Your Acceptance. Welcome to the Terms of Service for the Pooch mobile application. This is an agreement ("Agreement") between ISEA Media, a Pennsylvania limited liability company ("Company," "we," "us," and "our"), the owner and operator of the Pooch mobile application (for the Android operating system), and any associated software and websites offered (collectively the "App") and you ("you", "your" or "user(s)"), a user of the App. If you are agreeing to this Agreement on behalf of an organization or entity, you represent and warrant that you are authorized to agree to this Agreement on that organization or entity's behalf and bind them to the terms herein (in which case, the references to "you", "your", and "user" in this Agreement, except for in this sentence, refer to that organization or entity). By clicking "I agree", accessing, or using the App, you agree to be bound by this Agreement, the Privacy Policy, and agree to all practice set forth in our Cookie Policy. The App is only intended for use by United States users and is only intended for use within the United States. For clarity, Company built and maintains the App, but Pooch, Inc. and Pooch, Inc. franchisees solely own, maintain, and oversee all customer service for all underlying pet, product, and service offerings. For any questions or issues relating to any pet, product, or service offerings displayed within the App, you should contact the Pooch, Inc. corporate office at 250 Riverside Street Chillicothe, OH 45601 or 1-800-221-5935, or contact your local Pooch retail store. PLEASE BE AWARE THAT THERE ARE ARBITRATION AND CLASS ACTION PROVISIONS HEREIN THAT MAY AFFECT YOUR RIGHTS. If you do not agree to this Agreement, the Privacy Policy, or Cookie Policy, you are prohibited from and shall immediately cease using the App. Because our App will continue to implement new technologies and improve the features and functionalities provided, this Agreement, the Privacy Policy, and Cookie Policy are subject to change. We reserve the right to change or update this Agreement, the Privacy Policy, and Cookie Policy for any reason, without notice and without liability to you or any other participating third-party. As an App user, you are responsible for regularly reviewing this Agreement, the Privacy Policy, and Cookie Policy in order to remain informed of our practices and your obligations as you use our App. This Agreement, the Privacy Policy, and Cookie Policy constitute the entire agreement between you and Company as you use our App and supersede all prior understandings or agreements, written or oral, in this regard.
Disclaimer of Warranties. You expressly agree that your use of the App is at your sole risk. The App is provided on an 'as is' and 'as available' basis. Company and our members, managers, officers, joint venturers, employees, as well as its third-party agents, contractors, distributors, merchants, or sponsors (collectively, "Company Third-Parties"), cannot and do not warrant that your use of the App will be uninterrupted, secure or error-free. Neither we nor Company Third-Parties have any responsibility for your action or inaction in connection with the App or for any damage to your device or data or any other damage you may incur in connection with your use of the App. Neither we nor the Company Third-Parties warrant the accuracy, integrity, or completeness of the content provided on the App, or the products or services listed or referenced thereon. We and the Company Third-Parties specifically disclaim all warranties, whether express or implied, including warranties of title, merchantability, fitness for a particular purpose, title, and non- infringement. No oral or written information or advice given by us or the Company Third-Parties shall create a warranty, except where the exclusion or limitation of certain warranties is prohibited by law.
User Information and Accounts. Users may be required to submit information to the App before accessing portions of the App. Any information collected will be disclosed in accordance with our Privacy Policy and Cookie Policy. All users are required to provide truthful and accurate information when registering for our App and must be 18 years old at the time of registration or older. We reserve the right to verify all user credentials and to reject any users in our sole and complete discretion.
