In no event will Walking Doggies LLC or WalkingDoggies.com be liable for any injury, loss or damage including without limitation, indirect or consequential injury, loss or damage, or any injury, loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.
Through this website you are able to link to other websites which are not under the control of Walking Doggies LLC or WalkingDoggies.com. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
Walking Doggies LLC and WalkingDoggies.com has financial relationships with some of the businesses represented on this website, and may be compensated if consumers choose to click on the links in a product listing and ultimately make a purchase.
The following further describes the terms on which www.WalkingDoggies.com (referred to herein as “WalkingDoggies,” “Site,” “we,” or “us”) offers you access to our services. Your permission to use the WalkingDoggies Service, and the licenses granted herein, are expressly conditioned upon your acceptance of these Terms of Service (“Terms”), and the following additional terms and conditions and policies, which are hereby incorporated by reference (collectively, the “Agreement”):
WalkingDoggies is owned by Walking Doggies LLC. WalkingDoggies may revise these Terms at any time by posting an updated version to the Site. You should visit this page periodically to review the most current Terms because they are binding on You. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Site for any reason. The term “Post” as used herein shall mean information that You submit, publish, or display on the Site.
By visiting the Site and accepting these Terms, You represent and warrant to WalkingDoggies that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to WalkingDoggies that You will use the Site in a manner consistent with any and all applicable laws and regulations.
WalkingDoggies grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of WalkingDoggies. This license allows people searching for products and services for dogs to purchase those products or services for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of WalkingDoggies, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of WalkingDoggies.
Any unauthorized use terminates the permission or license granted by WalkingDoggies and may result in both civil and criminal liability.
Users may not use the Site in order to transmit, post, distribute, store or destroy material, including, without limitation, comments and reviews (the “Content”) (i) in violation of any applicable law or regulation, (ii) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (iii) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of the Site, including, without limitation, the following activities: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”; or (iv) forgoing any TCP/IP packet header or any part of the header information in any email or posting on the Site. Attempts to violate system or network security immediately terminate the permission or license granted by WalkingDoggies and may result in civil and/or criminal liability.
6. Prohibited Uses
Listing of available products and services on the Site may be used only for lawful purposes by Users of the Site. You may not frame or utilize framing techniques to enclose any trademark, logo, copyrighted image, or other proprietary information (including images, text, page layout, or form) of WalkingDoggies without express written consent. You may not use any meta tags or any other “hidden text” utilizing WalkingDoggies’ name or trademarks without the express written consent of WalkingDoggies. You agree not to sell or modify any content found on the Site including, but not limited to, names of Users and Content, or to reproduce, display, publicly perform, distribute, or otherwise use the Content, in any way for any public purpose, in connection with products or services that are not those of WalkingDoggies, in any other manner that is likely to cause confusion among consumers, that disparages or discredits WalkingDoggies or its licensors, that dilutes the strength of WalkingDoggies or its licensor’s property, or that otherwise infringes WalkingDoggies’ or its licensor’s intellectual property rights. You further agree to in no other way misuse the Content that appears on the Site. The use of the Content on any other website or in a networked computer environment for any purpose is prohibited. Any code that WalkingDoggies creates to generate or display any Content of the pages making up the Site is also protected by WalkingDoggies’ copyright, and you may not copy or adapt such code.
WalkingDoggies has no duty to monitor any materials posted, transmitted, or communicated to or with the Site. If you believe that something on the Site violates these Terms please contact our designated agent as set forth below.
If notified by a User of any materials which allegedly do not conform to these Terms, WalkingDoggies may in its sole discretion investigate the allegation and determine whether to take any other actions or remove or request the removal of the Content. WalkingDoggies has no liability or responsibility to Users for performance or nonperformance of such activities.
7. Electronic Communication
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements notices, disclosure, and other communicates that we provide to you electronically satisfy any legal requirements that such communications be in writing.
All content included on this Site, such as text, graphics, logos, icons, images, data compilations, and software, is the property of WalkingDoggies or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of WalkingDoggies and protected by U.S. and international copyright laws. All software used on this Site is the property of WalkingDoggies or its software suppliers and protected by U.S. and international copyright laws.
