GENERAL
By accessing, viewing, downloading or otherwise using our website or any webpage or feature available
through our website, any information provided as part of our website services, or any related emails,
newsletters or services (hereinafter collectively “our website” or the “Services”), or by clicking “Join our
website” or “Join our mailing list” during the registration process, you conclude a legally binding agreement
with us (“we” or “us”) based on the terms of this Website Use Agreement (“Agreement”).
If you are using our website on behalf of a company or other legal entity, such entity may have a separate
agreement with us, but you are nevertheless also individually bound by this Agreement. If you do not want
to conclude the Agreement, do NOT click “Join our website” or “Join our mailing list,” and do not access,
view, download or otherwise use any our website webpage, information or services.
By using the Services in any way, you are agreeing to comply with this Agreement. In addition, when using
particular services from our website, you agree to abide by any applicable posted guidelines for all our
website services, which may change from time to time. Should you object to any term or condition of this
Agreement, any guidelines, or any subsequent modifications thereto or become dissatisfied with our website
in any way, your only recourse is to immediately discontinue use of our website. We have the right, but are
not obligated, to strictly enforce this Agreement through self-help, community moderation, active
investigation, litigation and prosecution.
DISCLAIMER
The information submitted to the www.123sevicedogs.com website is provided by you for informational
purposes only.
No representations or warranties are given in relation to the contents of this Website, including the accuracy
or completeness of the information contained herein.
By using our website, you understand and agree that our website is only available to supply the represented
information and issue certification/ ID for your dog.
www.123sevicedogs.com reserves the right to refuse to provide an identification package for any reason
what so ever.
www.123sevicedogs.com is not responsible for any actions legal or otherwise caused by the use of the
information provided or the ID card issued.
Please also see our Disclaimer, the terms of which are incorporated by reference into this Agreement.
1. Your Obligations — What You Must Do
Comply with laws and the Agreement: You must comply with all applicable laws, the Agreement, as
may be amended, and the following terms, which are incorporated into this Agreement:
License and warrant your submissions: You do not have to submit anything to us, but if you choose to
submit something (including any user generated content, ideas, concepts, techniques and data), you must
grant, and you actually grant by concluding the Agreement, a non-exclusive, irrevocable, worldwide,
perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to us to copy, prepare
derivative works of, improve, distribute, publish, remove, retain, add, and use and commercialize, in any
way now known or in the future discovered, anything that you submit to us, without any further consent,
notice and/or compensation to you or any third parties. By submitting any information to us, you represent
and warrant that such submission is accurate to your best knowledge, not confidential, and not in violation
of any contractual restrictions or other third-party rights. We exercise no control over any content you or
others submit when using our website. We have no obligation to verify the identity of any Users when they
are connected to the site or to supervise the content which has been provided by users. Note that we describe
our current practices related to personally identifiable information collected through our website in
our Privacy Policy and that we may update our policies and practices from time to time at our sole
discretion. Prior to joining our website, you must consider and decide, yourself, the extent to which you
wish to reveal information about yourself to the large community of users and to our website and you must
not communicate to our website and its users any information the dissemination of which could be harmful
to you.
Service Eligibility. You represent and warrant that you (a) are not under the age of 18; (b) have not
previously been suspended or removed from our website; (c) are not a direct competitor of our website; (d)
do not have more than one of our website account at any given time; and (e) that you have full power and
authority to enter into this Agreement and in doing so will not violate any other agreement to which you
are a party. In addition, you must provide all equipment and software necessary to connect to our website,
including, but not limited to, if the Service contains a mobile element, a mobile hand set or other mobile
access device that is in working order and suitable for use in connection with the Service and to use any
part of the Service.
Keep your password secure: Keep your password confidential, do not use other users’ accounts and do
not let others use your account; you are responsible for anything that happens through your account — until
you close down your account. You are prohibited from selling, trading or otherwise transferring our website
account or any information therein to another party or charging anyone for access to any portion of our
website, or any information therein.
Indemnify us: You have to indemnify us and hold us harmless from any damages, losses and costs
(including, but not limited to, reasonable attorneys’ fees) related to third party claims, charges or
investigations, caused by: (a) your failure to comply with this Agreement, including, without limitation,
your submission of content that violates third party rights or applicable laws, (b) any content you submit to
our website, or (c) any activity in which you engage on or through our website.
Notify us of acts contrary to the Agreement: If you believe that you are entitled or obligated to act
contrary to this Agreement under any mandatory laws, you agree to provide us with detailed, 30 days prior
written notice before you act contrary to this Agreement, to allow us to assess whether we may, at our sole
discretion, provide an alternative remedy for the situation.