Mobile Notifications. Based on the functionality of the App or your preferences, we may send you mobile notifications or alerts ("Notifications"). The number of Notifications received will vary by alert type and also depends on your location and the settings you choose. You acknowledge and agree that the App may send you Notifications related to limited time offers available online and/or at nearby Pooch retail stores, pet and/or product arrivals, geofencing Notifications, and availability, tips, reminders, and alerts and the operation of the App. Please be aware that the App along with any Notifications may not be available at all times and in all areas; certain variables could affect delivery of the messages, including but not limited to your geo-location when using the App, the functionality of your mobile provider network, your settings and messaging preferences, and restrictions set by your mobile provider to your account. Neither Company nor its third-party service providers guarantee Notification delivery, completeness, accuracy, or timeliness. Neither Company nor its third-party service providers are responsible for Notifications that are lost or misdirected. If you wish to opt out of any Notifications please adjust your device or browser settings accordingly, or contact us at yeunggeek@gmail.com for assistance.
App Disclaimer. All content found on and within the App is intended for informational and educational purposes only and offered "as is" without warranty. The App may offer suggestions for pets, products, or services that you may be interested in, which may be presented in the form of quiz results or otherwise. Such suggestions are not intended to, and do not, constitute Company's recommendations or endorsements. Additionally, the App offers users the ability to create customized pet adoption wish lists and you acknowledge that such wish lists do not necessarily represent pets available for adoption, as availability is subject to change. The accuracy of pets listed within the pet wish list section of the App is not guaranteed. Occasionally there may be content on the App that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, content, alerts, pricing, availability, and other information. The pricing, offers, and selections displayed within the App may not match vary between Pooch, Inc. retail stores, and are subject to change.
Pricing, Availability, and In-Store Appointments. ALL PRICES, PROMOTIONS, AND OFFERS DISPLAYED WITHIN THE APP MAY DIFFER FROM THOSE PRICES, PROMOTIONS, AND OFFERS DISPLAYED IN PETLAND, INC. RETAIL STORES OR ON ANY PETLAND, INC. WEBSITE. Coupons, rewards, and other promotions may only be valid at one particular Pooch, Inc. retail store and may not be redeemable at any other Pooch, Inc. retail location or otherwise redeemable. All pets, products, services, and offers listed within the App are subject to availability by Pooch, Inc. and the applicable Pooch, Inc. store, and we reserve the right to impose quantity limits on any scannable coupon vouchers, promotional items, pet wish lists, and appointment scheduling (all aforementioned items advertised collectively referred to as the "Offerings"), to reject all or part of any of the foregoing, to discontinue certain Offerings and to substitute Offerings without prior notice. All prices are shown in U.S. dollars, and taxes, shipping and handling charges (if any) are additional.
Financing Disclaimer. The App may provide links which allow you to review the terms of and apply for various financing options available for the purchase of certain pets, products, and/or services offered by Pooch, Inc. Company is not affiliated, associated, authorized, endorsed by, or in any way officially connected with any such financing options or procedure(s) and expressly disclaims any and all liability which may arise therefrom, whether arising directly or indirectly. Nothing in this Agreement shall be construed as creating any obligation or liability on Company or any of the Company Third-Parties to fulfill any representation, undertaking or agreement other than as expressly provided in this Agreement.
Access and License Grant to You. After registering for our App, where required, we grant you a personal, non-commercial, non-exclusive, revocable, limited license to download one copy of our App onto any mobile device. You may share this license and access with other persons, but you are solely responsible for their actions. As a user, you do not receive any ownership interest in any portion of the App; you merely receive the aforementioned revocable license or access listed above. The App is licensed, not sold to you. Except as expressly granted by this Agreement or otherwise by Company in writing, you acquire no right, title, or license in the App or any data, software, content, application, or materials accessed from or incorporated within the App. This Agreement does not give you any rights to any updates or upgrades to the App or to any maintenance releases, patches, fixes, extensions, or enhancements to the App developed by Company or its supplier or licensors at any time in the future. Except as required under applicable law, this license does not entitle you to receive any maintenance or support services with respect to the App. If provided by Company, App updates may be delivered automatically or you may be notified when a new update is ready to be installed, or we make such updates available for download. Company may, but has no obligation, to provide App updates and support. You authorize Company to deliver automatically any App update if we believe it is necessary to provide for the continued functionality of the App or for any reasonable business purpose. Your use of all App updates will be governed by this Agreement unless you are asked to agree to new or additional terms at the time of download or installation. You also agree that you may have to enter into a renewed version of this Agreement if you want to download, install, or use a new or modified version of the App. Your license or access to the App is subject to the following requirements:
You may not decompile, reverse engineer, disassemble, modify, rent, sell, translate, lease, loan, distribute, or create derivative works or improvements to the App or any portion of it for any reason whatsoever.
