes to this Site and the Terms of Service at any time. Each time you use this Site, you should visit and review the then current Terms of Service that apply to your transactions and use of this Site. If you do not agree to be bound by these Terms of Service, your sole remedy is not to use this Sites. EveryDog Inc. is not responsible for typographical or photographic errors on this Sites.

PROPRIETARY RIGHTS AND TRADEMARKS

All Site content and collective work comprising the Sites, including information, articles, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds and other artwork and material (collectively “Content”) is protected by copyright, trademark, and other proprietary rights under United States and/or international laws and held by EveryDog Inc. and/or the original creator of the material, including EveryDog Inc. suppliers and/or affiliates. These rights are valid and protected in all forms, media, and technologies existing now or developed in the future. EveryDog Inc. and the stylized dog designs are registered to and/or otherwise protected by EveryDog Inc. under United States, Canada, and/or international intellectual property laws. All trademarks, service marks, logos, slogans, domain names, and trade names are the property of their respective owners and are licensed to, or otherwise used with permission by, EveryDog Inc. All intellectual property used on the Sites may not be reproduced, copied or otherwise manipulated in any manner without express, written permission of the owner. EveryDog Inc. disclaims any proprietary interest in intellectual property other than its own.

SITE DOWNLOADS RESTRICTED

You may only download Content displayed on this Sites for non-commercial, personal use, provided you also retain all copyright, trademark and other proprietary notices contained in our Content. Do not alter the Content, and do not copy or post the Content on any network computer or broadcast the Content in any media. Except as expressly authorized herein, or by an authorized representative of EveryDog Inc., or by license, EveryDog Inc. strictly prohibits modifying, transmitting, distributing, reusing, reposting, “framing” or using the Content of this Sites and the Sites servers, including the text, images, audio and/or video for public or commercial purposes. Downloading images of products for sale within this Sites is strictly prohibited. You may not copy, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from, or in any way exploit the Content of this Sites, in whole or in part. EveryDog Inc. is not liable or responsible for any content provided by its users or other third parties for use on this Sites. Contributions to this Sites by third parties do not necessarily represent the view or opinions of EveryDog Inc. EveryDog Inc. may not preview user content before it appears on this Sites. Users can be held liable for any illegal or prohibited user content they provide to this Site, including among other things, infringing, defamatory or offensive materials. If you discover this kind of material on this Site, please promptly notify us at info@everydog.com so that we may investigate and take appropriate action.

APPLICABLE LAW

This Site is created, operated and controlled by EveryDog Inc. in the State of California, United States of America. The laws of the State of California will govern the Site without giving effect to any principles or conflicts of laws.

LINKS TO THIRD-PARTY WEB SITES

This site may contain links to other sites operated by third parties, including third-party sites that display EveryDog Inc. trademarks (“Third-Party Site(s)”). These links are available for your convenience and are intended only to enable access to these Third-Party Sites and for no other purpose. EveryDog Inc. does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any Third-Party Site or its content. A link to a Third-Party Site from this Site does not constitute sponsorship, endorsement, approval or responsibility of any such Third-Party Site. EveryDog Inc. makes no representation or warranty as to any products or services offered on any Third-Party Site. The conditions of use, legal notices and privacy policy of any Third-Party Site may differ substantially from the Terms of Service that apply to your use of this Site. Please review the conditions of use for all Third-Party Sites for more information about the terms and conditions that apply to your use of Third-Party Sites. By using this Site to search for or link to a Third-Party Site, you agree and understand that you may not make any claim against EveryDog Inc. for any damages or losses whatsoever resulting from your use of this Site to obtain search results and/or to link to a Third-Party Site. However, if you have a problem with a link from this Site, please let us know at info@everydog.com and we will investigate and take appropriate action.

