TERMS OF SERVICE
(Effective January 1, 2015)
PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND OTHER RELATED WEBSITES OWNED BY CLEVER DOG PRODUCTS, POOCH SELFIE AND THE PRODUCTS, SERVICES AND COACHING PROVIDED HEREUNDER.
These Terms and Conditions (“Terms and Conditions”) are made between you, as a user of this website and of the products and services offered on this website, and by Clever Dog Products LLC a California corporation (“Company” or “we”).
You understand that by (a) using this website, (b) purchasing any products or services from the website, or (c) utilizing any such products or services you are agreeing, and will be deemed to have agreed, to these Terms and Conditions.
We reserve the right to modify these Terms and Conditions and you should check these Terms and Conditions periodically for changes. By using this website after we post any changes to these Terms and Conditions, you agree to accept those changes, whether or not you have reviewed them. With regard to products and services purchased or utilized on this website, the version of these Terms and Conditions that were posted at the time of purchase or utilization apply.
If at any time you choose not to accept these Terms and Conditions, please do not visit or use this website.
Your Representation to Company
By using this website, purchasing any products or services from the website, or utilizing any such products or services, you represent and warrant to Company that: (a) you are over the age of eighteen (18) and have the power and authority to enter into and perform your obligations under these Terms and Conditions; (b) you have reviewed these Terms and Conditions in their entirety and shall comply with all of these Terms and Conditions; (c) if you purchase products or services through the website, you will provide accurate and complete information, including, without limitation, your legal name, email and mailing addresses, telephone number(s) and credit card information; and (d) you are the authorized signatory of the credit or charge card provided to Company to pay for products and services purchased from the website.
GENERAL TERMS & CONDITIONS:
Scope of Terms and Conditions
These Terms and Conditions apply to your use of all of the website at www.Poochselfie.com as well as any of its subdomains and related domains or shopping cart pages (collectively, “the Site” or “this Site”), as well as to products and services purchased or utilized from the Site. Unless stated otherwise, all references to the Site in these Terms and Conditions include this Site. These Terms and Conditions do not apply to your use of unaffiliated sites to which the Site only links.
Ownership of Website Content
Unless otherwise noted, all content on the Site, which shall include, without limitation, all products and services offered on or accessed through the Site (collectively, the “Site Content”), are the sole and exclusive property of Company, Company’s affiliates, or Company’s third-party licensors and are protected by U.S. laws and international treaties. By accepting these Terms and Conditions, you do not become the owner of any Site Content, but are entitled to use the Site Content according to these Terms and Conditions and subject to all additional intellectual property notices, information, or restrictions accessed through the Site. As used herein, “Site Content” shall include, without limitation, all text, editorial content, course materials, images, graphics, logos, illustrations, photographs, video, audio, and other materials on, offered by, or accessed through the Site, as well as the designs, icons, layout, “look and feel,” and all other graphical elements, and all code and software of the Site and all copyrights, trademarks, service marks, trade names, patents, and other intellectual property rights in any of the foregoing.
License of Website Content
You are being provided a limited, non-exclusive, non-transferable and revocable license to browse the Site and, if you elect to register with the Site, to use the Site to purchase products and services offered on the Site, participate in Online Forums (as defined under the “Public Forum Participation Policy and Terms” section and as Forums are made available), and to undertake other activities that may be offered by the Site from time to time, subject to the restrictions and limitations set forth in these Terms and Conditions. If you purchase products or service offered on or accessed through the Site, your purchase shall constitute a limited, non-exclusive, and revocable license to use the products and service subject to these Terms and Conditions.
