Please take a few minutes to read this Agreement carefully.
Please note: SDC provides information on laws and legal topics related to Service Animals, Emotional Support Animals and Therapy Animals and is designed for informational purposes only, and, while believed to be accurate, is provided strictly “as is,” without warranty of any kind. SDC makes no representations or guarantees that information on our website is accurate. We do not provide legal advice and the information presented should not be substituted for legal advice from a registered attorney. SDC asks users who register their animal to affirm that any information in the content is accurate, but we does not verify the accuracy of the information submitted by users. All content on our website is provided solely to assist users in exercising their own best judgment and at their own risk.
INFORMATION AND PASSWORDS
You may register and create a personal account to access certain features and functions of the website You are solely responsible for maintaining the confidentiality of the user ID and password and are fully responsible for all activities that occur under your account. SDC does not retain liability or responsibility for such use.
User content includes but is not limited to, any text, images, photos, location data, ratings, reviews, messages or other information that is publicly displayed by you (“User Content”). SDC requests users who submit User Content to affirm that any information in the content is accurate, but SDC does not verify the accuracy of the information submitted by users.
By submitting User Content, you hereby represent and warrant that:
You are the sole author and owner of any intellectual property protected User Content you submit;
You are solely responsible for any contributions, comments or postings you submit, including any feedback or questions;
All User Content that you post is accurate;
You are at least 18 years old;
Your use of the User Content does not violate this Agreement and will not cause injury to any person or entity;
You have not been offered, have not accepted, and are not entitled to receive any compensation in any form and from any party in connection with submitted User Content; and
You will indemnify, defend and hold harmless SDC, its officers, directors, employees, agents and subcontractors from any third party claim(s) and any damages, losses or injuries resulting from the display of your User Content
You further agree and warrant that you will not:
Submit any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable; Submit any User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
Submit any User Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; Submit any User Content that is false or misleading;
Use the SDC for sales and/or marketing purposes; Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; Invade another’s privacy in any way, including posting another’s personal details without their prior permission; Manipulate identifiers in order to disguise the origin of any User Content submitted; Act in a manner that affects other users’ ability to engage in real time exchanges; Intentionally or unintentionally violate any applicable local, state, provincial, national or international law.
You acknowledge that SDC and its affiliates have the right in their sole discretion, to remove, refuse, move, edit or delete any User Content submitted, regardless of whether such content violates this Agreement.
Any submission to the Sites will be deemed and remain the property of SDC. By submitting User Content to our website you hereby grant SDC and its affiliates a royalty-free, perpetual, irrevocable, world-wide license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform and display the User Content in any media or medium, form, format or forum.
SDC INTELLECTUAL PROPERTY
SDC retains all right, title and interest, including all intellectual property rights, in and to the information and content on our website, including, without limitation, any text, graphics, logos, buttons, icons, images and audio clips (“SDC Content”). In addition, this Agreement grants you no right, title, or interest in any intellectual property owned or licensed by SDC, including SDC’s registered trademarks, service marks, logos, brand names, trade dress and trade names (“Trademarks”).
You have no rights in or to such SDC Content or Trademarks and you will not use any SDC Content or Trademarks, except as specifically permitted under this Agreement. You may not do or allow anyone else to do anything with SDC Content or Trademarks which is not specifically permitted under this Agreement. You may not use or display SDCs Trademarks in any manner without SDC’s prior written consent. Unless we specifically consent in writing, SDCs Trademarks may not be used in connection with any product or service that does not belong to us, in any manner that is likely to cause confusion, or in any manner that disparages or discredits SDC.
Unless otherwise specifically set forth on the Sites or unless written consent is provided, you may only use and access, download and copy the SDC Content for your personal, non-commercial use, and you will not alter, erase or otherwise obscure our copyright, trademark, proprietary or other notices on the SDC Content. You acknowledge and agree that the SDC Content is made available for informational and educational purposes only, and is provided to assist you in exercising your own judgment. SDC Content is not a substitute for legal advice or your best judgment. The accuracy of SDC Content is not guaranteed, and SDC makes no representation or warranty of any kind. SDC does not give legal advice. Your reliance upon SDC Content obtained through the Sites is solely at your own risk. All rights not expressly granted in this Agreement are reserved to us.
