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TERMS AND CONDITIONS
Thank you for visiting us. This document (the “Terms”) and the other documents referenced below make up a legally binding agreement (the “Agreement”) between you and DogSense Community.
If you have any questions or concerns about these Terms, please contact us at https://dogsense.community/contact/ or call us at the numbers we provide in on our Website.
1. Accepting These Terms and Conditions
These Terms set out your rights and responsibilities when you use https://dogsense.community (the “Website”), when you use any of the contents or materials on the Website, when you purchase a membership or other services offered by us, or when you otherwise use any of our products and services made available through the Website (collectively, the “Services”).
You are agreeing to these Terms by using any of our Services (even just browsing our Website). And your continued use of the Services means you accept these Terms, as we may revise them from time to time. For that reason, you must review these Terms from time to time for updates and changes. If you are a paid member and we make material changes to these Terms, we will let you know within your membership account or via e-mail or another reasonable method of communicating with you.
In short, if you don’t agree to these Terms, you are not permitted to use our Services (which includes the Website).
2. Our Services
Our Services include the Website, courses, discussion groups, forums, instructions, tutorials, coaching sessions, educational and study materials, and streaming videos. Our Services may also include access to certain software programs that we use or make available to you to assist in providing our Services, such as video software and e-mail relay services (collectively, the “Third Party Services”).
In order to access certain components of the Services, we may, from time to time, require you to agree to additional terms and conditions. In such a case, those additional terms and conditions are supplemental to these Terms. In the event of any conflict between these Terms and such additional terms and conditions, these Terms will govern to the extent of the conflict.
3. Your Privacy
We know that your personal information is important to you. By signing up for a membership or using certain of our Services, we may ask you to provide personal information. By using our Services, you agree that we can use and process your information in the ways set out in this Agreement and our Privacy Policy, which may be viewed here (or, if that link becomes broken, by clicking on our Privacy Policy at the bottom of our Webpage). Your personal information may include (without limitation) your name, address, telephone number, accounting and billing information, user name, password and email data (collectively, “Personal Information”).
We may be required to disclose your Personal Information to satisfy any applicable laws, regulations, legal process or governmental request. You authorize us to cooperate with (1) law enforcement authorities in the investigation of suspected criminal violations, (2) third parties in investigating acts in violation of this Agreement and (3) system administrators at Internet service providers, Third Party Services networks or computing facilities in order to enforce this Agreement. Such cooperation may include providing the username, IP address, Personal Information or other identifying information about you. We will only do so to the minimum extent reasonably required to achieve our objectives, and at all times in accordance with the Privacy Legislation.
4. Third Party Services
The Services may access and grant you access to Third Party Services, contain links or references to third party websites (“Other Sites”), and incorporate information obtained from third parties (“Third Party Information“).
We provide such links and information to you only as a convenience, and the inclusion of any link or Third Party Information does not imply our endorsement. You are responsible for complying with any agreements with or requirements of any third parties that you may have in relation to the Third Party Services and Other Sites.
We do not control the Third Party Services, Other Sites, and Third Party Information. As such, we are not responsible for the contents, usage, limitations, requirements, or performance of any Third Party Services, Other Sites, or Third Party Information. We do not guarantee the continued interoperability of any Third Party Services with our Services.
WE HAVE NO LIABILITY WHATSOEVER TO YOU OR ANY THIRD PARTY CLAIMING BY OR THROUGH YOU, FOR ANY ISSUES RELATING TO THE THIRD PARTY SERVICES, OTHER SITES OR THIRD PARTY INFORMATION.
5. Your Use of the Services
You must provide, maintain, and keep up-to-date, true, accurate, current and complete information about yourself where reasonably required by us, including your Personal Information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate this Agreement and refuse use of our Services (or any portion thereof).
You are responsible for all activities undertaken by using our Services. All such activities are at your own risk.
You will not use, nor permit others to use our Services in any manner or for any purpose inconsistent with this Agreement.
You will not disrupt the functioning of our Services, share your account with others, solicit other users’ passwords, or otherwise act in a way that interferes with other users’ use of our Services. For example, you will not: (a) distribute a virus or other harmful computer code; (b) overburden or impair the Services such as by generating levels of traffic sufficient to impede others’ ability to use the Services; (c) attempt to gain unauthorized access to the Services, through hacking, password mining, phishing or any other means; or (d) publish or distribute information, software or other materials or tools designed to compromise the security of the Services.
You will not obtain or attempt to obtain any materials or information through any means not intentionally made available to you through the Services.