You may not share your license or access with any other parties except as provided for under this Agreement, the Privacy Policy, Cookie Policy, or any additional agreements.
You may not violate or infringe the intellectual property, privacy, or other rights of any third-party while using the App.
You must preserve all copyright and other proprietary rights on the App and all copies thereof.
You may not violate any laws, rules, or procedures of the United States or other countries as applicable while using the App.
You may not violate any of Company's additional policies.
You may not use our App except through specific channels provided by us.
You may not use the App on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake.
You may not sell, lease, loan, distribute, transfer, host, outsource, disclose, sublicense, or otherwise commercially exploit the App or make the App available to any third-party.Please be aware that this is not an all-encompassing list of restrictions, if you breach any of these restrictions, we may revoke your license or your access to use our App at our discretion. Additionally, we may revoke your license or restrict your access to our App if we believe that your actions may harm us or any of our users. Failure by us to revoke your license or restrict access does not act as a waiver of your conduct.
Use of the App. When using our App, you are solely responsible for your use of the App, including any purchasing decisions you decide to make. When using our App you agree to the following:
You may not copy, distribute or disclose any part of the App in any medium, including without limitation by any automated or non-automated "scraping;"
You may not systematically retrieve data or other content from the App to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission, which may be unreasonably withheld;
You may not use the App for any data mining or similar data gathering and/or extraction purposes;
You may not make any unauthorized use of the App, including collecting user data or App data by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
You may not use the App in any ways that are unlawful;
You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the App;
You may not circumvent, disable, or otherwise interfere with security-related features of the App, including features that prevent or restrict the use or copying of any content or enforce limitations on the use of the App and/or content contained therein;
You may not engage in unauthorized framing or linking to the App;
You may not trick, defraud, mislead us and/or other App users, especially in an attempt to learn account access and/or personal information;
You may not make improper use of our support services or submit false reports of errors, abuse, or misconduct;
You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the App or to extract data;
You may not use automated bots or other software to send more messages through our App than humanly possible;
You may not access our App in an attempt to build a similar or other competitive product or service;
You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
You may not use the App in any way that is: misleading, unlawful, defamatory, obscene, invasive, or threatening;
You may not use the App to stalk, harass, bully, or harm another individual;
You may not violate any requirements, procedures, policies or regulations of networks connected to the App and/or Company;
You may not interfere with or disrupt the App;
You may not disparage, tarnish, or otherwise harm, in our opinion, us and/or the App;
You agree that you will not hold Company responsible for your use of our App and your customers' use of the App;
You may not use the App in a manner inconsistent with any applicable laws or regulations; and
You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our App, including the de- indexing or de-caching of any portion of our App from a thirty party's website, such as by requesting its removal from a search engine.If you are discovered to be undertaking any of the aforementioned actions your privileges to use our App may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our App, but we reserve the right to suspend or terminate any account at any time without notice or explanation.
User Content. Your ability to submit or transmit any information through the App, including but not limited to pet wish lists, links, data, information, images, references, or any other information will be referred to as "User Content" throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We provide industry standard security for our App but we cannot guarantee the absolute safety and security of any such User Content. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the App may be modified, edited, or removed at our discretion. Furthermore, you represent and warrant that you have the right to submit any User Content, all User Content is legal, and the User Content does not interfere with any third-party rights or obligations. When you submit any User Content to us, you grant Company, its partners, affiliates, users, representatives and assigns a non-exclusive, limited, fully-paid, royalty-free, revocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works, or use and reuse all or part of your User Content for the purposes of providing you any services associated with the App. Additionally, you grant to Company a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the App any suggestion, enhancement request, recommendation, correction, or other feedback provided by you relating to the operation of our App.
Monitoring User Content. Company shall have the right, but not the obligation, to monitor all User Content on the App at all times, to determine compliance with this Agreement and any guidelines established by us. Without limiting the foregoing, Company shall have the right, but not the obligation, to remove any User Content that Company within Company's sole and complete discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests. We have no obligation to retain or provide you with copies of any User Content.
Social Content. The App may contain links that enable you to post written, graphical, hyperlink, audio, video, and/or audiovisual content on various social media accounts owned by Pooch, Inc., Pooch, Inc. franchisees, and/or ISEA Media (all such social media accounts referred to as the "Pooch Social Media Accounts"). By: (1) posting on any Pooch Social Media Accounts, or (2) submitting a review within the App in any variation of punctuation or capitalization, you hereby agree to the following:
Use of name, handle, text, photo, video, and likeness. You hereby grant Pooch, Inc., Pooch, Inc. franchisees, and Company, their subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use your name and/or handle, image and likeness, text, photograph, and video you are posting to social media platforms including but not limited to SnapChat, Pinterest, Twitter , Facebook, and Instagram (collectively, the "Content") within the App or on any Pooch Social Media Accounts. You agree that the Content may be distributed, published, exhibited, or digitized, displayed, reproduced, and otherwise used, within the App, www.petland.com, any website, and any Pooch Social Media Account at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. You agree that you shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and you irrevocably waive any and all so-called moral rights you may have in the Content.
Takedown. If you want any Content removed from the App or any website, you understand it may take up to 30 days. To initiate the process, you will send an email message to yeunggeek@gmail.com with the subject line "Content Removal." In the body of the email I will include (a) Name, (b) Address, (c) Phone Number, (d) a screen shot of the content you want removed, (e) the complete web address or location the content was displayed on, (f) the date the content was seen, and (g) a brief description of why the content needs to be removed.
Your Representations and Warranties. You represent and warrant as follows: (a) you have the right to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. You hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any Content or any breach or alleged breach of any of your warranties, representations or agreements hereunder.
No obligation to use. You understand and agree: (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the App or other website at any time for any reason in the Permitted Parties' sole discretion. You further understand and agree that the Permitted Parties will not use any Content or other materials they find inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous, or libelous, or that the Permitted Parties believe may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
Limitations Regarding Information, Articles, and Advice. The App may offer or link to information, articles, and advice to pet for educational purposes only. Any information offered through or linked to on the App is not intended to diagnose, treat, or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, call or visit a licensed veterinarian or animal hospital.
App Availability. Although we try to provide continuous availability to you, we do not guarantee that the App will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the App. You agree and acknowledge that the App uses remote access and may not always be either 100% reliable or available. We cannot guarantee that the App will work to the functionality desired by you or give you any desired results when using the App independently or when paired with a third-party product.
Modification of App. We reserve the right to alter, modify, update, or remove our App at any time. We may conduct such modifications to our App for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to modify App features and functionalities, fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the App for security, legal, or other purposes.
Guidelines for Reviews. We may provide you areas within the App to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative. We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not represent our opinions or the views of any of Company or Company Third-Parties. Neither we nor any Company Third-Parties assume any liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review within the App, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and licence to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
Intellectual Property. The name "Pooch App", the mobile application, along with the design of the App and any text, writings, images, videos, templates, scripts, graphics, interactive features and any trademarks or logos contained therein ("Marks"), are owned by or licensed to Company, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. For clarity, all breeder videos displayed within App are the exclusive property of Company. Company reserves all rights not expressly granted in and to the App. You agree to not engage in the use, copying, or distribution anything contained within the App unless we have given express written permission.
Privacy Policy. We value your privacy and understand your privacy concerns. Our Privacy Policy is incorporated into this Agreement, and it governs your access to and use of the App. Please review our Privacy Policy so that you may understand our privacy practices. All information we collect is subject to our Privacy Policy, and by using the App you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. You further understand that any information collected by Company may be transferred to the United States and/or other countries for storage, processing and use by Company and its affiliates.