WalkingDoggies.com, Walking Doggies LLC, and other WalkingDoggies graphics, logos, page headers, icons, images, and service names are trademarks, registered trademarks, or trade dress of WalkingDoggies in the U.S. and/or other countries. WalkingDoggies’ trademarks and trade dress may not be used in connection with any product or service that is not WalkingDoggies’, in any manner that is likely to cause confusion among the public, or in any manner that disparages or discredits WalkingDoggies. All other trademarks not owned by WalkingDoggies that may appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by WalkingDoggies.
10. Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account and password. You also agree to not disclose any personally identifiable data, including, but not limited to, first and last names, credentials, or other information of a personal nature (“Personal Data”) obtained from the Site. Your disclosure of any Personal Data obtained from the Site may result in the immediate termination of your account. WalkingDoggies further reserves the right to refuse service, terminate accounts, and remove or edit Content at its sole discretion.
WalkingDoggies does not represent or guarantee the truthfulness, accuracy, or reliability of Content on the site, including Personal Data. Each User is responsible for updating and revising any relevant account information when necessary to maintain the truthfulness, accuracy, or reliability of the information.
11. Reviews, Comments, Communications and other Content
Registered Users of the Site may post reviews and comments of a product or service purchased via the Site, so long as the Content is not illegal, obscene, threatening, defamatory, an invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain commercial solicitation, mass mailings, or any form of “spam.” You may not use another User’s account to impersonate a User or entity, or otherwise mislead as to the origin of the remarks. WalkingDoggies reserves the right (but is not obligated) to remove or edit such Content, but does not regularly review posted Content.
If you post a review or submit comments, and unless WalkingDoggies indicates otherwise, you grant WalkingDoggies a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world, in any media. You grant WalkingDoggies and sublicensees the right to use your name in connection with such Content, if they choose. You represent and warrant that You own or otherwise control all of the rights to the content that You post; that the content is accurate; that use of the content You supply does not violate this policy and will not cause injury to any person or entity; and that You will indemnify WalkingDoggies for all claims resulting from Content You supply. WalkingDoggies has the right but not the obligation to monitor and edit or remove any activity or Content. WalkingDoggies takes no responsibility and assumes no liability for any content posted by You or any third party.
12. Disclaimer of Warranties and Limitation of Liability
The Site acts as a venue for Users to purchase products or services for dogs. Neither WalkingDoggies nor the Site has control over the quality or fitness for a particular purpose of a product. WalkingDoggies also has no control over the accuracy, reliability, completeness, or timeliness of the User-submitted information and makes no representations or warranties about any information on the Site.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY WALKINGDOGGIES ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. WALKINGDOGGIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WALKINGDOGGIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WALKINGDOGGIES DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVERS; OR EMAIL SENT FROM WALKINGDOGGIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WALKINGDOGGIES WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCE SHALL WALKINGDOGGIES’ LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF THE SITE, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), EXCEED $100.
You agree to defend, indemnify, and hold harmless WalkingDoggies, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal, accounting, and other service provider fees, alleging or resulting from (i) any Content of other material You provide to the Site, (ii) Your use of any Content, or (iii) Your breach of the terms of these Terms. WalkingDoggies shall provide notice to You promptly of any such claim, suit, or proceeding.
14. Applicable Law
Any dispute arising out of or relating to these terms or the Service shall be submitted exclusively to confidential binding arbitration in New York, NY, except that to the extent you have in any manner violated or threatened to violate WalkingDoggies intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of New York. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of New York. Arbitration under these Terms shall be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator’s award shall be final and 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any dispute or controversy arising out of or related to the subject matter of this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party, in addition to any other available remedy, all reasonable costs, including without limitation court costs, attorneys’ fees, and other expenses incurred in such proceeding.
16. Site Policies, Modification and Severability
17. Affiliate Disclaimer
- WalkingDoggies is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com.
- WalkingDoggies works in affiliation with various online merchants. Although we do our best to keep links valid and updated we cannot guarantee the accuracy of links and special offers. We are not responsible for products and services ordered from our affiliate merchants or for any actions of our affiliate merchants.
I HAVE READ THIS AGREEMENT AND AGREE WITH ALL OF THE TERMS AND CONDITIONS CONTAINED ABOVE.