We may establish limits concerning your use of the Services, such as your quantity of usage in a given period of time.
You agree that we have no responsibility or liability whatsoever for the deletion, corruption or failure to store any content maintained or transmitted by or through the Services.
We reserve the right to delete, without notice, accounts that are inactive for an extended period of time.
You will use the Services only for the educational, recreational and informational purposes pursuant to these Terms. By way of example only, you agree that when using the Services, you will not:
(a) Use them in connection with surveys, contests, pyramid schemes, spamming or any unsolicited messages (commercial or otherwise);
(b) Defame, abuse, harass, threaten or otherwise violate the legal rights (including rights of privacy and publicity) of others;
(c) Publish, upload, or distribute any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful material or materials that you do not have a legal right to make available;
(d) Falsify or delete any email headers, author and/or owner attributions, legal or other proper notices (such as copyright and trademark notices) or proprietary designations, in order to disguise the origin of the same or to breach applicable intellectual property laws;
(e) Violate any code of conduct or other guidelines that we may post on the Website or advise you of through the Services (including by way of e-mail or notification on your account);
(f) Collect information about others, without their consent;
(g) Resell any of the Services;
(h) Violate any laws or regulations in your use or access to the Services; or
(h) Impersonate any person or falsely state or otherwise misrepresent your affiliation with any person or create a false identity to mislead others.
We have no obligation to monitor the content or users of the Services. However, we reserve the right to review materials posted to or sent through the Services and, in our sole discretion, we may remove any materials without notice to you and for any reason we choose, in our sole discretion.
6. Use of the Services by Others
You will keep your password(s) confidential and immediately notify us of any unauthorized use of your password or account.
The Services are not intended for use by minors (i.e., persons under the age of majority). If you, as a legal guardian, wish to allow a minor to use the Services, you acknowledge and agree that such minor has your express permission to access the Services. In such a case, you are responsible for determining whether use of the Services are appropriate for such minor and you assume all risks for such minor’s actions resulting from their use of the Services, including injury, death, or property damage.
7. Use of the Services outside the United States
If you choose to access the Services from locations other than the United States, you are responsible for compliance with all applicable local use controls, laws and regulations, including those relating to the transmission of data exported from or imported to the United States or the country in which you reside. We make no representation that the Services are appropriate or available for use in locations outside the United States.
8. Limitations of Liability
The Website and the Services are provided “as is”, “with all faults” and “as available” and at your sole risk, without representation or warranty of any kind.
We make no warranty or representation that the Services will be available, uninterrupted, timely, secure, virus or error-free.
We shall have no liability to you of any kind with respect to any service provided by any third party through or in conjunction with Services.
We are not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property and privacy rights.
TO THE FULLEST EXTENT PERMITTED BY LAW, NEITHER WE, NOR OUR EMPLOYEES OR DIRECTORS SHALL BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES (INCLUDING LOST BUSINESS OR REVENUES, LOSS OF THE USE OF THE SERVICES, LOSS OF DATA, REPLACEMENT SERVICES, DOWNTIME COSTS OR THE CLAIMS OF ANY THIRD PARTIES FOR SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES OR THESE TERMS. IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY DAMAGES EXCEED THE GREATER OF ONE HUNDRED ($100) DOLLARS OR THE AMOUNT YOU PAID TO US IN THE PAST TWELVE MONTHS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES MAY INCLUDE INSTRUCTIONS, COACHING, CLASSES AND GUIDANCE ON ACTIVITIES THAT MAY INVOLVE RISK OF INJURY, DEATH OR PROPERTY DAMAGE TO YOU OR TO OTHERS. YOU VOLUNTARILY ASSUME ALL SUCH RISK AND FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS, DANGERS AND HAZARDS AND THE POSSIBILITY OF PERSONAL INJURY, DEATH, PROPERTY DAMAGE AND LOSS RESULTING THEREFROM. YOU WAIVE ANY AND ALL CLAIMS THAT YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST US AND OUR AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, VOLUNTEERS, CONTRACTORS, SPONSORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASEES”), AND RELEASE THE RELEASEES FROM ANY AND ALL LIABILITY FOR ANY LOSS, DAMAGE, EXPENSE (INCLUDING LAWYERS’ FEES AND DISBURSEMENTS) OR INJURY INCLUDING DEATH THAT YOU MAY SUFFER RESULTING FROM ANY ACTIVITIES YOU PARTAKE IN BASED ON YOUR USE OF THE WEBSITE AND THE SERVICES, DUE TO ANY CAUSE WHATSOEVER.
