Terms & Conditions of Use

Terms & Conditions of Use

Dogtrekker.com, its related webpages, and/or any application (“app”) or software programs owned or operated by the Company (collectively, the “Site”) are provided by DOGTREKKER, INC., a California corporation (the “Company”). The Site has been made available to you subject to your compliance with the terms and conditions set forth herein (the “Terms of Use”). Please read this document carefully before accessing or using the Site. By accessing or using this Site, you agree that you have read, understand, and consent to the following Terms of Use and our Privacy Policy, in their entirety, including any updates that may be posted on the Site from time to time. If you do not wish to be bound by the Terms of Use, do not access or use the Site.
 
1. Minimum Age Requirement. 
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Persons under the age of 18 are not permitted to use the Site.
 
2. Modification of these Terms of Use 
The Company reserves the right to change these Terms of Use at any time, and such modifications shall be effective immediately upon posting of such changes on the Site’s home page, or by providing such other notice as we deem appropriate. You are therefore responsible for regularly reviewing these Terms of Use and any additional terms or notices posted on the Site. Your continued access of the Site shall be deemed your conclusive acceptance of any modified agreement.
 
3. Electronic Communications 

When you visit the Site or send e-mails to us, you are communicating with us electronically, and thereby you are consenting to receive communications from us electronically or by other means available. We will communicate with you electronically, by telephone, or by facsimile. It is further understood that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.
 
4. Copyright, Trademarks, and Licenses 
                (a) Copyrights
It is hereby understood and agreed that, except as expressly provided in these Terms of Use, all content included in or made available through the Site (including but not limited to: text, graphics, logos, button icons, flash movies, images, audio clips, digital downloads, data compilations, and software) is the property of the Company or its content suppliers and is protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of the Company and protected by U.S. and international copyright law. Except as expressly provided herein below, you do not acquire any rights, title, or interest in any Site copyrights or related rights.
 
                (b) Trademarks
It is hereby understood and agreed that, except as expressly provided in these Terms of Use, graphics, logos, page headers, button icons, scripts, and service names included in or made available through the Site are trademarks or trade dress of the Company. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license or right to use any trademark displayed on the Site without the Company’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited in the U.S. and other countries. Such trademarks and trade dress may not be used in connection with any product or service that is not the Company’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits the Site. All other trademarks not owned by the Site that appear on the Site web page are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
 
                (c) Intellectual Property Licenses
Subject to your payment of any applicable fees, the Company grants you a limited, revocable, non-exclusive, non-transferable license to personal use of the Site, solely in object code format as to any software and on the express condition that you accept and comply with each provision of these Terms of Use. We do not transfer title to the Site to you. This license does not include any resale or commercial use of the Site. You agree that: (i) you will not copy (other than to print for personal, non-commercial use), distribute, or make derivative works of the Site in any medium without our prior written consent; (ii) you will not alter or modify any part of the Site other than as may be reasonably necessary to use the Site for its intended purposes; (iii) you will not reverse engineer, decompile, disassemble, or try to access any of the Site’s software source code; and (iv) you will otherwise act in accordance with the Terms of Use and in accordance with all applicable local, state, and federal laws. When the Site requires or includes downloadable software, such software may be offered under a separate license, and there may be provisions in that license that expressly override some of these terms.
 
Subject to your payment of any applicable fees and adherence to each provision of these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to print and/or download portions of the Site solely for your own personal, non-commercial use, provided that you agree not to change or delete any proprietary notices or intellectual property notices (such as copyright ©, trademark™ or ®) from said portions.
 
We reserve all rights not expressly granted to you under these Terms of Use. We may modify or discontinue any feature or functionality of the Site, or suspend or terminate the Site altogether, at any time and for any reason.
 
5. Privacy 
Please review our Privacy Policy, which also governs your use of the Site, to understand our practices regarding the collection and use of information and data protection. The Privacy Policy is explicitly incorporated into these Terms of Use. You agree to hold us harmless from any claims arising from our disclosure of your personal information or identity made in accordance with these Terms of Use and the Privacy Policy.
 
6. Users’ Submissions 
We welcome your comments and feedback regarding our Site, our products, and our services. We do not, however, accept confidential or proprietary information. Accordingly, your posting files or other content to the Site, by electronic mail, or otherwise (to “post” means to post, submit, or transmit to, through, or in connection with the Site) including, but not limited to, any data, resumes, e-mail, flash movies, images, logos, audio loops, other software, questions or answers, comments, suggestions, or similar works of authorship (separately and collectively: “Submissions”) will be treated as non-confidential and non-proprietary by the Company. By posting any Submissions to the Site, you automatically grant the Company a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license, to be exercised by us at our sole and absolute discretion throughout the universe on or through any media and using any technologies, whether now known or later devised, to use, reproduce, modify, publish, edit, translate, distribute, retransmit, broadcast, publicly perform, and publicly display any such Submissions, and to create derivative works thereof. Any Submissions you post to the Site may be used by the Company and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing, and marketing products using such information. Additionally, you hereby grant the Company the right to utilize your name in connection with all advertising, marketing, and promotional materials related to your Submissions.
 