DISCLAIMER OF WARRANTY

EveryDog Inc. is providing this site and its contents on an “as is” basis and makes no representations or warranties of any kind, either express or implied, including, without limitation, warranties or conditions of title or implied warranties of merchantability or fitness for a particular purpose, and non-infringement. Although EveryDog Inc. believes the content to be accurate, complete, and current, EveryDog Inc. does not represent or warrant that the information accessible on this site is accurate, complete, or current.

DISCLAIMER OF LIABILITY

In no event shall EveryDog Inc. be liable for special, indirect, exemplary, or consequential damages or any damages whatsoever, including but not limited to, loss of use, data, or profits, without regard to the form of any action, including but not limited to contract, negligence, or other tortuous actions, all arising out of or in connection with the use, copying, or display of the contents of this site.

SECURITY AND PROHIBITED CONTENT

Unlawful activities on this Site are strictly prohibited. This includes tampering with this Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities.

Site users are prohibited from violating or attempting to violate the security of this Site, including without limitation:

(1) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access;

(2) using this Site for unintended purposes or trying to change the behavior of this Site;

(3) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization;

(4) attempting to interfere with service to any user, host or network, including without limitation, via means of submitting a virus to this Site, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”;

(5) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting; and

(6) forging communications on behalf of this Site (impersonating this site) or to this Site (impersonating a legitimate user). Sending unsolicited and unauthorized e-mail on behalf of EveryDog Inc., including promotions and/or advertising of products or services, is expressly prohibited. Violations of system or network security may result in civil or criminal liability.

You agree not to use any device, software or routing data to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree not to use or attempt to use any engine, software, tool, agent, data or other device or mechanism (including browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents provided by EveryDog Inc. or publicly available browsers.

Content that does the following types of things is illegal and/or prohibited on this Site:

• Is patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• Is or could be harmful to minors, including material that exploits persons under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• Provides instructional information about illegal activities such as making or buying illegal weapons; violating someone’s privacy; providing or creating computer viruses;
• Solicits passwords, personal identifying information for commercial or unlawful purposes from other users;
• Harasses or advocates harassment of another person;
• Displays pornographic material of any kind;
• Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
• Promotes information that you know is false, misleading, or promotes illegal activities or conduct, or is abusive, threatening, obscene, defamatory or libelous;
• Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, provides information to circumvent manufacturer-installed copy-protect devices, or provides pirated content or links to pirated content files;
• Contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); and
• Engages in commercial activities and/or sales relating to EveryDog Inc. without EveryDog Inc. prior written consent, such as contests, sweepstakes, barter, advertising, and pyramid schemes.
• Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
• Impersonate any person or entity, including, but not limited to, a EveryDog Inc. official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
• Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
• Upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available 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);
• Upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual or proprietary rights (“Rights”) of any party;
• Upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising or promotional materials, except in those areas (such as shopping) that are designated for such purpose; in no event, however, is junk mail, spam, chain letters, pyramid or Ponzi schemes, or the like allowed;
• Upload, post, email, transmit or otherwise make available 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;
• Disrupt the normal flow of dialog, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
• Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.

INDEMNITY

You agree to indemnify and hold EveryDog Inc. and its officers, agents, employees, and other partners, harmless from any loss, liability, claim or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your access to the EveryDog Inc. Site, your use of the EveryDog Inc. Site, any content posted, uploaded or transmitted by you, your use or distribution of any content, your violation of these Conditions of Use, any use of your account or password by you or any third party, or the infringement or other violation by you, or any third party using your account or password, of any intellectual property or other right of any person or entity.

CHANGES/UPDATES TO TERMS OF SERVICE

Because our Site and Locations will continue to implement new technologies and improve the products and services we provide, our Terms of Service are subject to change. We reserve the right to change or update our Terms of Service and to modify or terminate the Site for any reason, without notice and without liability to you or any other participating third party. As a Site user, you are responsible for regularly reviewing our Terms of Service in order to remain informed of our practices and your obligations as you visit and use our Site. Our current Terms of Service constitute the entire agreement between you and EveryDog Inc. as you use our Site and supersedes all prior understandings or agreements, written or oral, in this regard.