Permitted Uses of Website Content
Subject to any terms of purchase described on the Site, products and services offered on the Site are for your own personal, non-commercial use only. Certain products and services may only be accessed through the Site and may not be downloaded. Products and services purchased by you that may only be accessed through the Site shall only be accessible through the Site for one (1) year from the date of purchase. For products or services, or portions thereof, that may be downloaded, or any other Site Content which you may download, you may only download and print a single copy of such Site Content on a single computer for your own personal use, provided you keep intact all copyright and other proprietary notices contained in the original Site Content on any copy you make. Except as described in these Terms and Conditions, or in the terms of purchase for products or services offered by the Site, you are not permitted to copy, reproduce, modify, republish, upload, download, post, sell, lease, license, rent, transfer, or in any manner distribute or otherwise use or permit others to use any Site Content or any copies thereof. You must not reverse engineer, decompile, or disassemble any Site Content. The license to use the Site Content as described in the “License of Website Content” section will automatically terminate if you fail to comply with any these Terms and Conditions. In the event this license is terminated, you must immediately destroy any copies you have made of the Site Content.
We reserve the right in our sole and absolute discretion to refuse access to the Site, or any areas on the Site, or to provide any product or service to any person or entity for any reason.
You, as the user of the Site, agree not to do any of the following while using the Site:
Harass, stalk, or otherwise abuse another user
Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic, or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by Company in its sole discretion)
Transmit or otherwise make available any content that is unlawful or infringes, violates, or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright, or any other intellectual property or any other rights of any third party
Upload or transmit viruses, Trojan horses, or other harmful, disruptive, or destructive files or post material that interferes with any third party’s uninterrupted use and enjoyment of the Site
Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason
Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes, or offer for sale of any products or services, except in areas specifically designated for such purposes
Violate any applicable local, state, federal, or international law, rule or regulation
If you desire to purchase products or services, or participate in other activities offered by the Site which require registration, you will be required to register with the Site. Registration will entail, among other things, entering a user name and password. To purchase products or services offered by the Site, you will be required to provide credit card and other personal information. Your account is non-transferable, and any rights to your account shall automatically terminate upon your death. You may not use the account, user name, or password of someone else at any time. You agree to notify Company immediately of any unauthorized use of your account, user name, password, and/or credit card information. You also agree to notify Company if you are aware of, or suspect other unauthorized use of the Site and/or the Site content. Company will not be liable for any loss that you incur as a result of someone else using your user name and password with or without your knowledge. You may be held liable for any losses incurred by Company, its affiliates, officers, directors, employees, consultants, agents, or representatives due to someone else’s use of your account, user name, or password.
You are prohibited from violating or attempting to violate the security of the Site. We have the right, but not the obligation, to investigate occurrences of possible violations, and will cooperate with all applicable law enforcement authorities in prosecuting violators. We may suspend your access to the Site while we conduct an investigation. To protect against unauthorized access to your account, it is recommended that you close the browser when you have finished using the Site. You are responsible for maintaining the secrecy of your user name and password.
Purchase of Products and Services
An order to purchase products and/or services offered by the Site is not binding upon Company until it is accepted. Company must receive payment before it will accept an order and allow you to access or download products or services, or before we ship any product or provide any service (as applicable, depending on the product or service purchased). You can make payment by credit card, or some other method prearranged with Company. You agree to pay the amounts due as specified on the invoice, and you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
These Terms and Conditions apply only to this Site, and not to the sites of any other companies or organizations. We are not responsible for the availability of any other site to which the Site links. We do not endorse or take responsibility for the contents, advertising, products, or other materials made available through any other site. Under no circumstances will we be held responsible or liable, directly or indirectly, for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, goods, or services available on any other site. You should direct any concerns to that site administrator or webmaster. Other sites may link to this Site only through a plain-text link or provided graphics link. Permission must be granted by Company for any other type of link to the Site. To seek Company’s permission, you may send an email to firstname.lastname@example.org. We reserve the right, however, to rescind any permission granted by Company to link through a plain-text link or any other type of link, and to require termination of any such link to the Site, at Company’s discretion at any time.
