The following Terms of Use (“Agreement”) by the company Dog Nerd Club ("DNC") governs the use of the www.dognerdclub.com (“Website”) and any resources (“links”) or dog groomers, veterinarians, dog trainers, pet sitters, dog walkers, pet specialists ("pet professionals") listed through the Website. By accessing the Website, you the end use of the Website (“You”) agree to be bound by and comply with the Terms and Conditions of this Agreement, which constitutes a valid and binding legal contract between Dog Nerd Club and You. If, at any time, You choose not to accept the terms and conditions of this Agreement, You do not have permission to access or use the Websites in any manner and, you should exit the Website immediately.

 

Dog Nerd Club makes no representations or guarantees that the information, content or other materials on the Website are accurate. DNC asks it’s members and users who submit content to declare that the content is accurate. DNC does not verify the accuracy of all information submitted by its members and users and relies on notifications from other sources and DNC's screening and accredatition system to ensure company compliance. All content on the Website is provided solely to assist users in exercising better judgement when choosing a pet professional. You acknowledge and agree that your access and use of all content made available on the Website is at your own risk.

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USER COMMITMENT You are at least eighteen (18) years of age or the legal age of majority in your jurisdiction (whichever is greater) and will, provide true, accurate, current, and complete information (which you have all necessary rights, permission(s), or authority to provide) when submitting information to the Website. You are responsible to comply with all applicable laws, rules, and regulations with respect to your use of the Website. If You access the Website on behalf of any organization, your organization shall be bound to this Agreement and be liable for any breach by You. You agree to represent that You have all the rights, power, and authority to agree to this Agreement on behalf of Your organization. Users under the age of 13 are not permitted to use the Website.

 

LICENCE GRANT DNC hereby grants You a personal, revocable, limited, non-exclusive, non-sublicensable, and non-transferable license to use and access the Website solely for your direct use and not for sale, republication, or aggregation, conditioned on your continued compliance with all provisions of this Agreement (including without limitation to any external terms and documentation linked or referenced herein). When using the Webite under the foregoing license, you shall not directly or indirectly (a) use the Website to create, supplement, or compile data for any service, website, application, or documentation that performs substantially the same functionality as the Website, (b) use the Website in any way for the benefit of any third party, (c) adapt, combine, create derivative works of or otherwise modify the Website, (d) disable, circumvent, or otherwise avoid or undermine any security device, mechanism, protocol, or procedure implemented in the Webite, (f) use or access the Website for any unlawful, fraudulent, deceptive, tortious, malicious, or otherwise harmful or injurious purpose, (e) remove, obscure, deface, or alter any proprietary rights notices on any element of the Website or accompanying documentation, or (f) use the Website in any manner which could damage, disable, overburden, or impair the Website or interfere with any third party’s authorized use of the Website.
 

WEB LINKS Third parties may link to our home page, publications, and/ or to other website information so long as the link:

• Is not in any way misleading;

• Does not falsely imply sponsorship, endorsement or approval of the linking party and its products, services or membership;

• Appears without the use of any confusingly similar logo or border around the content;

• Correctly uses the name “Dog Nerd Club”, or “DNC”

• Uses the uniform resource locator ("URL") being linked to any material that makes sense within the context and format of content on the linking party’s site; and

• Does not reflect unfavourably on DNC

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USER CONTENT, INFORMATION & SECURITY  You may be required to register an account to use certain features of the Website. Each registration is for a single user only. Registration for access to and use of the Website may also require access to credentials, such as a username and a password, or adherence to other access requirements as designated by DNC in its sole discretion from time to time. You hereby agree to treat your access credentials as confidential and not to disclose such information to any third party without the prior express written consent of DNC, which may be withheld in its sole discretion. You must immediately notify DNC if you suspect or become aware of any loss, theft, or unauthorized use of your login credentials. DNC will not be liable for any loss or damage arising from your failure (whether intentional or unintentional) to comply with these obligations. By submitting the requested information to the registration form on the Website, you represent and warrant that the information you submit for registration is complete, true, accurate, and current in all respects. You must maintain and promptly update your submitted account information to ensure that such information is complete, true, accurate, and current. DNC reserves the right to suspend, terminate, or otherwise discontinue your account and/or pending registration if DNC has reasonable grounds to suspect that any information you have submitted is untrue, inaccurate, not current, or incomplete, or that Your registration, account, or use of the Website is in violation of applicable law or this Agreement.

 

Certain features of the Website may permit you to upload or submit User Content. “User Content” includes but is not limited to, any text, images, photos, audio, video, location data, ratings, reviews, complaints, compilations, messages or information that is publicly displayed by you. DNC asks users who submit User Content to declare that any information in the content is accurate, however DNC does not verify the accuracy of the information submitted by users.

