Terms and Conditions
This agreement applies as between you and Red Lantern Dog Training, LLC, Oakland County, MI, www.redlanterndogtraining.com (hereinafter “Red Lantern Dog Training”, “we” or “us”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our website.
Intellectual Property
All Content included on the website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Red Lantern Dog Training, our affiliates or other relevant third parties. By continuing to use the website you acknowledge that such material is protected by applicable United States and International intellectual property and other relevant laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the website unless otherwise indicated on the Website or unless given express written permission to do so by Red Lantern Dog Training.
Privacy
For the purposes of applicable data protection legislation, Red Lantern Dog Training will process any personal data you have provided to us in accordance with our Privacy Policy.
You agree that, if you have provided Red Lantern Dog Training with personal data relating to a third party (i) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to us and (ii) that you have brought to the attention of any such third party our Privacy Policy. You agree to indemnify Red Lantern Dog Training in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
Disclaimer
Red Lantern Dog Training makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service.
No part of this website is intended to constitute advice and the Content of this website should not be relied upon when making any decisions or taking any action of any kind.
Undertakings and Acknowledgements
Pet Owners are solely responsible for evaluating the suitability of the booked Service.
We undertake to care for the animal in a manner appropriate to its species and behavior in accordance with applicable Animal Welfare regulations and its ancillary provisions.
You guarantee that the animal is free of contagious diseases.
We undertake to inform you in the event of serious problems (sudden illness of the animal, conspicuous changes in behavior, etc.
You have the right to enquire about the welfare of the pet during the care period and we undertake to make truthful statements in this regard.
We undertake to look after the animals entrusted to him/her lovingly, with the utmost care, taking into account species-appropriate husbandry and compliance with applicable Animal Welfare regulations.
If we consider veterinary treatment to be necessary immediately (life-threatening condition of the animal), you agree to the animal receiving veterinary treatment on your behalf and at your expense.
General Conditions
We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.
Availability of the website
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Red Lantern Dog Training accepts no liability for any disruption or non-availability of the website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
Acceptable Use
You agree not to use the website or Services for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the website or Services in any way that could damage the website, Services, or general business of Red Lantern Dog Training.
You further agree not to use the website or Services:
to harass, abuse, or threaten others or otherwise violate any person's legal rights.
to violate any of our intellectual property rights or any third party.
to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
to perpetrate any fraud.
to publish or distribute any obscene or defamatory material.
to publish or distribute any material that incites violence, hate, or discrimination towards any group.
to unlawfully gather information about others.
Assumption of Risk
The website is provided for communication purposes only. You acknowledge and agree that any information posted on Our website is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the website.
Exclusion of liability
You understand and agree that we
do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; and
shall not be responsible for any materials posted by us or any third party. You shall use your judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.
Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user using the digdoggy.com website including loss of data or information or any kind of financial or physical loss or damage.
In no event shall Red Lantern Dog Training, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful, or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not based on guarantee, agreement, domestic wrong (including carelessness) or any other lawful concept, whether or not we've been aware of the possibility of such damage, and even if a cure set forth herein is originated to have futile of its important purpose.
Indemnification
You agree to defend and indemnify us and any of our affiliates (if applicable) and hold us harmless against any legal claims and demands, including reasonable attorney's fees, which may arise from or relate to your use or misuse of the website or Services, your breach of this Agreement, or your conduct or actions. You agree that we shall be able to select its legal counsel and may participate in its defense if we wish.
Third-party links and content
We may occasionally post links to third-party websites or other services. You agree that we are not responsible for any loss or damage caused because of your use of any third-party services linked to or from Our website.
Modification and variation
We may, from time to time and at any time without notice to you, modify this Agreement. You agree that we have the right to modify this Agreement or revise anything contained herein. You further agree that all modifications to this Agreement are in full force and effect immediately upon posting on the website and that modifications or variations will replace any prior version of this Agreement unless prior versions are specifically referred to or incorporated into the latest modification or variation of this Agreement.
Service interruptions
We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.
Term, Termination and Suspension
We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
No Warranties
15.1.You agree that your use of the website and Services is at your sole and exclusive risk and that any Services provided by us are on an "As Is" basis.
15.2.We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability.
15.3.We make no warranties that the website or Services will meet your needs or that the website or Services will be uninterrupted, error-free, or secure.
15.4.We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services.
15.5.You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website or Services is your sole responsibility and that we are not liable for any such damage or loss.
Limitation on liability
We are not liable for any damages that may occur to you because of your use of the website or Services, to the fullest extent permitted by law. This section applies to any claims by you, including, but not limited to, lost profits or revenues, consequential or punitive damages, negligence, strict liability, fraud, or torts of any kind.
General Provisions
17.1.This Agreement, or the rights granted hereunder, may not be assigned, sold, leased, or otherwise transferred in whole or part by you. Should this Agreement, or the rights granted hereunder, be assigned, sold, leased, or otherwise transferred by us, the rights, and liabilities of digdoggy.com will bind and inure to any assignees, administrators, successors, and executors.
17.2.If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such a condition, the remainder of this Agreement shall continue in full force.
17.3.If we fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.
17.4.Headings of parts and sub-parts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.
17.5.No agency, partnership, or joint venture has been created between the Parties because of this Agreement. No Party has any authority to bind the other to third parties.
17.6.We are not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature, and natural disasters, and other acts which may be due to unforeseen circumstances.
17.7.This Agreement constitutes the entire understanding between the Parties concerning any use of this website. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this website.
17.8.The terms herein will be governed by and construed by the laws of the State of Michigan, United States without giving effect to any principles of conflicts of law.
17.9.The Courts of Oakland County shall have exclusive jurisdiction over any dispute arising from the use of the website.