Legal

License Agreement and Conditions of Use

Last revised on: April 4, 2022

Welcome to DoggyDay, operated by Doggy Day LLC. (“Company”, “us”, “our”, and “we”). By creating an account, accessing www.doggyday.co (the “Site”) or by downloading or using the DoggyDay mobile application, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) this License Agreement and Conditions of Use, and (ii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this “Agreement”).

THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SERVICES.  BY ACCESSING OR USING THE SERVICES, YOU ARE ACCEPTING THIS AGREEMENT (ON BEHALF OF YOURSELF AND/OR THE ENTIT(IES) THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT. YOU MAY NOT ACCESS OR USE THE SERVICES OR ACCEPT THIS AGREEMENT IF YOU ARE NOT AT LEAST 18 YEARS OLD.  IF YOU DO NOT AGREE TO ACCEPT AND BE BOUND BY ALL OF THE PROVISIONS OF THIS AGREEMENT, DO NOT ACCESS AND/OR USE THE SERVICES.

THIS AGREEMENT REQUIRES THE USE OF ARBITRATION (SECTION 10.2) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.

1. Accounts

1.1 Eligibility. You must be at least 18 years of age to create an account and use the Service. By creating an account and using the Service, you represent and warrant that:

(a) you can form a binding contract with the Company;

(b) you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction, or by the Company;

(c) you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations; and

(d) you have never been convicted of a felony and that you are not required to register as a sex offender with any state, federal or local sex offender registry.

1.2 Account Creation.  In order to use certain features of the Services, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form.  You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). Company may also suspend or terminate your Account in accordance with Section 2.3 or Section 8.

1.3 Account Responsibilities.  You may delete your Account at any time, for any reason, by following the instructions on the Site and/or mobile application.  You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account.  You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

2. Access to the Services

2.1  License.  During the term and subject to your compliance with the provisions of this Agreement, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own personal, noncommercial use (the “License”).

2.2  Certain Restrictions.  The foregoing License is subject to the following additional restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services, whether in whole or in part, or any content displayed on the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, application, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.  Unless otherwise indicated, any future release, update, or other addition to functionality of the Services shall be subject to this Agreement.  All copyright and other proprietary notices on the Services (or on any content displayed on the Services) must be retained on all copies thereof.

2.3 Modification.  The Company will make reasonable efforts to keep the Services operational. However, certain technical difficulties, maintenance or testing, or updates required to reflect changes in relevant laws and regulatory requirements, may, from time to time, result in temporary interruptions. The Company reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services (in whole or in part), with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.

2.4 No Support or Maintenance.  You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services.

2.5 Ownership.  Excluding any User Content that you may provide (defined below), you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in and/or accessible through the Services and its content are owned by Company or Company’s licensors.  Neither this Agreement (nor your access to the Services) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 2.1. Company and its licensors reserve all rights not expressly granted in this Agreement.  There are no implied licenses granted under this Agreement.

3. User Content

3.1 User Content.  “User Content” means any and all information and content that a user submits to, or uses with, the Services (e.g., content in the user’s profile or postings).  You are solely responsible for your User Content.  You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party.  You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3.3).  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company.  Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy.  Company is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.  You are solely responsible for creating and maintaining your own backup copies of your User Content if you desire.

3.2 License.  You hereby grant (and you represent and warrant that you have the right to grant) to Company an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Services.  You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.

3.3 Acceptable Use Policy.  The following terms constitute our “Acceptable Use Policy”:

(a) You agree not to: (i) upload, transmit, or distribute to or through the Services any computer viruses, worms, or any software or other malicious content intended to damage or alter a computer system or data; (ii) upload, post, email transmit or otherwise make available links to, references, or otherwise promotes commercial products or services, except as expressly authorized by the Company; (iii) use the Services to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Services, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Services (or to other computer systems or networks connected to or used together with the Services), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Services; (vi) use software or automated agents or scripts to produce multiple accounts on the Services, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Services (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Services for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file); (vii) harm minors in any way; (viii) impersonate any person or entity, including, but not limited to, a Company official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; (ix) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (x) upload, post, email, transmit, or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (xi) upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (xii) upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose; (xiii) intentionally or unintentionally violate any applicable local, state, national or international law and any regulations having the force of law; (xix) “stalk” or otherwise harass another; (xx) upload, post, email, transmit or otherwise make available any Content or, register and/or use a username which is or includes material that is offensive, abusive, defamatory, pornographic, threatening, or obscene; and/or (xxi) assist others in any of the foregoing prohibited acts.