9. Indemnification
You agree to defend, indemnify, and hold us (including our employees, owners, directors, and affiliated companies) harmless from and against any and all claims, damages, losses, or expenses (including reasonable lawyers’ fees and costs) incurred by us in connection with any claims, suits, judgments and causes of action that arises from: (a) your actions; (b) your use (or misuse) of our Services (c) your breach of these Terms or our Agreement; and (d) your account’s infringement of someone else’s rights. This includes any injury, death or property damage to you or to others arising from your acts in connection with your use of the Services. Further, if you authorize use of the Services to any minor (if permitted under this Agreement), you indemnify us of, from, and against any claims by such minors against us on the same terms as contained in this section.
10. Intellectual Property Rights
All intellectual property in the Services (including the Website and all contents posted on, or made available through the Website) or made available or disclosed to you in the provision of the Services are and shall remain our sole and exclusive property and except as set out herein, no right, title, or interest is granted in any of our intellectual property to you.
Further, we will own all rights, title and interest, including all intellectual property rights, in and to any improvements to the Services or any new programs, upgrades, modifications or enhancements thereto, even when such refinements and improvements result from your requests or comments.
We grant you a limited, non-exclusive, non-transferable, and revocable license to use our Services, subject to these Terms.
You may not print, copy, decompile, disassemble, reverse engineer, reproduce, distribute, modify or in any other manner duplicate any of the Services or other materials made available to you as part of the Services, in whole or in part, without our prior written consent, at our sole discretion.
You agree not to “crawl,” “scrape,” or “spider” any page of the Services or to reverse engineer or attempt to obtain the source code of the Services.
11. Term and Termination
This Agreement begins on the earlier of: (a) the date you commence using the Services (including your first use of the Website); and (b) when you are accepted as a member, and ends upon the earlier of: (a) the expiration of your membership with us; and (b) termination of this Agreement by you or by us as permitted in this Agreement. If you continue to use the Services (such as the free components of the Website) after termination, this Agreement will continue to apply to you until you no longer use any of the Services.
We reserve the right to discontinue, modify, temporarily suspend, or terminate your access to, the Services at any time, without notice, for any reason whatsoever. In such a case, in the event you have prepaid fees, unless our termination is based on a breach or reasonably suspected breach by you of these Terms, we will refund you the unused portion of your prepaid fees, which shall be your sole remedy against us.
Upon termination of any account you may have with us, you authorize us to delete any materials, files, programs, data, Personal Information, and email messages, if any, associated with such account.
12. Notice
Except as otherwise provided in this Agreement, all notices or other communications hereunder shall be deemed to have been duly given when made in writing and delivered in person, by courier or by mail and addressed to: (1) you, at the billing address supplied to us by you; or (2) us, at the following address, or such other address as we may advise from time to time:
DogSense Community
3329 Fosca Street
Carlsbad, CA 92009
In the alternative, we reserve the right to provide notice to you by e-mail.
13. Force Majeure
Neither party shall be deemed in default of this Agreement for failure to fulfill its obligations when due to causes beyond its reasonable control. This provision shall not be construed as excusing non-performance of any obligation by either Party to make payment to the other Party under this Agreement.
14. Dispute Resolution
Any disagreement or dispute arising out of or relating to this Agreement, or the breach or alleged breach thereof which the parties to this Agreement are unable to resolve after good faith negotiations lasting no more than thirty (30) consecutive days within any calendar year, shall be settled by final and binding arbitration to be conducted in San Diego, California USA in accordance with the California Arbitration Act, as amended. Arbitration will be handled by a sole arbitrator in accordance with the Arbitration Act. Judgment upon the award rendered by the arbitrator may be entered in any Court having jurisdiction thereof. The Parties specifically agree that, in the event that there is a dispute under this Agreement and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial.
15. General Provisions
The terms contained in this Agreement that by their sense and context are intended to survive the termination or expiration of this Agreement, shall so survive and remain in full force and effect, notwithstanding termination or expiration of this Agreement. This includes sections 8, 9 and 10.
This Agreement is to be construed under the laws of the State of California USA. The parties to this Agreement irrevocably consents and attorns to the jurisdiction of the courts located in the San Diego County, California. The Parties expressly agree that neither the United Nations Convention on Contracts for the International Sale of Goods nor the Uniform Computer Information Transactions Act shall apply to this Agreement.
Except as otherwise specifically stated in this Agreement, the provisions herein are for the benefit of the parties and not for any other person or entity. No joint venture, partnership, employment, or agency relationship exists between you and us as a result of this Agreement.
