Last Updated: 3/10/2020
Eligibility of Use
Use of Content on the Site.
PC authorizes You to view and access the content available on or from the Site exclu-sivly for your personal use. The contents of the Site (including the PC Mobile Applica-tion), such as text, images, logos, graphics, button icons, software and other content (col-lectively, “PC Content”), are protected under both United States and foreign copyright, trademark and other laws. All PC Content is the property of PC or its content suppliers or clients. The collection, arrangement, and assembly of all content on the PC Site is the exclusive property of PC and protected by U.S. and international copyright laws. Unau-thorized use of the PC Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices con-tained in the original PC Content on any copy You make of the PC Content. You may not sell or modify the PC Content or reproduce, display, publicly perform, distribute, or oth-erwise use the PC Content in any way for any public or commercial purpose. The use of the PC Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that PC creates to generate any PC Content or the pages making up any PC Site which is also protected by such copyright.
Purchases and Payment
We accept the following forms of payment: Paypal
You agree to provide current, complete, and accurate purchase and account information for all purchases of the PC Offerings made via the Site. You further agree to promptly up-date account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any ap-plicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
Electric Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing on line forms constitute electronic communications. When you access the Website, you are using the Services, or when sending e-mails to us, you are communicating with us electronically. You are consenting to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the PC Website or through any other communication tool. When you use the in-message application, you will be communicating with third parties by using this application you consent to receive electronic communications from those third parties. You agree to use the communication services only to post, send and receiver messages and material that are proper and related to the particular Communi-cation Service. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electron-ically, via email and on the Site, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to pay-ments or the granting of credits by any means other than electronic means.
You represent and warrant to PC that the information you provide to PC, including infor-mation posted in any profile you create on any Site, including any photographs, is post-ed by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and videos. You assign to PC, with full title guarantee, all copyright in your profile, your photographs or videos posted, your comments on any Site, and any additional information posted on the Site or sent to PC at any time in connection with your use of the Site or any services offered through the Site. You waive absolutely any and all moral rights to be identified as author of any such content and any similar rights in any jurisdiction in the world. In addition, other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been giv-en express written permission, you will not copy, modify, publish, transmit, distribute, per-form, display, or sell any such proprietary information. By providing to PC, including post-ing information, photographs or content on any the Site, you automatically grant, and you represent and warrant that you have the right to grant, to PC and other members of the Site, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid up, worldwide license to use, copy, perform, display, promote, pub-lish and distribute such information, content, videos and photographs and to prepare de-rivative works thereof, or incorporate such information and content into other works and to grant and authorize sub-licenses of the foregoing.
PC Site Restrictions.
You may not use any Site in order to transmit, distribute, store or destroy material, includ-ing without limitation PC Content, (a) in violation of any applicable law or regulation, (b) 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 (c) that is defamatory, obscene, threatening, abusive or hateful. You are also prohibit-ed from violating or attempting to violate the security of any Site, including, without limita-tion the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentica-tion measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, flooding, spamming, mail bombing or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. PC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. If we terminate or suspend your account for any reason, you are prohib-ited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third par-ty. In addition to terminating or suspending your account, we reserve the right to take ap-propriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
Specific Prohibited Uses
The dog posting features, trainer information, and any information of PC may not be used for unlawful purposes by individuals seeking pets or training, and breeders seek-ing to sell and market pets. You specifically agree NOT to do any of the following: (a) post any dogs or content on any Site for or on behalf of any competitor of PC or posting dogs or other content that contains links to any site competitive with PC; (b) post dogs or content on any Site that contain any hyper-links, hidden keywords or any keywords that are irrelevant to the dog or are otherwise misleading contained in a dog posting are pro-hibited; (c) post dogs for modeling or talent or talent scouting positions; (d) post or submit to any Site any incomplete, false or inaccurate information or information which is not correct; (e) send unsolicited mail or e-mail, making unsolicited phone calls or send unso-licited faxes regarding promotions and/or advertising of products or services to a user of any Site; (f) delete or revise any material posted by any other person or entity by Engag-ing in any harassing, intimidating, predatory, or stalking conduct; Impersonate any per-son or entity or otherwise misrepresent your affiliation with a person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on any Site infrastructure; (h) notwithstanding anything to the contrary contained herein, use or at-tempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Site other than the search available from PC on such Site and other than generally available third party web browsers (e.g., Google Chrome, Safari, or Microsoft Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services; (j) aggregate, copy or duplicate in any manner any of the PC content or information available from any Site; or (k) frame or link to any of PC content or information available from any Site. PC has no obligation to monitor the communications services. However, PC reserves the right to review material posted to a communication service and to remove any materials in it sole discretion. PC reserves the right to terminate your access to any or all of the communications services at any time without notice for any reason whatsoever.
