Contract of Use


Last updated on March 27th 2017


PLEASE READ THIS CONTRACT OF USE CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.

This document, together with the Privacy Policy and any other policies or guidelines posted at www.dogtimecommunity.com (the “Agreement”) is a contract between you (“you”) and Dogtime Community ("the company", "the website", "we", "our" or "us") concerning the conditions associated with your use of the website www.dogtimecommunity.com and/or of the services offered within such website (the “Service”). Please read all of the following terms and conditions carefully before using the Service. By using or accessing the Service, you agree to all the terms and conditions stated in this Agreement. If, at any time, you do not or cannot agree to the terms of this Agreement, you must stop accessing or using the Service.

Definitions

The following definitions, in addition to those set out herein, apply in these Terms and Conditions:

"Owner" - Someone who has a dog on the Dogtime Community website.

"Dog Lover" - Someone who borrows a dog that is part of the Dogtime Community website.

Pledges

If you are an Owner, you pledge that you will provide accurate and up-to-date information about you and your dog and that your dog is safe and in good health for borrowing by a Borrower. If you are a Dog Lover, you pledge that you will provide accurate and up-to-date information about you and your experience with dogs and that, when entrusted with a dog, you will use your best efforts to care for the dog, keep the dog on its lead (unless you have written permission from the Owner to let the dog off the lead and that you are in a place where it is legal to let a dog off-lead) and follow any instructions provided by the Owner regarding care of the dog. YOU ALSO ACKNOWLEDGE THAT YOU WILL BE RESPONSIBLE FOR THE SAFETY AND WELL-BEING OF THE DOG DURING SUCH TIME. In addition, the Company makes no representations or warranties or gives no other assurances regarding the behavior of any other user of the Service or any of their animals. You acknowledge and agree that you engage in activities and events sponsored or developed or otherwise organized through the Services (and your animals engage with other animals and events through such activities and events) of your own volition and entirely at your own risk. The Company is not responsible in any way for any injury or other damage (including death) to you or to your animals. THE ABOVE PLEDGES ARE MADE AS BETWEEN THE OWNER AND THE DOG LOVER, AND ARE NOT GUARANTEED BY DOGTIME COMMUNITY. In no event shall Dogtime Community be responsible or liable to you as a result of the failure of an Owner or Dog Lover (as applicable) to comply with the above pledges.

Terms of Use

THE SITE IS INTENDED SOLELY FOR PERSONS WHO ARE 18 YEARS OF AGE OR OLDER. Any access to or use of the Site by anyone under 18 is expressly prohibited. By accessing or using the Site, you represent and warrant that you are 18 or older.

​ Conditions relating to use of the Service You need a supported Web browser to access the Service. You acknowledge and agree that may cease to support a given Web browser and that your continuous use of the Service will require you to download a supported Web browser. You also acknowledge and agree that the performance of the Service is incumbent on the performance of your computer equipment and your Internet connection. You are solely responsible for managing your account and password and for keeping your password confidential. If you have forgotten your password, click on the "Forgot Password?" link and follow the on-screen instructions. You are also solely responsible for restricting access to your account. ​

You agree that you are responsible for all activities that occur on your account or through the use of your password by yourself or by other persons. If you believe that a third party obtained or guessed your password, use the password regeneration feature of the Service as soon as possible to obtain a new password. In all circumstances, you agree not to permit any third party to use or access the Service. As a condition to your use of the Service, you agree not to: (a) Impersonate or misrepresent your affiliation with any person or entity; (b) Access, tamper with, or use any non-public areas of the Service or ’s computer systems; (c) Attempt to probe, scan, or test the vulnerability of the Service or any related system or network or breach any security or authentication measures used in connection with the Service and such systems and networks; (d) Attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Service; (e) Harm or threaten to harm other users in any way or interfere with, or attempt to interfere with, the access of any user, host or network, including without limitation, by sending a virus, overloading, flooding, spamming, or mail-bombing the Service; (f) Provide payment information belonging to a third party; (g) Use the Service in an abusive way contrary to its intended use, to its documentation or to ’s reasonable instructions; (h) systematically retrieve data or other content from the Service to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise; (i) Infringe third party intellectual property rights when using or accessing the Service. ​