 

By submitting User Content to any part of the Website, you represent and authorize that:​

• You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;

• All User Content that you post is accurate, complete, and true in all respects;

• Your use and submission of the User Content does not violate this Agreement and will not cause injury to any person or entity;

• You are the sole author and owner of any intellectual property protected User Content you submit;

• You are at least 18 years old or the legal age of majority in your jurisdiction, whichever is greater;

• You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and

• You will indemnify, defend and hold harmless DNC, its officers, directors, employees and agents from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content.

 

You further agree and authorize that you will not:

• Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, discriminatory, or otherwise objectionable;

• Submit any User Content that contains software viruses, malware, or any other computer code, files, scripts, tools, or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;

• Submit any User Content that infringes, misappropriates, or otherwise violates any patent, trademark, trade secret, copyright or other proprietary rights of any party;

• Submit any User Content that is false, fraudulent, or misleading;

• Submit any Customer Review through a service that collects reviews and:

  1. discourages negative reviews

  2. imposes any process on negative reviews that prevents or delays their submission, or

  3. in any other way provides an inappropriate advantage to positive reviews

• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

• Invade another’s privacy in any way, including posting another’s personal details without their prior permission;

• Manipulate identifiers in order to disguise the origin of any User Content submitted;

• Act in a manner that affects other users’ ability to engage in real time exchanges; or

• Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.

 

These Terms of Use also incorporate additional terms governing submission of complaints in the DNC Submission Terms. You acknowledge that DNC has the right in its sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement.

By submitting User Content to the Website you hereby grant DNC a royalty-free, perpetual, irrevocable, fully transferable, freely sublicensable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum, for any purpose in its discretion. You acknowledge that you do not possess or reserve any right of attribution, credit, acknowledgement, or prior approval in connection with DNC’s use of User Content. You further acknowledge that you are not entitled to (and will receive no) compensation for any User Content, and hereby expressly, willingly, and knowingly waive any right to enforce any intellectual property or proprietary right against DNC as a result of or on the basis of its licensed use of any User Content. DNC shall not be subject to any obligations of confidentiality regarding User Content except as otherwise expressly agreed by DNC in a separate written agreement, or as otherwise expressly required by applicable law.

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YOUR DATA You understand, acknowledge, and agree that the operation of certain features of the Website may require or involve the submission, use, and dissemination of various items of personally identifiable information, including without limitation personal contact information. You agree and are aware the DNC collects any submitted information by You, this may include payment details. Please refer to our privacy policy for more details.  DNC will not be liable for any loss or damage arising from any breeches of submitted information however DNC strives to provide security for all it’s users.

 

INTELLECTUAL PROPERTY DNC retains all right, title and interest, including all intellectual property rights, in and to the information and content on the  Website, including, without limitation, any text, graphics, logos, icons, images, and audio clips (“DNC Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by DNC other than those limited license rights specifically and expressly granted herein, and nothing in this Agreement shall be construed as any grant of right or permission to use or display DNC’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”) for any purpose.

 

You have no rights to such DNC Content or Trademarks and you will not use any DNC Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with the DNC Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display DNC’s Trademarks in any manner without DNC’s prior written consent. Unless we specifically consent in writing, DNC’s Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits DNC.

Unless otherwise specifically set forth on the Website or unless written consent is provided, you may only use and access, download and copy the DNC Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the DNC Content. 

 

THIRD-PARTY MATERIALS Certain services, features, or components made available via the Website are delivered by third-party providers. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that DNC may share information and data that you submit or upload to the links with the applicable third-party provider as may be required to enable and facilitate the requested third-party product, service, or functionality.

DNC expressly disclaims responsibility and liability for any third-party materials, programs, applications, tools, products, and services set forth, described on, or accessed through the sites, and you agree that DNC shall not be responsible for any loss or damage incurred as a result of any dealings between you and a third party.

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NOTIFICATION OF INFRINGING COPYRIGHT-PROTECTED CONTENT Material may be made available on the Website by third parties not within our control. We strive to audit the accuracy of the material but understand there is always room for improvement. We are under no obligation to, and do not, scan material used in connection with the Website for the inclusion of illegal or impermissible Content. However, we respect the copyright interests of others. It is our policy not to permit material known by us to infringe upon another party's copyright to remain on the Website. 