(a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PC, its users, and the public. Except to provide the services offered through the Site, for marketing purposes and to the extent necessary or appropriate to comply with applicable laws. PC will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent.
Registered User Account
If you create an account on any Site, you are responsible for maintaining the confidentiality of your Site account information, including, but not limited to the username and password. You shall be responsible for all uses of your Site account and security whether or not authorized by you do not share our password with or log in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that PC will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages. You agree to immediately notify PC of any unauthorized use of your Site account.
The service is controlled, operated and administered by PC from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PC content accessed through PC in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the PC Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the PC Offerings.
The Site and the PC Content may contain inaccuracies or typographical errors. PC makes no representations about the accuracy, reliability, completeness, or timeliness of any Site or the PC Content. Changes are periodically made to Site and the services offered thereon and such changes may be made at any time.
PC DOES NOT WARRANT THAT ANY SITE WILL OPERATE ERROR-FREE OR THAT ANY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE OR THE PC CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, PC IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND PC CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. PC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. PC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE PC CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Disclaimer of Consequential Damages
IN NO EVENT SHALL PC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITH-OUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY PC SITE, THE PC CONTENT, OR ANY PURCHASE MADE ON ANY PC SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If You have a dispute with one or more other Site user(s), you release PC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. We are not responsible for interactions between users.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PC, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE A SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO PC IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
Links to Other Sites
The Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by PC of the contents on such third-party Web sites. The linked sites are not under the control of PC and PC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
The information that is provided is for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of absolute advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK. We are not responsible for your application and or follow through of the information contained within this site or its links. Therefore we cannot guarantee results.
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:
Amazon, Chewy.com, and Victory Tails Dog Training (more may be added as we build the site)
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the PC offerings, as well as data relating to your use of the PC offerings. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the PC offerings. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
Agreement to Mandatory Individual Arbitration
1. This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between You and PC, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Your relationship with PC; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
You and PC hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless You and PC agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org.
Class Action Waiver
This agreement does not allow class arbitrations and class/representatives/collective actions are not permitted. Even if the procedures or rules of the AAA would. Rather, you and PC are entitled to pursue arbitration only on an individual basis. further, and unless you and purchaser agree otherwise in writing, the arbitrator may not consolidate more than one individual party's claims with any other party's claims, and may not otherwise preside over any form of a representative or collective proceeding.
You and PC each are responsible for their respective costs relating to counsel, experts, and witnesses. This arbitration agreement does not preclude You or PC from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court. If You or PC fail to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-29 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Iowa, County, Wisconsin, unless the AAA arbitrator decides otherwise.
Small Claims Option: You may also litigate any Dispute in Small Claims Court in Iowa, County in the State of Wisconsin. if your claim meets all requirements to be heard in the small claims court. However, if you initiate a Small Claims case, you are responsible for all your court costs. Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against PC (except for small-claims court actions) may be commenced only in the federal or state courts located in Iowa County, Wisconsin. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Terms and Termination
Alterations to the Site
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site, including but not limited to content, prices, features, your account, or hours of availability, without prior notice . We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that PC will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
To contact us, please visit our Contact Page.
A CLAIM OF COPYRIGHT INFRINGEMENT
If you believe that any content on any PC Site constitutes work that is owned by you or a third party, and is displayed on such site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a PC Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.