(b) You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials (“Content“), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the Company, are entirely responsible for all Content (including User Content) that you upload, post, email, transmit or otherwise make available via the Services. The Company does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that may be offensive, indecent or objectionable. Under no circumstances will the Company be liable in any way for any Content, 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 any Content posted, emailed, transmitted or otherwise made available via the Services.

(c) Company is not responsible for the conduct of any user on or off of the Services. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the Service or meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

(d) YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT COMPANY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. COMPANY RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

3.4 Enforcement.  We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of this Agreement or otherwise create liability for us or any other person. Such action may include without limitation removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.  Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

3.5 Feedback.  If you provide Company with any feedback or suggestions regarding the Services (“Feedback”), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.  You agree that you will not submit to Company any information or ideas that you consider to be confidential or proprietary.

4. Indemnification.   You agree to appear, defend, indemnify, and hold harmless Company, its affiliates, and their respective officers, employees, and agents, including the payment of any and all costs and attorneys’ fees related thereto, from any claim or demand made by any third party due to or arising out of (a) your use of the Services, (b) your violation of this Agreement, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company, which the Company may withhold in its sole discretion.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. Third-Party Links & Ads; Other Users

5.1 Third-Party Links & Ads.  The Services may contain links to third-party websites and services, and/or display advertisements for third parties (collectively, “Third-Party Links & Ads”).  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads nor any transactions you may enter into with the provider of the Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.  You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.

5.2 Other Users.  Each user is solely responsible for any and all of its own Content.  Because we do not control user Content, you acknowledge and agree that we are not responsible for any Content, whether provided by you or by others.  We make no guarantees regarding the accuracy, currency, suitability, or quality of any Content.  Your interactions with other users are solely between you and such users.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Services user, we are under no obligation to become involved.

5.3 Release.  You hereby release and forever discharge the Company (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services (including any interactions with, or act or omission of, other Services users or any Third-Party Links & Ads).  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

6. Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND AT YOUR OWN RISK, AND COMPANY (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.  WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.  IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.  SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. 

7. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL COMPANY (OR OUR ADVERTISING PARTNERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SERVICES, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  ACCESS TO, AND USE OF, THE SERVICES IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. 

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.  YOU AGREE THAT OUR ADVERTISING PARTNERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.  

8. Term and Termination.   Subject to this Section 8, this Agreement will remain in full force and effect while you use the Services.  We may suspend or terminate your rights to use the Services (including your Account) at any time for any reason or for no reason at our sole discretion, including for any use of the Services in violation of this Agreement.  Upon termination of your rights under this Agreement, your Account and right to access and use the Services will terminate immediately and you must delete all copies of the mobile application and/or Site.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under this Agreement, including for termination of your Account or deletion of your User Content.  Even after your rights under this Agreement are terminated, the following provisions of this Agreement will remain in effect: Sections 2.2 through 2.5, Section 3 and Sections 4 through 10.
9. Copyright Policy.

Company respects the intellectual property of others and asks that users of our Services do the same.  In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our online Services who are repeat infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

• your physical or electronic signature;
• identification of the copyrighted work(s) that you claim to have been infringed;
• identification of the material on our services that you claim is infringing and that you request us to remove;
• sufficient information to permit us to locate such material;
• your address, telephone number, and e-mail address;
• a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
• a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

The designated Copyright Agent for Company is: Phoebe Yung

Designated Agent: Phoebe Yung

Address of Agent: 206 S Coronado Ave, Espanola, NM 87532

Telephone: 888-462-3253

Email: contact@doggyday.co   

10. General

10.1 Changes.  This Agreement are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us (if any), and/or by prominently posting notice of the changes on our Services.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to this Agreement will be effective upon the earlier of fifteen (15) calendar days following our dispatch of an e-mail notice to you (if applicable) or five (5) calendar days following our posting of notice of the changes on our Services.  These changes will be effective immediately for new users of our Services.  Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and be deemed an agreement to be bound by the terms and conditions of such changes.

10.2 Dispute Resolution. Please read this Arbitration Agreement carefully.  It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

(a) Applicability of Arbitration Agreement.  All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with this Agreement or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Section 10.2 (the “Arbitration Agreement”).  Unless otherwise agreed to in writing by all applicable parties, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under this Agreement.

(b) Notice Requirement and Informal Dispute Resolution.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to the address set forth in Section 10.8.  After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  In the event that this Arbitration Agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New Mexico. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.

(c) Arbitration Rules.  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Agreement.  The AAA Consumer Arbitration Rules (“Arbitration Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

(d) Additional Rules for Non-Appearance Based Arbitration.  If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

(e) Time Limits.  If you or the Company pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.