 

To notify DNC of alleged copyright or trademark infringement, you shall provide us with written notice that at a minimum contains:

• A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;

• Information reasonably sufficient to permit DNC to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

• Identification of the copyrighted work that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit BBB to locate the material; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Please submit this information to our email address dognerdclub@gmail.com
 

LIMITATION OF LIABILITY Under no circumstances shall DNC be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the  website or the information contained in the website; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to the website, even if advised of the possibility of such damages.

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DISCLAIMER DNC does not warrant or guarantee the accuracy, adequacy, timeliness, reliability, completeness, or usefulness of the website and disclaims any liability for errors or omissions in the website. The website is provided "as-is" without any warranty, either express or implied. DNC disclaims all warranties, including, but not limited to, any implied warranties of non-infringement, title, merchantability or fitness for a particular purpose, or any warranty that the website is free of viruses or other harmful components. DNC does not warrant that the website is error-free, or that the website will operate according to your expectations or requirements. In the event that any applicable law does not permit the disclaimer or exclusion of any of the foregoing warranties, said warranties shall be considered excluded and disclaimed to the maximum extent permitted under applicable law. Any material downloaded or otherwise obtained through the website is acquired at your own discretion and risk and you will be solely responsible for any damage to your own computer system or loss of data that results from the download of any such material.

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INDEMNIFICATION You agree to indemnify and hold harmless DNC and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the “DNC Parties") from and against any and all claims, losses, expenses, demands or liabilities, including attorneys' fees and costs, incurred by the DNC Parties in connection with any claim by a third party (including any intellectual property infringement claim) arising out of (i) your use of the Website and any material you access using the Website or by any other means; (ii) a third party's use of such material that you access using the Website and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. DNC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant DNC Parties.

 

TERM, TERMINATION, & SUSPENSION This Agreement takes effect (or re-takes effect) at the moment you first access or use the Website. This Agreement terminates automatically if You fail to comply with any provision hereof, subject to the survival rights of certain provisions identified below. You may also terminate this Agreement at any time by ceasing to use the Website, but each re-access or renewed use of the Website will reapply the Agreement to you. Upon termination or expiration of the Website for any reason, all licenses granted by DNC hereunder shall immediately terminate, and you must immediately cease all use of the Website. The provisions of this Agreement concerning DNC’s proprietary rights, the licenses and permissions to User Content, disclaimers of warranty, limitations of liability, waiver and severability, indemnification rights, injunctive relief, and choice of law will survive the termination of this Agreement for any reason.

DNC reserves the right at any time and on any grounds, including without limitation any reasonable belief of fraudulent or unlawful activity, to deny or suspend your access to the Website or to any portion thereof in order to protect its name and goodwill, its business, the security and stability of the Website, and/or the rights of others. DNC may immediately suspend access to the Website and remove and discard any User Content you submitted to the Sites for any reason if DNC believes you have violated or acted inconsistently with the terms of this Agreement. DNC will not be liable to you or any third-party for termination of your access to the Website.

 

RELATIONSHIP Your use of the Website does not create, and nothing contained in this Agreement will be deemed to establish, an employment, agency, franchise, joint venture or partnership relationship between you and DNC. Use of the Website does not provide you with the authority to enter into any agreements for or on behalf of DNC. Moreover, use of the Website does not grant you the authority, either express or implied, to incur obligations or liability on behalf of DNC. By using the Website, you agree that no attempts to subject DNC to any such obligations or liability will be made.

 

WAIVER Failure by DNC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.

 

CHOICE OF LAW AND DISPUTE RESOLUTION This Agreement and all other aspects of your use of the Website shall be governed by and construed in accordance with the laws of the British Columbia, Canada, without regard to its conflict of laws rules. You agree that you will notify DNC in writing of any claim or dispute concerning or relating to your use of the Website and give DNC a reasonable period of time to address it before bringing any legal action, either individually or as a class member against DNC. You agree to submit to the personal jurisdiction of the provincial and federal courts located in the City and County of Victoria, Canada.

 

ANY ADDITIONAL TERMS Certain sections or pages on the Website (including without limitation embedded features or tools supplied by third parties) may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.

 

SEVERABILITY If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.

 

MODIFICATION DNC reserves the right to modify this Agreement at any time, with or without notice to you, by posting an updated version of this Agreement to the Website. Thus, you should check the Agreement periodically for changes. You agree that DNC will not be liable to you or any third party for any modifications to the Agreement.

 

EFFECT This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.

 

ELECTRONIC COMMUNICATIONS DNC may send emails or other electronic messages to you concerning your use of the Website, including without limitation by providing alerts or notifications within the Website. You consent to receive such electronic communications and you agree that all such electronic communications constitute valid legal notices satisfying any requirement that such notices be in writing.