PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY THE COMPANY. BY VISITING THE WEBSITES OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND A PARTY TO THE TERMS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS OF THIS AGREEMENT, YOU HAVE NO RIGHT TO USE THE SERVICES. USE OF COMPANY’S SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT TO THE EXCLUSION OF ALL OTHER TERMS.
ACCESS TO SERVICES AND CONSENT TO THESE TERMS
When using or accessing the Services, you agree that you must comply with any guidelines, rules, terms, and conditions applicable to such use or access that are posted by us which are hereby incorporated by reference into these Terms and with any applicable third-party terms of agreement.
The Company may modify these Terms at any time by posting the revised Terms on the App or the Website. You can determine when this Agreement was last revised by referring to the “Effective” legend at the top of these Terms. Any modifications will be effective immediately upon such posting. Your use of or access to the Services after such modifications are posted will signify your acceptance of the modifications and your agreement to be bound by them. Notwithstanding the foregoing, any modifications to these Terms shall not apply to any dispute between us arising prior to the date on which we post the revised Terms that contain such modifications.
We reserve the right, at any time and from time to time, temporarily or permanently, in whole or in part, to: modify, suspend, or discontinue the Services; charge fees in connection with the use of the Services; modify and/or waive any fees charged in connection with the Services; and/or offer opportunities to some or all users of the Services. You agree that neither we nor any of our affiliates shall be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, in whole or in part, or of any service, content, feature or product offered through the Services. You may choose to use the Services in connection with the WonderWoof device (the “Product”). You may use the Services in connection with the Product only after you have purchased the Product and read and accepted the WonderWoof Terms of Sale for the Product (“Product Terms of Sale”) before using the Product or accessing the Services in connection with your use of the Product.
Company does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to the Company or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. You represent and warrant to Company that: (i) you are an individual (i.e., not a corporation) and you are of legal age to form a binding contract or have your parent’s permission to do so, and you are at least 13 years or age or older; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
You warrant that the information you provide to Company is accurate and complete. Company is entitled at all times to verify the information that you have provided and to refuse the Services or use thereof without providing reasons. The materials displayed, uploaded to or performed by the Company to provide the Services (“Content”), and including all User Content (defined below) is owned by the Company and protected by copyright.
By using any of the Services you further agree that:
• You will only use the Services for your sole, personal use and will not resell it to a third party;
• You will not use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purposes whatsoever any Content or User Content or third party submissions or other proprietary rights not owned by you: (i) without the express prior written consent of the respective owners or the Company, and (ii) in any way that violates any third party right;
• You will not assign or otherwise transfer your account to any other person or legal entity;
• You will not use any of the Services for unlawful purposes, including but not limited to sending or storing any unlawful material or for fraudulent purposes;
• You will not use the Services to cause nuisance, annoyance or inconvenience;
• You will not impair the proper operation of the network;
• You will not try to harm the Services in any way whatsoever;
• You will not copy, or distribute the Services or other Content or User Content without written permission from Company;
• You will not use any of the Services with an incompatible or unauthorized device;
You understand that by posting information or content or otherwise providing content, materials or information to Company or in connection with the Services, including, without limitation, information you have made available automatically through your use of the Product (collectively, “User Content”), Company is hereby granted a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sub-licenseable and transferable right to fully exploit such User Content in connection with the Services and Company’s business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Services a non-exclusive license to access your User Content through the Services, and to use, modify, reproduce, distribute, prepare derivative works of, display and perform such User Content as permitted through the functionality of the Services and under this Agreement.
Company reserves the right to remove any Content or User Content from the Services at any time, for any reason or for no reason at all. You remain solely responsible for all Content uploaded or transmitted in connection with the Services, and you warrant that you possess all rights necessary to provide such content to Company and to grant Company the rights to use such information in connection with the Services and as otherwise provided herein. You are responsible for all of your activity in connection with the Services. For the avoidance of doubt and in addition to the restrictions set forth above, any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Website, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services.
Company reserves the right to immediately terminate any of the Services and the use thereof should you not comply with any of the above rules.
PRECAUTIONS AND LIABILITY.
You understand that all information publicly posted or privately transmitted through the Services is the sole responsibility of the person from which such content originated and that Company will not be liable for any errors or omissions in any content. You understand that Company cannot guarantee the identity of any other users with whom you may interact in the course of using the Services. Additionally, Company cannot guarantee the authenticity of any data which users or merchants may provide about themselves. You acknowledge that all Content accessed by you using the Services is at your own risk, and you will be solely responsible for any damage or loss to any party resulting therefrom. Under no circumstances will Company be liable in any way for any Content or User Content, including, but not limited to, any errors or omissions in any Content or User Content, or any loss or damage of any kind incurred in connection with use of or exposure to any Content posted, emailed, accessed, transmitted, or otherwise made available via the Services.
WAIVER AND INDEMNIFICATION
BY USING ANY OF THE SERVICES, YOU AGREE TO INDEMNIFY AND HOLD COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICES, OR ANY ACTION TAKEN BY COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU ARE BARRED FROM SUING OR RECOVERING ANY DAMAGES FROM COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICES, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF COMPANY’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE (EXCEPT AS EXPRESSLY STATED BY COMPANY) PROVIDED “AS IS” “WHERE-IS” “WITH ALL FAULTS” AND “AS AVAILABLE” FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, EVEN IF ADVISED OF THEIR POSSIBILITY. BECAUSE SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, COMPANY, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ LIABILITY MAY BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ALL CASES EXCEPT THOSE WHERE SUCH A LIMITATION IS NOT ALLOWED BY STATUTORY LIMITATION, COMPANY, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES’ TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE SUM OF THE FEES PAID TO COMPANY BY YOU DURING THE PRECEDING TWELVE MONTHS FOR YOUR USE OF THE SERVICE(S). IF YOU HAVE NOT PAID ANYTHING DURING THE PRECEDING TWELVE MONTHS FOR THE SERVICES, THEN COMPANY’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF ONE DOLLAR ($1.00 US).
COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
COMPANY DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICES WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND COMPANY DISCLAIMS ANY LIABILITY RELATING THERETO.
INFORMATION THAT YOU SUBMIT
REGISTRATION AND SECURITY
As a condition to using some aspects of the Services, you may be required to register with Company and select a password and user name (“User ID”). You shall provide Company with accurate, complete, and updated registration information. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account. You may not (i) select or use as a User ID a name of another person with the intent to impersonate that person; or (ii) use as a User ID a name subject to any rights of a person other than you without appropriate authorization. Company reserves the right to refuse registration of or cancel a User ID in its discretion. You shall be responsible for maintaining the confidentiality of your password. If you access the Service through a third party site or service, you will provide your third party account credentials to Company, and you are consenting to have the information in those accounts transmitted into your Company account, and you agree that you shall only use accounts owned by you, and not by any other person or entity.
The use of some of the Services is currently free of charge; however, the Company reserves the right to introduce a fee for the use of certain aspects of the Services. If Company decides to introduce such a fee, Company shall inform you accordingly and allow you to either continue or terminate the contract. In the event you elect to participate in a paid Service offering, you are responsible for the timely payment of all fees and for providing Company with a valid credit card account for payment of all fees at all times. Any payment made is non-refundable. Company reserves the right to change its prices for any of the paid Services or the Product and to institute new charges at any time, upon notice to you, which may be sent by email or posted on the Website or App.
Company grants to you a limited, royalty-free, non-exclusive, personal and non-transferable, license to install and use the App on a single personal mobile electronic device or smart phone owned or controlled by you solely for your own personal, non-commercial purposes, subject to your compliance with these Terms.
Company’s name, logo, and the product names associated with the Services are trademarks of Company, its affiliated companies or third parties, and no right or license is granted to use them. Any logo, trademark, service mark, domain name, or trade name appearing on or within the Services, (“Marks”), whether registered or not, are the property of Company or their respective owners. You may not use any Marks without the express written permission of Company.
NO RESPONSIBILITY FOR THIRD-PARTY MATERIALS OR WEB WEBSITES
Certain content, products, and services available via the Services may include materials from third parties. In addition, Company may provide links to certain third-party websites. You acknowledge and agree that Company is not responsible for examining or evaluating the content or accuracy of any such third-party material or websites. Company does not warrant or endorse and does not assume and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by you. If you click on an advertiser’s ad, in the event they are provided, and you are taken to a website other than Company’s Website, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the Company presence that you left; (iii) loss of links to return to the Company Website; (iv) possible intrusion to your information through the link to the third party website.
APPLE-SPECIFIC TERMS AND CONDITIONS
In addition to your agreement with the foregoing terms and conditions, you acknowledge and agree to the following provisions with respect to your use of the version of the App that is compatible with the iOS operating system of Apple Inc. (“Apple“). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App, except if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs or expenses with respect to the App, including, without limitation, any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement.
Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to Company. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App StoreSM Terms of Service. In addition, you agree to comply with the terms of any third-party agreement that is applicable to you when using the App, such as your wireless data service agreement. You acknowledge and agree that Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof. Notwithstanding the immediately preceding sentence, Company’s right to enter into, rescind or terminate any variation, waiver or settlement under these Terms is not subject to the consent of any third party.
DMCA COPYRIGHT POLICY
Company has adopted the following policy toward copyright infringement on the Services in accordance with the Digital Millennium Copyright Act (the “DMCA”). The address of Company’s Designated Agent for copyright takedown notices (“Designated Agent“) is listed below.
Reporting Instances of Copyright Infringement:
If you believe that Content residing or accessible on or through the Services infringes a copyright, please send a notice of copyright infringement containing the following information to the Designated Agent at the address below:
1 Identification of the work or material being infringed.
2 Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that Company is capable of finding it and verifying its existence.
3 Contact information for the notifying party (the “Notifying Party”), including name, address, telephone number, and email address.
4 A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent, or law.
5 A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.
6 A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed.
Designated Agent For Notice of Claims of Copyright Infringement:
Company is entitled to terminate the Contract at all times and with immediate effect (by disabling your use of the Services) if you: (a) violate or breach any term of these Terms, or (b) in the opinion of Company, misuse the Services. Company is not obliged to give notice of the termination of the Contract in advance. After termination Company will give notice thereof in accordance with these Terms.
This Agreement is entered into in Missouri, and shall be governed by the laws of the State of Missouri. The exclusive venue for any legal action as to the interpretation or enforcement of this Agreement shall be a court of appropriate jurisdiction located in the state courts of Saint Louis County, Missouri or the federal courts located in Saint Louis, Missouri. The prevailing party in any proceeding to resolve a dispute pertaining to matters covered by this Agreement shall be entitled to receive its reasonable attorney’s fees, expert witness fees and out of pocket costs incurred in connection with such proceeding, in addition to any other relief it may be awarded.
GENERAL COMPLIANCE WITH LAWS
The Services are controlled and operated by Company from its offices in the United States. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Service.
If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. These Terms, together with all policies referred to herein, are the entire Agreement between you and Company relating to the subject matter herein and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Company relating to such subject matter. Company’s failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. Company will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under this Agreement to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment.