Part Time Pooch
(Last revised: November 2013)
IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY. Part Time Pooch, a business registered in British Columbia, Canada (“Part Time Pooch”), owns and operates this web site, located at http://parttimepooch.com/
This Agreement may be modified by Part Time Pooch from time to time, such modifications to be effective upon posting by Part Time Pooch on the Site. Use of the Site after such changes are posted will signify your agreement to these revised terms. You should visit this page periodically to review this Agreement. Please consult the top of this Agreement to determine when the Agreement was last revised.
The Site is intended for use in Canada only. You will only use the Site in a manner consistent with this Agreement and any and all applicable local, state, provincial, territorial, federal, national and international laws and regulations. Registration for, and use of, the Site is void where prohibited. To the extent that the services provided by the Site not legal in your jurisdiction, you may not use such services. The services provided by the Site may not be used where prohibited by law.
The Site is intended solely for persons who are at least 18 years old (or the age of majority in your jurisdiction, if it is older). Any access to or use of the Site by anyone under 18 years old (or the age of majority in your jurisdiction, if it is older) is expressly prohibited.
Part A – Subscription Service Terms
To use certain features of the Site, you will be asked to register with the Site as a subscriber.
Part Time Pooch currently offers the following services to subscribers:
• an interactive online community, with individual profiles allowing dog owners to communicate with dog lovers who wish to offer dog boarding or other dog-care related services;
• an interactive photo gallery, allowing users to share photos of their pets; and
• a lost and found section, allowing users to post and view information in regard to lost pets;
Some of the services are offered free of charge, while others are offered for a fee. Use of the services may also be subject to limitations. The services may be bundled in different subscription packages, carrying different fees, features and limitations.
The details of the terms and conditions of your subscription are set out on the sign-up page when you register with the Site as a subscriber. You should carefully review these terms and conditions and make sure that you agree with them, before signing up or paying for any services.
Changes to Site or Services
Part Time Pooch may change its Site at any time, at its discretion and with or without notice, to offer additional sections or services or revise any of the sections or services, and this Agreement will apply to all additional or revised sections or services. Part Time Pooch also reserves the right to cease offering any of these sections or services.
All sales are final. When you sign up for a subscription, you are bound by the subscription for its entire term (by way of illustration, the term could be for 3, 6 or 12 months). You may cancel your account at any time by following the steps under “Cancellations” below, but you will be required to pay all applicable fees that are due for the entire subscription term and you will not be entitled to receive a refund for any fees already paid.
Cancellation Without Refund
You may cancel your subscription at any time during the term of such subscription or any renewal period by following the instructions set out in the Site FAQs. In such case, your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
Depending on your subscription terms, you may be entitled to Part Time Pooch’s “Connection Guarantee”. Please refer to your subscription confirmation for more details.
If your subscription includes Part Time Pooch’s “Connection Guarantee”, you have the following rights:
• If, by the end of your subscription term (including any renewal term), you have not made any connections (defined below), despite having made reasonable efforts to do so (defined below), you are entitled to receive, at your option, either (a) a refund of the fees you have paid for your subscription, in which case, your subscription will automatically terminate, or (b) a renewal of your subscription, at no charge, for a period equivalent to that of your initial subscription term.
• For purposes of paragraph (i), above, you have made a connection if you have sent a message to another subscriber and that subscriber has responded to your message using the Site’s messaging system.
• For purposes of paragraph (i), above, you have made reasonable efforts to make connections if you have sent out at least 10 messages to 10 different subscribers using the Site’s messaging system.
Except for this limited “Connection Guarantee”, Part Time Pooch makes no representations, warranties or conditions, whether express, implied or collateral, as to number, quality or frequency of any connections you may make through the Site or as to your ability to find suitable dog boarding or other dog care related services through the Site.
In order to provide continuous service, Part Time Pooch automatically renews all paid subscriptions when such subscriptions expire. The renewal periods are set out in the sign-up page, before you finalize the purchase of your subscription. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. If you do not wish your account to renew automatically, please follow the directions set out under “Cancellation Without Refund” above in order to cancel your subscription prior to the renewal date.
Termination by Part Time Pooch
Part Time Pooch may at any time, without notice, in its sole discretion and without cause, terminate your subscription or your right to access or use the Site (or any portion thereof). Part Time Pooch may also terminate your subscription or your right to access and use the Site, or any part of the Site, if you breach any term or condition of this Agreement. We also reserve the right to remove your account information or data from the Site and any other records at any time at our sole discretion. In the event your access to any part of the Site is suspended due to the breach of this Agreement, you agree that all fees then paid to Part Time Pooch by you will be nonrefundable and all outstanding or pending payments will immediately be due.
Following any termination of your account (whether you have cancelled or it is terminated for any other reason), Part Time Pooch reserves the right to send a notice thereof to other users which whom you have corresponded
Assumption of Risks, Obligations and Precautions
By using the Site as a registered subscriber, you acknowledge and agree as follows:
(i) You assume all risk when using the services provided by the Site, including but not limited to all of the risks associated with any online or offline interactions with others, which may include personal injury, death or disability to yourself or to others (including your children) or your dog(s), damages to property, or liability for the conduct of dogs that are under your care or control.
(ii) Part Time Pooch does not provide any dog boarding or other dog care related services. Registered users of the site are responsible for negotiating and entering into their own agreements with other registered users for dog boarding or other dog care related services and for making their own payment arrangements, if any. Part Time Pooch is not a party to any such agreements, nor is Part Time Pooch a broker, agent or insurer of any registered user.
(iii) Any legal remedy or liability that you seek to obtain for injury or damages arising out of the conduct of other registered users or other third parties will be limited to a claim against the particular registered users or other third parties who caused such injury or damages (or whose dog caused such injury or damages) and you agree not to attempt to impose liability on, or seek any legal remedy from, Part Time Pooch with respect to such actions or omissions.
(iv) Part Time Pooch has no control over the conduct of registered users or their dogs or any other users of the site, and Part Time Pooch disclaims all liability in this regard.
(v) Part Time Pooch is unable to guarantee the accuracy of information provided to you by or about other registered users, and Part Time Pooch is unable to confirm that any registered user is who he or she claims to be.
(vi) Part Time Pooch does not warrant and is not responsible for ensuring that users of the Site are in compliance with the Agreement.
(vii) You agree to take all necessary precautions when communicating with or meeting individuals through the Site.
(viii) Part Time Pooch does not endorse any registered user of this Site. Part Time Pooch makes no representations, warranties or conditions, whether express, implied or collateral, regarding (a) the quality, competence, abilities, experience, suitability or legality of any registered user or any dog boarding or dog care related services provided by any registered users, or (b) any “ratings” or “comments” included under any individual user profile, which are inputted by other registered users and are not reviewed or endorsed by Part Time Pooch in any manner.
(ix) Part Time Pooch does not act as an insurer. Part Time Pooch recommends that registered users obtain appropriate insurance, including (a) third party liability insurance covering injury or damages caused by dogs in your care or under your control, and (b) property and casualty insurance injury or damages caused to persons or property by dogs in your care or under your control. Please review any insurance policy that you may have carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover damage or injury caused by dogs in your care or under your control.
(x) Home dog boarding and other dog-care related services are not appropriate for all dogs, especially aggressive or poorly socialized dogs. You acknowledge that it is your sole responsibility to determine if the applicable services are suitable for your dog(s) and to select your dog boarding or dog care service provider carefully. It is strongly recommended that all users schedule a “Meet-n-Greet” with all dogs and dog owners before providing dog boarding or other dog care related services.
You agree on behalf of yourself, those under your care (including your children) each of your personal representatives, successors, heirs, and assigns to hold Part Time Pooch, its affiliates, officers, directors, agents, employees, and members (collectively, the “Releasees”) harmless from any and all claims or causes of action arising out of any dog boarding or other dog care related services which you may provide or receive in connection with this Site. You expressly release and discharge Releasees from any and all liability, claims, demands or causes of action whatsoever arising out of any damage, loss, personal injury or death to you and/or others under your care (including your children), while any dog is boarding in your home or you otherwise provide or receive any dog boarding or other dog care related services. This release is valid and effective whether the damage, loss or death is a result of any act or omission on the part of any of Releasees or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of the dog boarding in your home or you providing or receiving any other dog boarding or other dog care related services. By proceeding with this transaction or otherwise using the Site, you understand that you voluntarily give up your right to sue the above-mentioned parties.
All users should provide emergency contact information to each other when arranging dog boarding or other dog care related services. If an emergency medical situation arises whereby a user’s dog is required to receive emergency veterinary care while in the care or custody of another user, the user with custody of the dog will make reasonable efforts to contact the dog owner and notify him or her of the situation. If the dog owner cannot be reached following reasonable efforts, the dog owner hereby authorizes the user having custody of the dog to authorize care on his/her behalf in order to promptly treat the dog. The dog owner agrees to pay for the costs of any such treatment for emergency medical situations and to reimburse the user having custody of the dog for any such costs. This paragraph shall be deemed to form part of any agreement between users for dog boarding or dog care related services.
Part Time Pooch is not a party to any agreement between users for dog boarding or dog care related services and, as such, is under no obligation to care for any dog in any situation, including emergency situations, and has no liability in connection therewith. It is the sole responsibility of members to ensure that appropriate arrangements are made and carried out to care for their dogs.
Subscriber’s Representations, Warranties and Agreements
By using the Site as a registered subscriber, you agree, represent and warrant to the following.
(i) Minimum Age. You are at least 18 years old (or the age of majority in your jurisdiction, if it is older).
(ii) History in Relation to Animals and Criminal History. You have never been: (A) charged with any offence involving cruelty towards animals; (B) held liable for any damages caused by any animal under your control or settled any claim for any such damages; (C) convicted of an indictable offence. PART TIME POOCH DOES NOT CURRENTLY CONDUCT CRIMINAL BACKGROUND SCREENINGS OR OTHER INVESTIGATOINS ON ITS MEMBERS. However, Part Time Pooch reserves the right to conduct a criminal background check or any other investigation, at any time and using available public records, to confirm your compliance with this subsection.
(iv) Disclosing Relevant Information. You will share any and all relevant information, including but not limited to medical issues, allergies or other conditions (such as flea related issues), about your dog prior to engaging any other user for dog boarding or other dog-care related services.
(v) Exclusive Use. Your account is for your personal use only. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Part Time Pooch is not responsible for third party access to your account that results from the sharing by you or the theft or misappropriation of your user names and passwords.
(vi) Compliance with Laws. You will comply with all applicable laws in performing any dog boarding or other dog care related services and obtain and maintain all permits, licences and other authorizations needed to comply with such laws.
(vii) Reporting of Violations. You will promptly report to Part Time Pooch (i) any violation of the Agreement by others, including but not limited to, registered users, (ii) any incident involving animal abuse or cruelty towards animals, or negligence in the care of animals, and (iii) any known or suspected unauthorized access to your account.
(viii) Content. Your posting of messages and content or uploading of files, documents or other materials to the Site is subject to the terms set out in the “Posts” section, below.
(ix) No False Information. You will not provide inaccurate, misleading or false information to Part Time Pooch or to any other user. If information provided to Part Time Pooch or another user subsequently becomes inaccurate, misleading or false, you will promptly notify Part Time Pooch of such change.
(x) Unique and Bona Fide Profile. As a Registered User, you will create only one unique profile. In addition, your use of the services must be for bona fide purposes of connecting with other dog owners or dog lovers in order to arrange for the provision of dog boarding or other dog care related services. Not all registered users are available for such services. From time to time, Part Time Pooch may create test profiles in order to monitor the operation of the Services.
(xi) No Contact Information. You agree that you will not post any e-mail address, personal website address or other contact information in any section of your user profile or in any Post (as hereinafter defined) you make on the Site.
Part B – General Site Terms
Disclaimer of Warranties
THE SITE AND ALL CONTENT IS PROVIDED AS IS. BY ACCESSING AND USING THE SITE YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE AND THE CONTENT IS ENTIRELY AT YOUR OWN RISK. PART TIME POOCH MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE SITE AND THE CONTENT, INCLUDING, WITHOUT LIMITATION, NO REPRESENTATION OR WARRANTY (I) THAT THE SITE AND/OR CONTENT WILL BE ACCURATE, COMPLETE, RELIABLE, SUITABLE OR TIMELY; (II) THAT ANY CONTENT, INCLUDING, WITHOUT LIMITATION, ANY INFORMATION, DATA, SOFTWARE, PRODUCT OR SERVICE CONTAINED IN OR MADE AVAILABLE THROUGH THE SITE WILL BE OF MERCHANTABLE QUALITY OR FIT FOR A PARTICULAR PURPOSE; (III) THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE; (IV) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (V) THAT THE SITE WILL BE FREE FROM VIRUSES OR HARMFUL COMPONENTS; AND (VI) THAT COMMUNICATIONS TO OR FROM THE SITE WILL BE SECURE OR NOT INTERCEPTED.
You agree to indemnify, defend and hold harmless Part Time Pooch, its officers, directors, employees, agents and third parties, for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of (a) your use of or inability to use the Site or services provided thereon, (b) any Posts (as hereinafter defined) made by you, (c) your violation of any terms of this Agreement or your violation of any rights of a third party, or (d) your violation of any applicable laws, rules or regulations. Part Time Pooch reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Part Time Pooch in asserting any available defenses.
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by Part Time Pooch of the contents of such third-party websites. Part Time Pooch is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party website; or (iii) any representation or warranty that the operation of the third-party website will be uninterrupted or error free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While Part Time Pooch encourages links to the Site, it does not wish to be linked to or from any third-party website which (i) contains, posts or transmits any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of Part Time Pooch or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; or (ii) contains, posts or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary rights. Part Time Pooch reserves the right to prohibit or refuse to accept any link to the Site, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Site upon the request of Part Time Pooch.
Please note that information sent or received over the Internet is generally unsecure and Part Time Pooch cannot and does not make any representation or warranty concerning security of any communication to or from the Site or any representation or warranty regarding the interception by third parties of personal or other information.
All materials displayed or otherwise accessible through the Site, including, without limitation, articles, text, photographs, images, illustrations, audio clips, video clips, computer software and code (collectively, the “Content”) are protected under Canadian and foreign copyright or other laws, and are owned by Part Time Pooch, its licensors or the party accredited as the provider of the Content. In addition, the Site is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Site. ANY USE, REPRODUCTION, ALTERATION, MODIFICATION, PUBLIC PERFORMANCE OR DISPLAY, UPLOADING OR POSTING ONTO THE INTERNET, TRANSMISSION, REDISTRIBUTION OR OTHER EXPLOITATION OF THE SITE OR OF ANY CONTENT, WHETHER IN WHOLE OR IN PART, OTHER THAN EXPRESSLY SET OUT HEREIN, IS PROHIBITED WITHOUT THE EXPRESS WRITTEN PERMISSION OF PART TIME POOCH.
Limitation of Liability
SUBJECT TO APPLICABLE LAW, IN NO EVENT SHALL PART TIME POOCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY LOSS OR DAMAGES IN THE NATURE OF OR RELATING TO LOST BUSINESS, LOST SAVINGS, LOST DATA AND/OR LOST PROFITS, REGARDLESS OF THE CAUSE AND WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE. THE FOREGOING LIMITATION SHALL APPLY EVEN IF PART TIME POOCH KNEW OF OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PART TIME POOCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR DAMAGES UNDER THIS AGREEMENT, WHETHER ARISING IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEEDING ONE HUNDRED CANADIAN DOLLARS (C$100) EVEN IF PART TIME POOCH HAS BEEN ADVISED OR OUGHT TO HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL PART TIME POOCH, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM THE FAILURE OF PART TIME POOCH OR YOUR FAILURE TO PROTECT YOUR PASSWORD OR ACCOUNT INFORMATION.
PART TIME POOCH EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER OF THE SITE OR ANY ADVERTISER OR SPONSOR OF THE SITE (COLLECTIVELY, THIRD-PARTY USER). UNDER NO CIRCUMSTANCES SHALL PART TIME POOCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS LICENSORS, BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM (I) THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD-PARTY USER; AND (II) ANY USE OR INABILITY TO USE ANY MATERIALS, SOFTWARE, CONTENT, GOODS OR SERVICES LOCATED AT OR MADE AVAILABLE AT ANY SITE LINKED TO OR FROM THE SITE.
IF YOU DECIDE TO ACCESS OR USE ANY LINKED SITE OR CONTENT, MATERIALS, SOFTWARE, GOODS OR SERVICES FROM A SITE LINKED TO THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.
YOU HEREBY RELEASE PART TIME POOCH AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM ANY DAMAGES THAT YOU INCUR, AND AGREE NOT TO ASSERT ANY CLAIMS AGAINST THEM, ARISING FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY THIRD PARTIES THROUGH THE SITE.
Software Licenses and Ownership
All software embedded in or located on or at the Site, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by Part Time Pooch, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Site, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Site provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, licence, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Site shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Site or made available for download from the Site, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Site is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
THE PART TIME POOCH NAME AND LOGO are official marks or trademarks of Part Time Poock. Other names, words, titles, phrases, logos, designs, graphics, icons and trademarks displayed on the Site may constitute registered or unregistered trademarks of Part Time Pooch or third parties. While certain trademarks of third parties may be used by Part Time Pooch under license, the display of third-party trademarks on the Site should not be taken to imply any relationship or license between Part Time Pooch and the owner of said trademark or to imply that Part Time Pooch endorses the wares, services or business of the owner of said trademark. Nothing contained on the Site should be construed as granting you any license or right to use any trademark logo or design of Part Time Pooch or any third party, without the written permission of Part Time Pooch or the respective owner of any third-party trademark.