Waiver by either Party of any default by the other Party shall not be deemed a continuing waiver of such default or a waiver of any other default.
We may assign this Agreement without notice to you. You will not assign this Agreement without our prior written consent, at our sole discretion.
We may perform all obligations to be performed under this Agreement directly or may have some or all obligations performed by subcontractors.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and us with respect to the Services.
It is the express will of the parties that this Agreement and all related documents have been drawn up in English.
This Agreement will inure to the benefits of the respective Parties’ respective successors, heir and assigns.
PRIVACY POLICY
DogSense Community, recognizes that your privacy is important, and we take it seriously. This Privacy Policy (the “Privacy Policy”) describes the type of information DogSense Community. (“DSC”, “we” or “us”) collects from you, or from subscribers (“you” or your”) to DSC’s software applications, including the enhancements, features, contents and related website (https://dogsense.community); and all other webpages owned, operated, or branded by or as DSC’s URLs, domain names, and webpage (the “Services”). It also describes how we collect, process and disclose your data through your use of our Services, including any data you may provide through this website when you sign up for our newsletter, fill out a form, or purchase any products or services from us or our affiliates or standard partners.
SECTION 1 – INFORMATION WE COLLECT
When you use the Services, DSC may collect three types of information:
1. Personal Data
Personal data is any information directly or indirectly relating to an identified or identifiable individual, such as a name, an identification number, location data, an online identifier or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that individual.
2. Aggregate Information
Aggregate Information is information about your activities on or in connection with the Services that typically cannot be used to identify, locate, or contact you. For example, Aggregate Information includes information regarding the frequency of use of the Services, quantity and type of data entered when using the Services, components of the Services most frequently accessed, and browser types used to access the Services.
3. Cookies, etc.
Cookies, beacons, device identifiers, or similar technologies (referred to for convenience as “Cookies”) are small pieces of data placed on your device that your web browser or device uses to access the Services and that permit DSC to track your activity on the Services. We obtain information from Cookies when, for example, you visit DSC’s website. You may turn off cookies in your browser or device settings, but this may limit functionality of the Services. Cookies help analyze usage and provide certain functionality. Cookies don’t contain Personal Data and for that reason, we treat Cookies in the same manner as we treat Aggregate Information. If Cookies do contain Personal Data, such Personal Data will only be used or disclosed in the same manner as other Personal Data pursuant to this Privacy Policy. Cookies cannot be used as a malicious tool.
SECTION 2 – COLLECTING PERSONAL DATA
DSC collects Personal Data when:
(1) you sign up for the Services
(2) you use certain features of the Services that require the collection of Personal Data in order for those features to function
(3) you voluntarily enter or upload Personal Data to or through the Services
(4) you communicate with us, whether through the Services or through another form of communication, such as e-mail or telephone.
SECTION 3 – WHAT DO WE DO WITH YOUR INFORMATION?
We use Personal Data we collect:
(1) to provide the Services
(2) to improve the features and functionality of the Services
(3) to communicate with you in response to any of your questions and requests
(4) to provide relevant marketing and other information to you, but only if, and to the extent that, you have consented to us providing such marketing and other information to you in accordance with applicable laws. In such a case, we will provide an easy link to permit you to “opt-out” of receiving future marketing communications
In rare cases, we may be required to share certain information with legal authorities. In such a case, we will provide only the minimum amount of information required and, unless prohibited by law, we will notify you of the Personal Data we have provided.
When you browse our Services, we also automatically collect Cookies. Cookies make using DSC’s website easier by, among other things, saving your passwords and preferences for you. Most browsers are initially set up to accept cookies. If you choose to disable your cookies setting or refuse to accept a cookie, some parts of our website may not function properly or may be considerably slower.
SECTION 4 – SECURITY AND DATA PROTECTION
We take reasonable precautions and follow industry best practices to make sure your Personal Data is processed in a manner that ensures appropriate security of the Personal Data including protection against unauthorised or unlawful processing and against accidental loss, destruction or damage, using appropriate technical or organisational measures.
We restrict access to Personal Data to our employees, service providers and agents who need to know such information in order to operate, develop or improve the Services. These individuals are bound by confidentiality obligations and are required to treat such Personal Data confidentially and in accordance with this Privacy Policy.
SECTION 5 – HOW DO WE OBTAIN YOUR CONSENT?
By using our Services you are expressly consenting to our collecting Personal Data and using it for the purposes as set out in this Privacy Policy.