You expressly agree that our website may only be used for lawful purposes as governed by any applicable international, national/federal, state, provincial or local laws, statutes, and regulations. You may not use SDC any way that could result in criminal or civil liability. Use of the Sites from outside of Canada or the United States shall be in compliance with the laws of the jurisdiction from which you access the Sites.
DISCLAIMER OF WARRANTY
SDC DOES NOT WARRANT OR GUARANTEE THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF THE SITES AND DISCLAIMS ANY LIABILITY FOR ERRORS OR OMISSIONS IN THE SITES. THE SITES ARE PROVIDED “AS-IS” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED. SDC DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES THAT ARE NOT SUBJECT TO EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITES IS ACQUIRED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR OWN COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
You agree to indemnify and hold harmless SDC and its respective officers, directors, employees, agents, independent contractors or licensors (collectively the “SDC Parties”) from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the SDC Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) your use of our website and any material you access using the website or by any other means; (ii) a third party’s use of such material that you access using the Sites and make available to such third party; or (iii) your violation of this Agreement or any applicable law. You further agree that you will cooperate fully in the defense of any such claims. SDC reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of the relevant SDC Parties.
LIMITATION OF LIABILITY
Under no circumstances shall SDC be liable to you or any other party for any direct, indirect, special, consequential or exemplary damages, including but not limited to, damages for lost profits, business interruption, goodwill or other intangible losses of any kind arising from or relating in any way to (i) your use of, or inability to use, the Sites or the information contained in the Sites; (ii) any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure; and (iii) any other matter relating to our website, even if advised of the possibility of such damages.
SDC may immediately suspend access to its website and remove and discard any User Content you submitted for any reason if SDC believes you have violated or acted inconsistently with the terms of this Agreement. Termination of your access to the Sites may be affected without prior notice. SDC will not be liable to you or any third-party for termination of your access to the Sites.
Prices for any of our products are subject to change without notice. SDC reserves the right at any time to modify or discontinue any of our products and the related ongoing support (or any part or content thereof) without notice at any time. Neither SDC, nor any of its service providers shall be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
All physical products sold by SDC, including but not limited to dog collars, bandanas, tags and leashes are fulfilled by a third-party service provider. SDC makes no representation to the quality, craftsmanship, suitability, delivery condition. You agree and acknowledge that it is your responsibility to inspect any products sold by SDC for fitness. SDC is not responsible for shipping delays, damaged product, non-fulfilment or anything of that nature whatsoever.
All such purchases fulfilled by third-parties are final. SDC does not accept returns or exchanges. If you receive a defective item, please contact us at email@example.com with details of the product and the defect within 5 business days of receipt and we will do our best to help resolve the defect.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.
Failure by SDC to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
You agree that you will notify SDC in writing of any claim or dispute concerning or relating to your use of the website and give SDC a reasonable period of time to address it before bringing any legal action, either individually or as a class member against SDC.
This Agreement shall be subject to any other agreements you have entered into with SDC. If any such agreements conflict with the terms of the instant Agreement, the other agreements shall control.
Certain sections or pages on the Sites may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. Should there be a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
SDC reserves the right to modify this Agreement at any time, with or without notice to you. Thus, you should check the Agreement periodically for changes. You agree that SDC will not be liable to you or any third party for any modifications to the Agreement.
The headings of Sections in this Agreement are provided for convenience only and will not affect its construction or interpretation.
This Agreement will be binding on, inure to the benefit of, and be enforceable against the parties to this Agreement and their respective successors and assignees. Neither the course of conduct between the parties to this Agreement nor trade practice shall serve to modify any provision of this Agreement. All rights not expressly granted herein are hereby reserved.