The information contained on the Site is for informational purposes only. It is not intended to provide veterinary, dog-related, legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The Site may provide features that allow you to post messages and content, to interact with Part Time Pooch and other users and to upload files, documents or other materials (collectively, “Posts”). When using any of the features of the Site which allow you to make Posts, it is a condition of your use of the Site that you observe the rules of netiquette and that you do not:
(i) restrict or inhibit any other user from using and enjoying the Site, interfere or attempt to interfere with the proper workings of the site or do anything which in the sole discretion of Part Time Pooch imposes an unreasonable or disproportionately large load on the Part Time Pooch website infrastructure;
(ii) make any post which promotes animal cruelty or hatred or physical harm of any kind against any animals, or post or transmit any unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Post constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation;
(iii) make any Post, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder;
(iv) make any Post that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons;
(v) make any Post which solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
(vi) make any Post which contains a virus or other harmful component, or provides or creates computer viruses;
(vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or
(viii) use the Site for commercial purposes, including, without limitation, making any Posts which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
By making Posts to the Site, you grant Part Time Pooch a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to: (i) use, reproduce, store, adapt, translate, modify, make derivative works from, transmit, distribute, publicly perform or display such Posts for any purpose; and (ii) to sublicense to third parties the unrestricted right to exercise any of the foregoing rights. In addition to the grant of the above license, you hereby (i) agree to waive all moral rights in any Post in favour of Part Time Pooch; (ii) consent to your name, address and e-mail appearing as the contributor of any Post, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with a Post; (iii) acknowledge and agree that Part Time Pooch is not responsible for any loss, damage, or corruption that may occur to your Posts; and (iv) acknowledge and agree that any Posts you provide for display on the Site will be considered non-confidential.
Part Time Pooch is not responsible for the content of any Post. Posts represent the views and opinions of the person(s) making the Post and do not represent the views or opinions of Part Time Pooch.
While Part Time Pooch is under no obligation to investigate any complaint regarding any Post, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Site and terminating the submitting party's right to access and use the Site (or any portion thereof).
Terms Applicable to Online Orders
The Site allows you to purchase many different types of products and services online that are provided by Part Time Pooch, such as the Subscription Services described in Part A. When ordering products or services on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number, e-mail address, credit card information and shipping address, as well as any other information requested. Your ordering of products or services may also be subject to additional terms and conditions as required by the payment processing company which is hired by Part Time Pooch from time to time to handle online transactions.
Your receipt of an electronic form or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. Your Post of an order to us shall be deemed to constitute an offer to purchase, which shall remain open for a reasonable time, unless we agree otherwise, and will be deemed to be accepted by us only upon delivery of the products or services. Part Time Pooch, in its sole discretion, reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Part Time Pooch, in its sole discretion, reserves the right at any time after receipt of your order, to accept or decline your order for any reason.
You acknowledge and agree that the price of any products or services is subject to change without notice and that all products or services are subject to availability. The sale of products or services is void where prohibited by law. Part Time Pooch, in its sole discretion, shall have the right, at any time after receipt of your order, to decline your order for any reason. In the event that any products or services are listed at an incorrect price, due to a typographical error or an error in pricing information, Part Time Pooch, in its sole discretion, shall have the right at any time after receipt of your order, to decline your order.
The price of any products or services as listed on the Site does not include any applicable goods and services or sales taxes. Your total price will include the price of the product or service plus any applicable goods and services or sales tax.
The Site may allow you to purchase many different types of products and services online that are provided by third parties (the Third-Party Merchandise). Part Time Pooch is not responsible for the legality, quality, accuracy, timeliness, reliability or any other aspect of any Third-Party Merchandise. If you make a purchase from a third-party web hosted by the Site or linked from the Site, the information obtained during your visit to any third-party Site and the information that you give, such as your credit card number and contact information, is collected by the third-party Site and not by Part Time Pooch.
You release Part Time Pooch and its officers, directors, employees, agents and their respective successors and assigns from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services or Third-Party Merchandise made available on the Site or by third-party Sites through the Site.
Notice and Procedure for Making Claims of Copyright Infringement
It is the policy of Part Time Pooch to respond to claims of intellectual property infringement. Part Time Pooch will promptly process and investigate notices of alleged infringement and will take any actions, in its sole discretion, it deems appropriate. Notifications of claimed copyright infringement should be sent to [Insert contact information.]
To be effective, the notification of infringement must be a written communication that includes the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material 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 the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider 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;
(v) 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 and; and
(vi) 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.
To use certain features of the Site, you may also need a username and password, which you will select through the Site registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify Part Time Pooch immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. Part Time Pooch cannot and will not be liable for any loss or damage arising from Part Time Pooch's failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Site (excluding linked Sites) is controlled by Part Time Pooch from its offices within the Province of British Columbia, Canada. By accessing or using the Site, you agree that all matters relating to your access to, or use of, the Site and/or the Content shall be governed by the laws of the Province of British Columbia and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction the courts of the Province of British Columbia with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.
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