Please consult http://dogtimecommunity.com for more information on the pricing and features of our different subscription plans. You acknowledge being bound by the terms and conditions of the subscription plan you have selected. grants you the personal, non-transferable, non-exclusive, revocable and limited right to access and use the Service for your own personal purposes as an individual consumer. ​

You agree that we may at any time modify the pricing scheme and/or fees attached to the subscription plan and your continuing use or access of the Service shall be deemed to constitute acceptance of such new pricing scheme or fee, will have the right to investigate and prosecute violations of any of the above, including without limitation possible infringement of any intellectual property rights and possible security breaches, to the fullest extent of the law. may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. you acknowledge that, although has no obligation to monitor your access to or use of the Service, it has the right to do so for the purpose of operating the Service, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. ​

Fees and Payment shall charge all applicable fees on the credit or debit card or PayPal account associated to your account. You are responsible for providing valid credit card information. You may modify this information at any time by accessing the “Credit Card” section of the Service. You must update your credit card information if your credit card information changes. accepts no liability to complete any transaction which cannot be cleared by our payment processor, whether because there are no sufficient funds available on your credit card or otherwise. If such situation would occur, you will receive an error message from the Service and the transaction will be denied. Moreover, may suspend your account and contact you so you can provide with valid alternative credit card information. Such suspension shall not relieve you from your obligation to pay any fees owed to . ​

All monies stipulated in this Agreement and in the Service are expressed in Canadian dollars and include all applicable taxes. ​

Termination You may cancel your individual account at any time by cancelling your account subscription inside the MY PROFILE tab. We also reserve the right to suspend or end the Service at any time at our discretion and without notice. For example, we may suspend or terminate your use of the Service if you are not complying with the present Agreement, or use the Service in a manner that would cause legal liability, disrupt the Service or disrupt others' use of the Service. We reserve the right to terminate and delete your account if you haven't accessed the Service for 12 consecutive months. ​

We reserve the right to temporarily or permanently discontinue the Service at any time. We will deploy commercially reasonable efforts to notify you of such discontinuation. If you breach this Agreement, we will have the right to terminate this Agreement immediately, without notice, and to deactivate your account. ​ Proprietary Rights All right, title, and interest in and to the Service are and will remain the exclusive property of Dogtime Community and its licensors. The Service is protected by copyright, trademark, and other domestic and foreign laws concerning intellectual property. Except as expressly permitted in this Agreement, you may not reproduce, modify, or create derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use or commercially exploit the Service. ​