                (a) Assumption of Risk
You alone are responsible for Submissions you post. You assume all risks associated with said Submissions, including (i) anyone's reliance on its quality, accuracy, reliability, or intellectual property status, and (ii) any disclosure in said Submissions of information that makes you personally identifiable. The Company makes no representation or warranty as to the quality, accuracy, reliability, or intellectual property status of any Submissions. Under no circumstances will we be responsible for any loss or damage arising from Submissions. Posting any Submissions in violation of any municipal, state, federal, foreign or other applicable regulation or law is prohibited.
              
                (b) Restrictions on Submissions
You agree not to post any Submissions to the Site that: (1) violate any applicable law or regulation; (2) are defamatory or trade libelous; (3) are incorrect, not truthful, threatening, harassing, stalking, vulgar, obscene, pornographic, profane, racially, ethnically or sexually discriminatory in any way, or that otherwise violates any right of another; (4) encourage any conduct prohibited by these Terms of Use; (5) restrict or inhibit any other user from using the Site; (6) impersonate any person or entity, or directly or indirectly attempt to gain unauthorized access to any portion of the Site or any computer, software, or data of any person, organization or entity that uses or accesses the Site; (7) provide or create links to external sites that violate the Terms of Use; (8) are intended to harm, exploit, solicit, or collect personally identifiable information of any individual under the age of 18 in any way; (9) invade anyone’s privacy by attempting to harvest, collect, store, or publish private or personally identifiable information without their knowledge and willing consent or distributes or contains viruses or any other technologies that may harm the Site or any of its users; (10) are copyrighted, protected by trade secret, or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from the rightful owner to Post the material and to grant us all of the license rights granted herein; (11) contains or promotes an illegal or unauthorized copy of another person’s copyrighted work; (12) knowingly or negligently post any Submissions that contains viruses or other computer programming defects; (13) directly or indirectly use the Site for chain letters, junk mail, spamming, or any use of distribution lists to any person who has not given specific permission to be included in such a process ("spam" or "spamming" means any attempt to use a mailing list for the purpose of sending to a person or persons an unsolicited message, including any advertisements); (14) promote a business or other commercial venture or event, sell or commercially use any Submissions, or otherwise use the Site for commercial purposes, except as expressly permitted by us; or (15) collect, aggregate, copy, harvest, duplicate, display, or make derivative use of the Site, or use data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by us in writing. Notwithstanding the foregoing, we grant the operators of web search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available searchable indices of the materials. We reserve the right to revoke these exceptions in specific cases.
 
                (c) DMCA Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating and barring, in appropriate circumstances and at the Company's sole discretion, Site users who are deemed to be repeat infringers of others’ copyright(s). The Company may also, at its sole and absolute discretion, limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. The Company reserves the right to terminate your access to, and use of, the Site if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of the Company or any third party, or for any other reason, with or without notice to you.

7. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, please send the following information to our Copyright Agent identified below:

  1. A description of the copyrighted work that you claim has been infringed;
  2. A description of where the allegedly infringed material is located on the Site;
  3. A written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
  4. Your address, telephone number, and email address so that we can contact you;
  5. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  6. A statement by you, made under penalty of perjury, that the information in your report is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. A statement by you comprised of the foregoing points is referred to herein as the “Notice.”
Our designated Copyright Agent to receive Notice of claimed infringement is:

DOGTREKKER, INC.
Attn: Copyright Agent
DogTrekker.com
#7 Mt. Lassen Drive, Ste. A251
San Rafael, CA 94903
(415) 459-3647
Email: dave@dogtrekker.com
 
Please note:
This procedure is exclusively for notifying us that your copyrighted material has been infringed. Any other feedback, comments, requests for technical support, and other communications should be directed to the Site’s user services at dave@dogtrekker.com.

8. Disclaimer of Warranties 
The Site, all products and/or services offered for sale on the Site, and all related information are provided by the Company on an “AS IS” and “AS AVAILABLE” basis and with all faults. The Company makes no express, implied, or statutory warranties, representations, or endorsements of any kind as to the products and/or services offered on the Site, the operation of the Site, or the information, content, or materials included on the Site. You expressly agree that your use of the Site is at your sole risk. To the fullest extent permissible by applicable law, the Company disclaims all warranties, whether express, implied, or statutory, including, but not limited to, implied warranties or conditions of merchantability, fitness for a particular purpose, title, non-infringement, authenticity, or any warranty that operation of the Site will be uninterrupted, always available, or error-free, or will meet your requirements or that any defects in the Site will be corrected.
 