Idea Submission. Company or any of its employees do not accept or consider unsolicited ideas, including but not limited to ideas relating to processes, technologies, product enhancements, or product names. Please do not submit any unsolicited ideas, content, artwork, suggestions, or other works ("Submissions") in any form to Company. The sole purpose of this policy is to avoid potential misunderstandings or disputes when Company's products might seem similar to ideas you submitted to Company. If, despite our request that you not send us your ideas, you agree to the following: (1) your Submissions and their contents will automatically become the property of Company, without any compensation to you; (2) Company may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Company to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Disclaimer. THE APP IS PROVIDED ON AN "AS IS", "AS AVAILABLE" AND "WITH ALL FAULTS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER COMPANY, NOR ANY OF OUR MEMBERS, EMPLOYEES, MANAGERS, OFFICERS, CONTRACTORS, JOINT VENTURERS, ASSIGNS, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (1) THE APP; (2) ANY INFORMATION PROVIDED VIA THE APP; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO COMPANY, OR VIA THE APP. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON- INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. COMPANY DOES NOT REPRESENT OR WARRANT THAT THE APP WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE APP OR THE SERVER THAT MAKES THE APP AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. COMPANY DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE APP IS ACCURATE, COMPLETE, OR USEFUL. COMPANY DOES NOT WARRANT THAT YOUR USE OF THE APP IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND COMPANY SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
Limitation of Liability. IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, JOINT VENTURERS, CONTRACTORS, AGENTS, OR PETLAND, INC. BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM: (1) YOUR USE OR INABILITY TO USE THE APP OR ANY ERRORS, MISTAKES, OR INACCURACIES FOUND WITHIN THE APP, (2) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR APP, (3) ANY INTERRUPTION, MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR APP TO YOU, (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR APP VIA A THIRD-PARTY, (5) ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL, (6) COMPANY'S USE AND/OR DISPLAY OF THIRD-PARTY TRADEMARKS, BRANDING, AND OTHER GRAPHICAL, AUDIO, OR AUDIOVISUAL CONTENT, OR (7) ANY ACTION TAKEN IN CONNECTION WITH ANY THIRD-PARTY COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES, INCLUDING NEW JERSEY, DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY COMPANY'S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES, CONTRACTORS, OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. SPECIFICALLY, FOR NEW JERSEY RESIDENTS OUR LIABILITY IS THE LOWEST PERMITTED UNDER NEW JERSEY LAW. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED ONE HUNDRED ($100) US DOLLARS.
Indemnification. You hereby agree to defend, indemnify and hold harmless Company, its members, officers, directors, employees, joint venturers, contractors, agents, and Pooch, Inc., from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
your use of and access to the App;
your violation of any term of this Agreement or the Privacy Policy; or
your violation of any third-party right, including without limitation any copyright, property, or contractual right.This defense and indemnification obligation will survive this Agreement and your use of the App. You also agree that you have a duty to defend Company against such claims and Company may require you to pay for an attorney(s) of Company's choice in such cases. You agree that this indemnity extends to requiring you to pay for Company's reasonable attorneys' fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, Company may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
Copyrights. We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
Your full legal name.
The name of the party whose copyright has been infringed, if different from your name.
The name and description of the work that is being infringed.
The location on our App of the infringing content.
A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third-party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.You must sign this notification and send it to us at yeunggeek@gmail.com.
Choice of Law. This Agreement shall be governed by the laws in force in the state of Pennsylvania. The offer and acceptance of this contract is deemed to have occurred in the state of Pennsylvania.
Disputes. Any dispute relating in any way to your use of the App or your relationship with us shall be submitted to confidential arbitration in Lehigh County, Pennsylvania. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules ("Rules") then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one arbitrator as selected pursuant to the Rules; the arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where allowed by the Rules, Company may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the App or this Agreement must be filed within one year after such claim or cause of action arose or be forever banned (waiver does not apply to New Jersey residents). Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief), or make a claim for nonpayment, in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the abovementioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Lehigh County, Pennsylvania.
