Last updated: September 27, 2018
Acceptance of Terms of Service
Changes to Terms of Service
Right to Change Terms. The Company reserves the right, in its sole discretion, to change these Terms of Service (“Updated Terms”) from time to time.
Notice of Updated Terms. Unless the Company makes a change for legal or administrative reasons, the Company will provide reasonable advance notice before the Updated Terms become effective. You agree that the Company may notify you of the Updated Terms by posting them on the Site.
Acceptance of Updated Terms. Your use of the Site after the effective date of the Updated Terms constitutes your agreement to the Updated Terms. You should review these Terms of Service and any Updated Terms before using the Site.
Effective Date of Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.
Use of Site
License. During the term of this agreement, the Company grants you a limited, non-exclusive, non-transferable license to access the Site for your personal and non-commercial use in accordance with the Terms of Service.
Intellectual Property Rights. The design, trademarks, service marks, and logos of the Site (“Marks”), are owned by or licensed to the Company, subject to copyright and other intellectual property rights under United States, foreign laws and international conventions. The Company reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution of any of the Site other than expressly permitted.
Eligibility to Use Services
You must be 18 years or older to use our Services. This Agreement is void where prohibited by law, and the right to access and use the Services is revoked in such jurisdictions. By accessing the Services, you represent and warrant to The Pretentious Pooch that: (i) you are an individual (i.e., not a corporation) at least 18 years old; (ii) you are of legal age to form a binding contract; (ii) all registration information you submit is accurate and truthful and you will maintain the accuracy of such information; (iv) you are legally permitted to use and access the Services and take full responsibility for your access, selection and use of the Services.
We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
Driving traffic through The Pretentious Pooch to any of our offers by any deceptive practice other than voluntary clicks from users will result in the immediate termination of an account and forfeiture of funds.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
The Company respects the intellectual property rights of others and expects of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the following information in accordance with the Digital Millennium Copyright Act:
a physical or electronic signature of the copyright owner or a person authorized to act on their behalf, identification of the copyrighted work claimed to have been infringed,
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 us to locate the material, your contact information, including your address, telephone number, and an email address,
a statement by you that you have 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 a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
The Company name and logo are trademarks of the Company, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company. In addition, all page headers, custom graphics, button icons and scripts are service marks, trademarks, and trade dress of the Company, and may not be copied, imitated, or used, in whole or in part, without prior written permission from the Company.
Some may promote competitions, promotions, prize draws and other similar opportunities on the Site (“Third Party Competitions”). The Company is not the sponsor or promoter of these Third Party Competitions and does not bear any responsibility or liability for the actions or inactions of any third parties who organize, administer or are otherwise involved in any of promotion of these Third Party Competitions. If you wish to participate in any of these Third Party Competitions, you are responsible for reading and ensuring that you understand the applicable rules and any eligibility requirements and are lawfully able to participate in such Third Party Competitions in your country of residence. If you wish to run your own Third Party Competition on the Platform, you are free to do so provided you comply with our Competition Terms.
Termination upon Notice. Either party may terminate this agreement at any time by notifying the other party.
Termination by the Company. The Company may terminate or suspend your access to or ability to use the Site immediately, without prior notice or liability, for any reason or no reason, including breach of this agreement. In particular, the Company may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.
Effect of Termination. Upon termination of your access to or ability to use the Site, your right to use or access the Site will immediately cease.
Survival of Provisions. This agreement’s provisions that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Site shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party.
The Site is provided “as is,” without any warranties of any kind. To the fullest extent permissible under applicable law, the Company disclaims all such warranties, express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, freedom from errors, suitability of content, or availability.
Limitation of Liability
To the fullest extent permitted by applicable law in no event shall the Company be liable for:
any direct, special, indirect or consequential damages, or
any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Site, including without limitation any damages caused by or resulting from reliance by user on any information obtained from Site, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance.
You agree to defend, indemnify and hold harmless the Company, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors and agents from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorneys’ fees and costs) and all amounts paid in settlement arising from or relating to use of the Site. The Company may assume the exclusive defense and control of any matter for which have agreed to indemnify the Company and you agree to assist and cooperate with the Company in the defense or settlement of any such matters.
Claim Procedure. For any dispute, you have with the Company, you agree to first contact the Company and attempt to resolve the dispute informally. If the Company has not been able to resolve the dispute with you informally, we each agree to resolve any claim, dispute, or controversy (excluding claims for injunctive or other equitable relief) arising out of or in connection with or relating to this agreement by binding arbitration by the American Arbitration Association (“AAA”) under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.
Arbitration Location. Unless you and the Company agree otherwise, the arbitration will be conducted in the county where you reside.
Arbitration Fees. Each party will be responsible for paying any AAA filing, administrative and arbitrator fees in accordance with AAA rules, except that the Company will pay for your reasonable filing, administrative, and arbitrator fees if your claim for damages does not exceed $75,000 and is non-frivolous (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Arbitration Award. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Injunctive Relief. Nothing in this Section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to data security, intellectual property or unauthorized access to the Service.
Class Actions. All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims.
Waiver of Jury Trial. You agree that, by entering into these terms, you and the Company are each waiving the right to a trial by jury or to participate in a class action.
The Pretentious Pooch LLC. Refer-a-Friend Program Terms & Conditions
- Qualified Referral. A Qualified Referral is defined as a purchase made at www.jointhepoochpack.com by a person (a "Referred Customer") who arrives to our website by clicking your Refer-a-Friend program link. You are limited to one Qualified Referral for each Referred Customer; in other words, additional/repeat purchases made by a Referred Customer are not counted as additional Qualified Referrals.
- Referred Customer. The Referred Customer and the Referrer cannot be the same person (for example, by using a different email address).
- Referral Rewards. Referral Rewards are earned as the result of Qualified Referrals only.
- Reward Payments. Referral Rewards are payable in the increments detailed in the then applicable Refer-a-Friend promotion. As a Referrer, you are responsible for any and all tax liability resulting from Referral Rewards.
- Eligibility. Eligibility is limited to individuals only. The Pretentious Pooch LLC.’s Refer-a-Friend Program cannot be used by businesses for affiliate lead generation as determined in The Pretentious Pooch LLC.’s sole discretion. (Corporations are not people, my friend!)
- No Spam. You must comply with all up-to-date “SPAM” laws. For example, emails must be created and distributed in a personal manner and bulk email distribution is strongly discouraged. Any distribution of your referral link that could constitute unsolicited commercial email or "spam" under any applicable law or regulation is expressly prohibited and will be grounds for immediate termination of your account and exclusion from The Pretentious Pooch LLC.’s Refer-a-Friend program.
- Right to Close Accounts. The Pretentious Pooch LLC. reserves the right to close the account(s) of any Referrer and/or Referred Customer and to request proper payment if the Referrer and/or Referred Customer attempts to use the The Pretentious Pooch LLC. Refer-a-Friend program in a questionable manner or breaches any of these Terms & Conditions or is in violation of any law, statute or governmental regulation.
- Right to Cancel Program or Change Terms. The Pretentious Pooch LLC. reserves the right to cancel the Refer-a-Friend Program or to change these Terms & Conditions at any time in its sole discretion. Any unclaimed referral rewards will be forfeited at that time.
This agreement will be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of laws rules.
We welcome any comment, question and communication at HappyPooch@thepretentiouspooch.com
If you have any questions about these Terms, please contact us at HappyPooch@thepretentiouspooch.com
The Pretentious Pooch LLC
15511 HWY 71 W, Suite 110-370, Bee Cave, Texas 78738