For fastest response, use the address for the Company below:
Clever Dog Products LLC
P.O. Box 122375
San Diego, CA 92112
You can reach Company’s customer support by email at email@example.com.
Public Forum Participation Policy and Terms
As a service to our users, the Site may, but shall not be obligated to, feature message boards, chat rooms/areas, discussion forums, ratings, comments, bulletin board services, news groups, communities and/or other message or communication facilities and other public/semi-public/private forums (collectively, “Forums”) where users with similar interests or similar experiences can share information and support one another, or where users can post questions for others to answer. We may also offer online discussions moderated by various experts or other persons.
Much of the content of the Forums, including, without limitation, the descriptions for many Forums and the content within a specific message, comment, or posting, is provided by and is the responsibility of the third party creator of the Forum or the person posting in that Forum. Company has no responsibility for such content, and is merely providing access to such content as a service to you.
BY THEIR VERY NATURE, FORUMS MAY CARRY OFFENSIVE, HARMFUL, INACCURATE, OR OTHERWISE INAPPROPRIATE MATERIAL, OR IN SOME CASES, POSTINGS THAT HAVE BEEN MISLABELED OR ARE OTHERWISE DECEPTIVE. WE EXPECT THAT YOU WILL USE CAUTION AND COMMON SENSE, AND EXERCISE PROPER JUDGMENT WHEN USING DISCUSSION FORUMS.
Any information (including personally identifiable information or other personal information) that you reveal in a Forum, may, by design, be open to the public, and in such case may not constitute a private, secure service. You should think carefully before disclosing any information in any Forum. What you have written may be seen, disclosed to, or collected by third parties and may potentially be used by others in ways we are unable to control or predict, including to contact you for unauthorized purposes. By submitting communications or content to Forums, you agree that such submission is non-confidential for all purposes, unless the Company specifically notes otherwise (for example, in the rules for a particular Forum, if any).
You agree that you will not upload or transmit any communications or content of any type to a Forum that infringe or violate any rights of any party. Further, you have agreed to restrict your actions in certain ways as described in these Terms and Conditions, including, without limitation, as outlined in the Prohibited Activities section.
Grant of Rights to Company Regarding Your Posts and Submissions
To the extent that you are the original copyright holder of any post or submission by you to a Forum, and such post or submission does not contain any of the information or material of Company, then (a) you remain owner of such post or submission to the extent you were the owner; (b) you automatically grant on behalf of yourself or otherwise warrant that the owner of such content or intellectual property has expressly granted Company, a royalty-free, perpetual, irrevocable, world-wide nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, display, and/or otherwise exploit, the post, submission, communication, or content in any media or medium, or any form, format, or forum now known or hereafter developed; and (c) you agree and warrant that Company may sublicense or assign its rights through multiple tiers of sublicenses or assigns.
No Obligation to Monitor or Remove Content from Links
Company does not control the information delivered to the Forums, and has no obligation to monitor the Forums. However, Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or legal governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, for any reason whatsoever, in Company’s sole discretion. Company is not obligated to remove any content from the site which does not violate any civil or criminal laws, and any contributions intended for display on this web site via any means, whether submitted via HTTP (web), SMTP (mail), NNTP (newsreader), or otherwise, are presumed to be contributed by the author/contributor with the intent that Company shall have an ongoing, non-exclusive right to publish the contributed content for an indefinite amount of time, unless the content submitted was made under an agreement with Company with differing terms, or Company has clearly only been provided limited, non-exclusive publishing rights (for example, in the case of some exclusively copyrighted newsletter content). If you do not wish to have something which you submit to be published, do not submit it in the first place.
Company does not endorse, support, represent, or guarantee the truthfulness, accuracy, or reliability of any communications posted in the Forums, or endorse any opinions expressed in the Forums. You acknowledge that any reliance on material posted in the Forums will be at your own risk.