If we ask for your Personal Data for reasons such as marketing, we will ask you for your consent. If, after you opt-in to using our website and provide us with certain Personal Data, you change your mind, you may withdraw your consent at any time, by emailing our privacy officer at [email protected] or mailing us at: DogSense Community, 3329 Fosca Street, Carlsbad, CA 92009
SECTION 6 – WHAT DO WE DISCLOSE?
In general, any third-party providers used by us will only collect, use and disclose your information to the extent necessary to allow them to perform the services they provide to us.
For example, the Services may utilize mail relays, payment processers and hosting providers. A list of third party service providers used by DSC is available to you upon your request. These third party service providers are not authorized to retain, share, store or use Personal Data for any purposes other than to provide the services for which they have been retained to provide.
We may share Aggregate Information with affiliates and certain third parties, such as third party service providers we use to provide the Services. Aggregate Information is anonymized and does not have the capacity to be used to identify an individual.
For example, our store is hosted on WPEngine (WPEngine Inc). WPEngine provide us with the online e-commerce platform that allows us to sell our products and services to you. Your data is stored through WPEngine data storage, databases and the general WPEngine application. We take reasonable precautions to ensure that WPEngine treates your data and Personal Data in a sensitive manner and in a way that is consistent with this Privacy Policy. WPEngine stores your data on a secure server behind a firewall.
You can find out more about how WPEngine handles your data and Personal Data by reading WPEngine Terms of Service here (https://wpengine.com/legal/terms-of-service/) and Privacy Statement here (https://wpengine.com/legal/privacy/).
Certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information you provide to them for your purchase-related transactions. We are not responsible for their use and disclosure of your Personal Data. For these providers, we recommend that you read their respective privacy policies so you can understand the manner in which your Personal Data may be handled by these providers. In particular, remember that certain providers may be located in, or have facilities that are located in, a different jurisdiction. So, if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which they are located.
We do not sell or otherwise disseminate your Personal Data to third parties, except as set out in this Privacy Policy.
SECTION 7 – PAYMENT
We currently use Braintree and Paypal as our payment gateways. If you choose a direct payment gateway to complete your purchase, then our payment gateways store your credit card data. Your purchase transaction data is stored only as long as is necessary to complete your purchase transaction.
All direct payment gateways adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, which is a joint effort such brands as Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our store and our service providers.
SECTION 8 – LINKS
When you click on links in our on-line store or through our website, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their respective privacy policies. You may also be re-directed to our Facebook page or to our other websites.
SECTION 9 – CHILDREN AND AGE OF CONSENT
By using our website, you represent that you are at least the age of majority in your jurisdiction of residence (and, in any case, you are at least 18 years old), or that you are the age of majority in your jurisdiction of residence and you have given us your consent to allow any of your minor dependents to use this website.
We don’t knowingly collect or solicit Personal Data from anyone under the age of 18 or knowingly allow such persons to register. If we become aware that we have collected Personal Data from a child under the relevant age without parental consent, we take steps to delete that information.
SECTION 10 – DATA CONTROLLER AND GDPR
DSC is a data controller for your Personal Data. This means that DSC collects Personal Data in accordance with this Privacy Policy. DSC takes reasonable steps to ensure that Personal Data we collect is accurate, complete, and current.
Effective May 25th, 2018, individuals located in certain regions, such as the European Economic Area, have certain rights in relation to their Personal Data, as outlined in Regulation (EU) 2016/679 (General Data Protection Regulation, commonly referred to as “GDPR”). To the extent DSC has access to, or processes Personal Data for individuals who are subject to the GDPR, DSC will adhere to the requirements of the GDPR.
DSC may transfer your Personal Data to countries other than the one in which You live.
You have the right to access your Personal Data and require DSC to update, delete or correct this information. The Services permit you to update this information directly. We will take all reasonable steps to update or correct Personal Data in DSC’s possession.
SECTION 11 – CHANGES TO THIS PRIVACY POLICY
We reserve the right to modify, change or replace this Privacy Policy at any time for any reason without notice to you, so please take the time to review it frequently. Changes and clarifications will take effect immediately upon their posting on our website. If we make material changes to this Policy, we will notify you here that it has been updated, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we use and/or disclose such information.
If our store and/or company is acquired or merged with another company, your information may be transferred to the new owners so that they may continue to sell products to you.
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend or delete any Personal Data we have about you; register a complaint, or simply want more information, contact our Privacy Compliance Officer at [email protected] or by mail at:
[3329 Fosca Street, Carlsbad, CA 92009]