Disclaimer of Warranty and Limitation of Liability TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, WE MAKES NO WARRANTY OR REPRESENTATION REGARDING THE SERVICE, INCLUDING THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL WORK IN COMBINATION WITH ANY HARDWARE OR SOFTWARE PROVIDED BY THIRD PARTIES, THAT THE SERVICE WILL BE UNINTERRUPTED, WITHOUT PROBLEMS OR ERROR FREE, OR THAT ALL ERRORS IN THE SERVICE WILL BE CORRECTED. WE PROVIDE THE SERVICE “AS IS” AND “AS AVAILABLE”. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, DOGTIME COMMUNITY WARRANTIES AND REMEDIES (IF ANY) EXPRESSLY SET FORTH HEREIN ARE EXCLUSIVE AND ARE IN LIEU OF ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTE, CUSTOM, ORAL OR WRITTEN STATEMENTS OR OTHERWISE, INCLUDING, BUT NOT LIMITED, TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, AVAILABILITY, PERFORMANCE, COMPATIBILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, CORRESPONDENCE WITH DESCRIPTION AND NONINFRINGEMENT, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL DOGTIME COMMUNITY AND ITS SUPPLIERS OR LICENSORS HAVE ANY LIABILITY, WHETHER BASED IN CONTRACT, DELICT OR TORT (INCLUDING NEGLIGENCE) OR STRICT LIABILITY, FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR LOSS OF REVENUE OR PROFITS, LOSS OF BUSINESS OR GOODWILL, LOSS OR CORRUPTION OF, OR UNAUTHORIZED ACCESS TO, OR DISCLOSURE OF INFORMATION OR DATA OR OTHER FINANCIAL LOSS ARISING OUT OF OR IN CONNECTION WITH THE USE, PERFORMANCE, FAILURE, OR INTERRUPTION OF THE SERVICE, WHETHER FORESEEABLE OR NOT, AND EVEN IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT THAT DOGTIME COMMUNITY IS FOUND LIABLE TO PAY YOU ANY DAMAGES, DOGTIME COMMUNITY’S TOTAL CUMULATIVE LIABILITY TO YOU UNDER THIS AGREEMENT SHALL NOT EXCEEED $100. THE ABOVE LIMITATIONS OF LIABILITY WILL NOT BE AFFECTED IF ANY REMEDY PROVIDED HEREIN SHALL FAIL ITS ESSENTIAL PURPOSE. ​

Indemnification You agree to defend, indemnify, and hold harmless Dogtime Community, its officers, directors, affiliates, employees and agents, from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your access to or use of the Service. ​

Amendments may amend this Agreement or any section of this Agreement, in whole or in part, at any time. Each such amendment (i) will be communicated to you at least 30 days before its coming into force; (ii) set out the new section only, or an amended section along with the section as it read formerly; (iii) set out the date the amendment comes into force; and (iv) if the amendment entails an increase in your obligations or a reduction in ’s obligations, give you the right to refuse any amendment and terminate this Agreement without cost, penalty or cancellation indemnity by sending a notice to that effect no later than 30 days after the amendment comes into force. In order to send such a notice, click on the “I Do Not Agree” when the amendment is communicated to you. Refusing an amendment entails the termination of this Agreement, the automatic deactivation of your account and denial of access to the Service. ​

General Provisions This Agreement shall be governed by and construed by the laws of the Province of Quebec, Canada and the laws of Canada applicable to contracts between Quebec residents and to be performed in Quebec. Parties hereby irrevocably submit and attorn to the jurisdiction of the Courts of the district of Montreal, Province of Québec. ​

This Agreement is the entire and exclusive agreement between Dogtime Community and you regarding the Service, and this Agreement supersedes and replaces any prior agreements between Dogtime Community and you regarding the Service. You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder to any third party without the prior written consent of Dogtime Community which consent is within Dogtime Community’s sole discretion. No assignment or delegation by you shall relieve or release you from any of its obligations under this Agreement. Subject to the foregoing, this Agreement shall be binding upon, inure to the benefit of, and be enforceable by each of the Parties and their respective successors and assigns. Dogtime Community shall be allowed to assign this Agreement to any third party without requiring your consent. Nothing in this Agreement shall constitute a partnership or joint venture between you and . If a particular provision of this Agreement is held to be invalid by a court of competent jurisdiction, the provision shall be deemed severed from this Agreement and shall not affect the validity of this Agreement as a whole. The Parties have expressly requested that this Agreement be drawn up in English and that all modifications thereof can be made in this language. Les Parties ont expressément demandé que ce contrat soit rédigé en anglais et que toute modification à celui-ci puisse se faire également dans cette langue. ​

Contact ​

If you have any concern, question or complaint regarding this Agreement, please contact us at: Dogtime Community 1250 Guy Street, 6th Floor contact@dogtimecommunity.com Sunday April 16th, 2017. The current Agreement last update was Sunday April 16th, 2017.