Company’s Right to Act
If Company discovers communications that allegedly do not conform to any terms and conditions of this Site, Company may investigate the allegation and determine in good faith, and in its sole discretion, whether to remove or request the removal of the communication. Company will have no liability or responsibility for performance or non-performance of such activities. Company reserves the right to terminate or restrict your access to any or all of the Forums at any time, without notice, for any reason whatsoever. You acknowledge that some Forums available through the Site are available only through the Site and others are available both through the Site and other sources, such as Usenet, over which Company has absolutely no control.
DISCLAIMERS AND LIMITATIONS ON LIABILITY
Company may, from time to time, offer warranties for particular products or services offered by or through the Site. Any such warranties, if given, will be specifically set forth in writing in the Site description of the product or service offered. Except for any such express warranties, all Site Content, including, without limitation, any products and services offered by or through the Site, shall be governed by and subject to the disclaimers and limitation of liability described below.
General Disclaimer of Warranties
The services, products, and content on or accessed from this site are provided “as is,” and without warranties of any kind, either express or implied. We disclaim all warranties to the maximum extent of the law, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose.
Neither we, nor any of our respective licensors or suppliers, warrant that any functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that the site or the server that makes them available are free of viruses or other harmful components.
Neither we, nor any of our respective licensors or suppliers, warrant or make any representations regarding the use or the results of the use of the services, products, or content offered or accessed on the site in terms of their correctness, accuracy, reliability, or otherwise.
Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. To the extent any warranty cannot be disclaimed, a limited explicit warranty is given by Company to the exclusion of any other remedy as follows: if a product or service purchased by you breaches a warranty that may not be disclaimed, and you notify Company within 30 days of purchase, the Company may, in Company’s discretion, either (a) replace the breaching service or product, or (b) refund of the monies paid for the breaching service or product.
By accessing the site, you understand that you may be waiving rights with respect to claims that are, at this time, unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of any law of any state or territory, that provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Limitation of Liability
Under no circumstances, including but not limited to negligence, will we or any of our licensors or suppliers be liable for any special, incidental, or consequential damages that result from the use of, or the inability to use or access, the Site, any Site Content, or any products or services purchased through the Site, even if advised of the possibility of such damages.
Applicable law may not allow the limitation or exclusion of liability for special, incidental, consequential, or other damages, so the above limitation or exclusion may not apply to you. In no event, however, shall the total liability to you by Company or any of Company’s licensors or suppliers for all damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed the greater of (a) $100 or (b) if the liability arises from a product or service offered by the site and purchased by you, the amount paid by you to Company to purchase such product or service.
Third Party Products, Service and Content.
The Site may from time to time include or refer to products, services and/or content provided by third parties. Unless expressly provided by Company on the Site, we do not endorse, warrant or guarantee any products or services or content provided by third parties and made available or referenced on the Site. We are not a party to, and do not monitor, any transaction between users and third party providers of products or services or content made available or referenced on the Site.
Minimum Age Requirement
Users of the Site must be over 18 years of age. You agree to abide by any such restrictions, and not to help anyone avoid these restrictions. If you are under 18, you agree to immediately stop accessing the Site. If you are accessing the Site, you represent that you are at least 18 years of age. If you are purchasing any of the products or services offered through or by the Site, you represent that you are at least 18 years of age.
All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Company or its content suppliers, and is protected by United States and international copyright laws. The compilation of all content on the Site is the exclusive property of the Company and protected by U.S. and international copyright laws.
The Company’s name and other Company logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks, or trade dress of Company or its affiliates in the U.S. and/or other countries. Company’s trademarks and trade dress may not be used in connection with any product or service that is not Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Company. All other trademarks not owned by the Company or its affiliates that appear on the Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company or its affiliates.