Mobile Services: Certain parts of the Service may be available via your mobile phone or accessible on
your mobile phone through a downloadable application (“Mobile Services”). In using Mobile Services, you
agree that we may communicate with you regarding the Service by SMS, MMS, text message or other
electronic means to your mobile device and that certain information about your usage of the Mobile Services
may be communicated to us. In addition, use of the Mobile Services may cause icons and data to be
displayed on and through your mobile device, which data may be updated on a periodic basis by connecting
to and transferring data from servers through the Internet and/or communication systems to provide content
updates and to populate your mobile device with new information. By using Mobile Services, you hereby
explicitly agree to the foregoing service functionality. In the event you change or deactivate your mobile
telephone number, you agree to promptly update your our website account information to ensure that your
messages are not sent to the person that acquires your old number. Use of the Mobile Services may result
in charges imposed by your wireless provider and you will be responsible for such charges. In addition,
downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier,
and not all Mobile Services may work with all carriers or devices. Therefore, you should check with your
carrier to find out if the Mobile Services are available for your mobile devices, and what restrictions, if any,
may be applicable to your use of such Mobile Services. Finally, by using any downloadable application to
enable your use of the Mobile Services, you are explicitly confirming your acceptance of the terms of the
mobile End User License Agreement provided at download.
Forums/Blogs/Articles/Websites: Our website may include various forums, blogs and articles where you
can post your observations and comments on designated topics or topics of your choice. Our website cannot
guarantee that other members or users will not use the ideas and information that you share. Therefore, if
you have an idea or information that you would like to keep confidential and/or do not want others to use,
do not post it on the Service. Our website and any affiliates of our website are not responsible for a
member’s or user’s misuse or misappropriation of any content or information you may post in any forums,
blogs and articles.
Privacy: You should carefully read our full Privacy Policy before deciding to become a User of our
website. Please note that certain information, statements, data and content (such as photographs) which you
may choose to provide might, or are likely to, reveal your gender, ethnic origin, nationality, religion and/or
sexual orientation, and that you are providing all such information, statements, data and content in full
acknowledgment thereof and under your sole responsibility. By providing such information to us, all of
which is optional, you are hereby expressly giving your informed consent to the processing by us of such
“sensitive” data.
2. MODIFICATION TO SERVICES AND PRICES
Prices are subject to change without notice.
If you subscribe or pay for any products or services we offer on our website for a fee, you will pay the
applicable fees as they become due plus all related taxes and reimburse us for any collection costs and
interest for any overdue amounts if any. If we send you to collections for any reason you understand a
minimum fee of 100.00 is assessed in addition to the amount owed to cover any fees, collection cost and or
attorneys’ fees. In the event costs exceed 100.00 you agree to pay the additional costs.
3. CONTENT AND THIRD-PARTY SITES AND SERVICES
You understand that our website does not control and is not responsible for Content made available through
the Services by others, and that by using the Services, you may be exposed to Content that is offensive,
indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, our website site and Content
available through the Services may contain links to other websites, which are completely independent of
our website. Our website makes no representation or warranty as to the accuracy, completeness or
authenticity of the information contained in any such site. Your linking to any other websites is at your own
risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you
may not rely on said Content, and that under no circumstances will our website be liable in any way for any
Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed
or otherwise made available via the Services. You acknowledge that our website does not pre-screen or
approve Content provided by others, but that our website shall have the right (but not the obligation) in its
sole discretion to refuse, delete or move any Content that is available via the Services, for violating the
letter or spirit of this Agreement or for any other reason.
Your interactions with organizations and/or individuals found on or through the Services, including
payment and delivery of goods or services, and any other terms, conditions, warranties or representations
associated with such dealings, are solely between you and such organizations and/or individuals. You
should make whatever investigation you feel necessary or appropriate before proceeding with any online
or offline transaction with any of these third parties.
You agree that our website shall not be responsible or liable for any loss or damage of any sort incurred as
the result of any such dealings. If there is a dispute between participants on this site, or between users and
any third party, you understand and agree that our website is under no obligation to become involved. In
the event that you have a dispute with one or more other users, you hereby release our website, its officers,
employees, agents and successors in rights from claims, demands and damages (actual and consequential)
of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way related to such disputes and / or our service.
4. PRODUCTS OR SERVICES
All purchases are final. We do not accept returns or exchanges. We reserve the right, but are not obligated,
to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may
exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or
services that we offer. All descriptions of products or product pricing are subject to change at anytime
without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any
offer for any product or service made on this site is void where prohibited. We do not warrant that the
quality of any products, services, information, or other material purchased or obtained by you will meet
your expectations, or that any errors in the Service will be corrected.
5. LIMITATION OF LIABILITY; NO IMPLIED WARRANTY
We provide the platform and all information and services for and on our website on an “as is” and “as
available” basis. If you are dissatisfied or harmed by anything relating to this site, you may leave this site
and this will terminate this Agreement and such termination will be your sole and exclusive remedy. Do
not rely on us for any result, or on information contained on this site, or on the continuation of this site. We
do not provide any express warranties or representations. Please see our Disclaimer for more detail.
Neither our website corporation nor any of its subsidiaries, affiliated companies, related web sites,
employees, shareholders, volunteers or directors (“our website Affiliates”) shall be liable for: (1) any
damages in excess of $25, or the most recent amount that you paid for pro ducts in your most recent order,
whichever amount is greater, irrespective of whether you are a consumer or user of products and services
developed and marketed by us or a 3rd party who has used this website; or (2) any special, incidental,
indirect, punitive or consequential damages or any damages from use or for loss of use, profit, revenue or
data, to you or any third person arising from your use of the Service, any platform applications or any of
the content or other materials on, accessed through or downloaded from our website even if our website is
aware or has been advised of the possibility of such damages. The limitation of liability set forth in the
preceding sentence shall:
A) apply regardless of whether you base your claim on contract, tort, statute or any other legal theory, we
knew or should have known about the possibility of such damages, or the limited remedies provided herein
fail of their essential purpose, and
B) not apply to any damage that our website Affiliates cause you intentionally and knowingly in violation
of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be derogated
from in this Agreement.
6. USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions or without a request from us you send creative
ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or
otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We
are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation
for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion
are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise
objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark,
privacy, personality or other personal or proprietary right. You further agree that your comments will not
contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other
malware that could in any way affect the operation of the Service or any related website. You may not use
a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties
as to the origin of any comments. You are solely responsible for any comments you make and their
accuracy. We take no responsibility and assume no liability for any comments posted by you or any thirdparty.
7. PERSONAL INFORMATION- PRIVACY POLICY
You are responsible to review our Privacy Policy carefully before using our website.
We collect and hold your Personal Information which may include your name, email address, phone
number, mailing address, date of birth, type of animal(s), number of animals, any medical information that
you provide, and any other information you have submitted to supply our goods and services to you. We
may also collect your bank or credit card details and details about payments you have made.
We may also collect non-personally identifiable information about you (such as anonymous usage data, IP
addresses and location, browser or platform type etc).
Platform Developers may require you to agree to their own terms of service, privacy policies and/or other
policies as a condition of using their respective Platform Applications. For a more detailed discussion of
Platform Developers, please refer to our website’s Privacy Policy.
We may share your personal data with affiliated companies within our corporate family, with third parties
with which we have partnered to allow you to integrate their services into our own Services, and with trusted
third party service providers as necessary for them to perform services on our behalf, such as:
• Processing credit card payments
• Evaluating your questionnaire
• Assessing your submitted information for any services
• Conducting contests or surveys
• Performing analysis of our Services and customers demographics
• Communicating with you, such as by way email or survey delivery
• Client relationship management
We only share your personal data as necessary for any third party to provide the services as requested or as
needed on our behalf. These third parties (and any subcontractors) are subject to strict data processing terms
and conditions and are prohibited from utilizing, sharing or retaining your personal data for any purpose
other than as they have been specifically contracted for (or without your consent).
8. PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site
or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful
acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender,
sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or
misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or
may be used in any way that will affect the functionality or operation of the Service or of any related
website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam,
phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere
with or circumvent the security features of the Service or any related website, other websites, or the Internet.
We reserve the right to terminate your use of the Service or any related website for violating any of the
prohibited uses.
9. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure
or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or
reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the
service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all
products and services delivered to you through the service are (except as expressly stated by us) provided
‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall 123 Service Dogs, our directors, officers, employees, affiliates, agents, contractors, interns,
suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect,
incidental, punitive, special, or consequential damages of any kind, including, without limitation lost
profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based
in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the
service or any products procured using the service, or for any other claim related in any way to your use of
the service or any product, including, but not limited to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their possibility. Because some
states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental
damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by
law.
10 INDEMNIFICATION
You agree to indemnify, defend and hold harmless 123 Service Dogs and our parent, subsidiaries, affiliates,
partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers,
interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by
any third-party due to or arising out of your breach of these Terms and Conditions or the documents they
incorporate by reference, or your violation of any law or the rights of a third-party.
11 SEVERABILITY
In the event that any provision of these Terms and Conditions is determined to be unlawful, void or
unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable
law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such
determination shall not affect the validity and enforceability of any other remaining provisions.
12 TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the
termination of this agreement for all purposes.
These Terms and Conditions are effective unless and until terminated by either you or us. You may
terminate these Terms and Conditions at any time by notifying us that you no longer wish to use our
Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision
of these Terms of Service, we also may terminate this agreement at any time without notice and you will
remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny
you access to our Services (or any part thereof).
13 ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms and Conditions shall not
constitute a waiver of such right or provision.
These Terms and Conditions and any policies or operating rules posted by us on this site or in respect to
the Service constitutes the entire agreement and understanding between you and us and govern your use of
the Service, superseding any prior or contemporaneous agreements, communications and proposals,
whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of these Terms and Conditions shall not be construed against the
drafting party.
14 GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you Services shall be
governed by and construed in accordance with the laws of State of ____________, United States and
Province of Ontario, Canada.
15 CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms and Conditions at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms and
Conditions by posting updates and changes to our website. It is your responsibility to check our website
periodically for changes. Your continued use of or access to our website or the Service following the posting
of any changes to these Terms and Conditions constitutes acceptance of those changes.
16 CONTACT INFORMATION
Questions about the Terms and Conditions should be sent to us at
info@123servicedogs.ca