Class Action Waiver. You and Company agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action. The foregoing class action waiver does not apply to residents of Pennsylvania.
Severability. In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement or any other agreement you may have with Company are deemed to conflict with each other's operation, Company shall have the sole right to elect which provision remains in force.
Non-Waiver by Company. We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
Assignment and Survival. You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion without prior notice given to you. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Licensing, Indemnification, and Arbitration sections.
Termination. You may terminate this Agreement by uninstalling the App or by contacting us at yeunggeek@gmail.com. Please be aware that upon termination of your account, access to portions of our App may be become immediately disabled. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our App; (2) if you have violated this Agreement or any of our App policies; or (3) if we believe that any of your actions may legally harm our Company, the App, or our business interests, at our sole decision or discretion. In the event of termination, we may provide you with an explanation; however, we are not required to do so.
Entire Agreement. This Agreement along with the Privacy Policy constitute the complete and exclusive understanding and agreement between the parties regarding the subject matter herein and supersede all prior or contemporaneous agreements or understandings written or oral, relating to its subject matter. Any waiver, modification, or amendment of any provision of this Agreement will be effective only if in writing and signed by a duly authorized representative of each party.
Amendments. We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our App and we shall terminate our Agreement with you.
Electronic Communications. The communications between you and Company use electronic means, whether you visit the App or send Company e-mails, or whether Company posts notices on the App or communications with you via mobile notifications or e-mail. You consent to receive electronic communications from Company. For contractual purposes, you: (1) consent to receive communications from Company in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing.
Export Controls. The App and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported: (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the App, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
Non-Affiliation. This Agreement is entered solely into between you and Company, owner and operator of the App. Furthermore, Company is not, and has never been, an affiliate of Pooch, Inc. and does not own, directly or indirectly, alone or with affiliates, any ownership, economic interest, and/or managerial interest in Pooch, Inc. The official Pooch, Inc. website can be found at http://www.petland.com/. Although the App may be available for download in the Google Play Store ("Google") or the iTunes Store ("Apple"), neither Google nor Apple are a party to this Agreement and shall have no obligations with respect to the App. Company is solely responsible for the App and the content thereof as set forth hereunder. However, Google and Apple are third-party beneficiaries of this Agreement. Upon your acceptance of this Agreement, Apple or Google shall have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. This Agreement incorporates by reference the Licensed Application End User License Agreement published by Apple and Google, for purposes of which, you are "the end-user." In the event of a conflict in the Terms of the Licensed Application End User License Agreement and this Agreement, the terms of this Agreement shall control.
Third-Party Links. The App may permit you to link to other websites, services or resources on the Internet, and other websites, services, or resources may contain links to the App. The App may also permit you to share third-party links with select other users of the App. These links lead to websites published or operated by third-parties who are not affiliated with or in any way related to Company. When you access third-party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that Company is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such links, websites, or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. Such links have been included in the App to enhance your user experience and are presented for information purposes only. We endeavor to select reputable websites and sources of information for your convenience. However, by providing links to an external website, Company shall not be deemed to endorse, recommend, approve, or guarantee any third-parties or the services/ products they provide on their websites, unless otherwise stated by Company. You further acknowledge and agree that Company 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 the use of or reliance on any linked content, goods or services available on or through any such linked website or resource. Please be mindful that when you click on a link and leave our website you will be subject to the terms of use and privacy policies of the other website that you are going to visit.
Data Rates. You will be able to access the App through your mobile device or cellphone. Please be aware that data and messaging rates may apply depending on your carrier and phone service. Please be sure to check your data plan to understand any relevant costs incurred by your use. We cannot be responsible for any fees charged by your data or cellphone carrier.
California Users. Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be sent to yeunggeek@gmail.com. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.