SPECIAL NOTES WITH REGARD TO PRODUCT AND SERVICE PURCHASES
If the Company makes a product available by shipping and you request a product to be shipped, the product shipped by Company may be shipped by USPS Standard or by any other method in the discretion of Company. A shipping charge may be imposed. Shipping will be subject to the following, as applicable:
Orders shipped to Puerto Rico will have a 6.6% duty tax
All orders require at least 24-48 hours processing time before shipping
Company does not process orders during weekends
Company does not guarantee same day shipping
All orders shipped within California will be charged sales tax
Exact delivery times to any location cannot be guaranteed
If you reside outside of the United States, it is your responsibility to calculate the amount of Customs/Duty that will be applied to your purchase by the Customs Office in your country
Authorization of Purchase
If you order anything posted on the Site, you are additionally agreeing to pay the amounts set forth therein, that the Company may charge your credit card for such amounts, and that you agree to the terms set forth on that webpage in addition to these Terms and Conditions.
If you have problems or concerns regarding the Company or your purchases, you may contact Company by emailing Company at mail@Poochselfie.com.
Company strives for accuracy in all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information contained herein or referenced on the Site. Due to human error, we cannot guarantee that all item descriptions, photographs, compatibility references, detailed specifications, pricing, links, and any other product-related information listed is entirely accurate, complete, or current, nor can we assume responsibility for these errors. In the event a product listed on the Site is labeled with an incorrect price due to some typographical, informational, technical, or other error, Company shall, at its sole discretion, have the right to refuse and/or cancel any order for said product and immediately amend, correct, and/or remove the inaccurate information.
GENERAL TERMS AND CONDITIONS
Governing Law and Jurisdiction
Any dispute arising out of or related to these Terms and Conditions, the use of the Site, or the purchase of any products and services offered by or accessed through the Site shall be governed by the laws of the State of California, without regard to its conflicts of law rules. Specifically, the validity, interpretation, and performance of these Terms and Conditions shall not be governed by the United Nations Convention on the International Sale of Goods. Company and you consent to the exclusive jurisdiction and the exclusive venue of the State Courts of the State of California, to resolve any dispute between them related hereto, and the parties waive all rights to contest this exclusive jurisdiction and venue of such Courts. Finally, with respect to the purchase of products and services offered by or accessed through the Site, you also agree not to bring any legal action, based upon any legal theory including contract, tort, equity, or otherwise, against Company that is more than one year after the date of purchase.
By using the Site, you agree that Company, at its sole discretion, may require you to submit any disputes arising from the use of the Site, or these Terms and Conditions concerning or including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (“Rules”), by one arbitrator, appointed in accordance with said Rules. Notwithstanding the Rules, however, such proceeding shall be located in the County of San Diego, State of California, and governed by the laws of the State of California as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages, and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages in any arbitration initiated under this section, except as may be required by statute.
If any provision contained in these Terms and Conditions is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the remaining provisions and portions of these Terms and Conditions, and the invalid, illegal, or unenforceable provision shall be deemed modified, so as to have the most similar result that is valid and enforceable under applicable California law.
The failure of either party to require performance by the other party of any provision of these Terms and Conditions shall not affect, in any way, the first party’s right to require such performance at any time thereafter. Any waiver by either party of a breach of any provision of these Terms and Conditions shall not be taken or held by the other party to be a continuing waiver of that provision unless such waiver is made in writing.
These Terms and Conditions are the complete and exclusive agreement between the Company and you, and they supersede all prior or contemporaneous proposals, oral or written, understandings, representations, conditions, warranties, and all other communications between the Company and you relating to the subject matter of these Terms and Conditions. These Terms and Conditions may be supplemented by additional terms and conditions set forth in writing on the Site and accepted by the user. These Terms and Conditions shall in no event be explained or supplemented by any prior course of dealings or trade by custom or usage.
Reminder: Company may revise these Terms and Conditions at any time by updating this posting. You should visit this page from time to time to review the then-current Terms and Conditions because they are binding on you. Certain provisions of these Terms and Conditions may be superseded by expressly designated legal notices or terms located on particular pages of the site.