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights.
 
9. Third Party Links 
Links to other websites operated by third parties not affiliated to the Company may be indicated on the Site. The inclusion of any link to such third party sites does not imply endorsement by the Company of those websites. The Company has not reviewed all of the sites linked to the Site. You access linked sites at your own risk. Linked sites are not under the control of the Company and the Company is not responsible for the contents of any linked site.
 
10. Termination 
You agree that the Company may terminate your access to and use of the Site if the Company reasonably believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of the Company or any third party, or for any other reason, with or without notice to you. The provisions entitled "Disclaimer of Warranties," "Limitation of Liability," and "General Provisions" will survive termination of these Terms of Use.
 
11. Limitation of Liability 
Under no circumstances shall the Company be liable for any indirect, special, incidental, consequential, or punitive damages of any kind, regardless of the form of action, whether in contract, tort (including negligence), strict product liability or otherwise, arising out of or in any way related to the Site, or any other website or app you access through a link from the Site, or from any actions the Company takes or fails to take as a result of communications you send to the Company, or from the delay or inability to use the Site, or from any information, products, or services advertised in or obtained through the Site, from the Company’s removal or deletion of any materials submitted or posted on the Site, or otherwise arising out of use of the Site, including, without limitation, any liability relating to any loss of use, interruption of business, lost profits or lost data, even if the Company has been advised of the possibility of such damages.
 
Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
 
12. Applicable Law 
By visiting the Site, you agree that the laws of the state of California, without regard to its principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and the Company. For any claim brought by any party, you irrevocably consent and submit to the exclusive jurisdiction of the state courts located within Marin County, California and/or the federal courts located in the Northern District of California. Except for claims subject to binding arbitration, as provided below, venue for any claim brought by any party shall lay in a state court located within Marin County, California and/or in a federal court located in the Northern District of California.  
 
13. Disputes; Arbitration 
Any dispute relating in any way to your visit or access of the Site or to the products or services you purchase through the Site shall be submitted to binding arbitration in Marin County, California, except that, to the extent you have in any manner violated or threatened to violate the Company's intellectual property rights, the Company may seek injunctive or other appropriate relief in any state or federal court in the state of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under these Terms of Use shall be conducted under the then-existing Commercial Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
 
To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise, and any arbitration or trial by a judge of any claim will take place on an individual basis without resort to any form of class or representative action (the “Class Action Waiver”). Notwithstanding the foregoing, the validity and effect of the Class Action Waiver may be determined only by a court and not by an arbitrator. The parties to this agreement acknowledge that the Class Action Waiver is material and essential to the arbitration of any disputes between the parties and is nonseverable from the agreement to arbitrate claims. If the Class Action Waiver is limited, voided, or found unenforceable, then the parties' agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the Class Action Waiver. The Parties acknowledge and agree that under no circumstances will a class action be arbitrated.
 
By agreeing to binding arbitration, the parties irrevocably and voluntarily waive any right they may have to a trial by jury as permitted by law in respect to any claim. Furthermore, without intending in any way to limit this provision, to the extent that any claim is not arbitrated, the parties irrevocably and voluntarily waive any right they may have to a trial by jury to the extent permitted by law in respect to such claim. This waiver of jury trial shall remain in effect even if the Class Action Waiver is limited, voided, or found unenforceable. THE PARTIES AGREE AND UNDERSTAND THAT THE EFFECT OF THIS AGREEMENT IS THAT THEY ARE GIVING UP THE RIGHT TO TRIAL BY JURY TO THE EXTENT PERMITTED BY LAW. The laws of the State of California shall govern the interpretation, enforcement, and exercise of the arbitration provisions of these Terms of Use.
 
14. Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, owners, partners, employees, agents, licensors, suppliers, and any third party information provider to the Site from and against all losses, expenses, damages and costs, including attorney's fees, resulting from any violation of these Terms of Use (including negligent or wrongful conduct) by you or as a result of your use and/or access of the Site.
 
15. General Provisions 
The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. The Company may assign its rights and duties under these Terms of Use to any party at any time without notice to you. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, said conditions shall be deemed severable and shall not affect the validity or enforceability of any remaining provisions of these Terms of Use. These Terms of Use contain the entire agreement and understanding of the parties relating to the subject matter herein and supersede all prior agreements, writings, commitments, discussions, and understandings between them. You acknowledge and agree that no reliance is placed on any representation anywhere made that is not expressly contained in these Terms of Use. These Terms of Use shall be construed within their fair meaning and no inference shall be drawn against the drafting party.
 
Any rights not expressly granted herein are reserved by the Company.
 
Updated March 2015

Our business's name is: DogTrekker, Inc.
Our mailing address is: PO Box 151289, San Rafael, CA 94915
Our business phone is: 415.459.3647

 

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