(f)  Authority of Arbitrator; Strict Construction.  If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  When conducting the arbitration proceedings and making his or her decision, the arbitrator must strictly construe the terms of this Agreement, including limitations on liability.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

(g) Limited Discovery. Discovery is not allowed in connection with any arbitration proceedings under this Arbitration Agreement, except each Party shall deliver to the other Party at least 20 days before the hearing: (i) a list of the witnesses that such Party intends to call at the hearing, setting out the name, address, and telephone number of each such witness, and (ii) a copy of any document that such Party intends to present as an exhibit at the hearing. If a Party fails to identify a witness or provide a copy of any document as set forth in the preceding sentence, then such party may not call such witness or present such documents as an exhibit.

(h) Waiver of Jury Trial.  THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

(i) Waiver of Class or Consolidated Actions.  ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. 

(j) Confidentiality.  All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(k) Severability.  If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

(l) Right to Waive.  Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

(m) Survival of Agreement.  This Arbitration Agreement will survive the termination of your relationship with Company. 

(n) Small Claims Court.  Notwithstanding the foregoing, either you or the Company may bring an individual action in small claims court.

(o) Emergency Equitable Relief.  Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

(p) Claims Not Subject to Arbitration.  Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

(q) Courts.  In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within New Mexico, for such purpose.

10.3 Export. The Services may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

10.4 Disclosures.  Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

10.5 Electronic Communications.  The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.

10.6 Entire Agreement. This Agreement constitutes the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”.  If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign this Agreement.  The terms and conditions set forth in this Agreement shall be binding upon assignees.

10.7 Copyright/Trademark Information.  Copyright © 2023 Doggy Day LLC. All rights reserved.  All trademarks, logos and service marks (“Marks”) displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

10.8 Contact Information:

Doggy Day LLC

206 S Coronado Ave, Espanola, NM 87532

Telephone: 888-462-3453

Email: phoebe@doggyday.co

11. Purchases and Refunds

11.1 In-App Purchases Generally. From time to time, Company may offer products and services for purchase (“in app purchases”) through iTunes, Google Play or other application platforms authorized by Company (each, a “Software Store”). If you choose to make an in app purchase, you will be prompted to enter details for your account with your Software Store (“your IAP Account”), and your IAP Account will be charged for the in app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your IAP Account. Some Software Stores may charge you sales tax, depending on where you live. If you purchase an auto-recurring periodic subscription through an in app purchase, your IAP Account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your IAP account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the mobile application from your device. Deleting your account or deleting the mobile application from your device does not cancel your subscription; Company will retain all funds charged to your IAP Account until you cancel your subscription through your IAP Account.

11.2 Virtual Items. From time to time, you may be able to purchase, with “real world” money, a limited, personal, non-transferable, non-sublicensable, revocable license to use “virtual items” (collectively, “Virtual Items”). You are only allowed to purchase Virtual Items from us or our authorized partners through the Service and not in any other way. Virtual Items represent a limited license right governed by this Agreement. Except as otherwise prohibited by applicable law, Virtual Items obtained by you are licensed to you, and you acknowledge that no title or ownership in or to Virtual Items is being transferred or assigned to you. This Agreement should not be construed as a sale of any rights in Virtual Items. Any Virtual Item balance shown in your account does not constitute a real-world balance or reflect any stored value, but instead constitutes a measurement of the extent of your license. Virtual Items do not incur fees for non-use, however, the license granted to you in Virtual Items will terminate in accordance with the terms of this Agreement, when Company ceases providing the Service or your account is otherwise closed or terminated. Company, in its sole discretion, reserves the right to charge fees for the right to access or use Virtual Items and/ or may distribute Virtual Items with or without charge. Company may manage, regulate, control, modify or eliminate Virtual Items at any time. Company shall have no liability to you or any third party in the event that Company exercises any such rights. The transfer of Virtual Items is prohibited, and you shall not sell, redeem or otherwise transfer Virtual Items to any person or entity. Virtual Items may only be redeemed through the Service. ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICE ARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items for use in the Service is a service provided by Company that commences immediately upon the acceptance of your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT COMPANY IS NOT REQUIRED TO PROVIDE A REFUND FOR ANY REASON, AND THAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMS WHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

11.3 Payment. If you choose to make a purchase through the Services, you agree to pay Company all charges at the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments, and you authorize Company to charge your chosen payment provider (your “Payment Method”). Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, Company may terminate your account immediately in its sole discretion. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method.

11.4 Subscriptions. If you purchase a subscription, your subscription will continue indefinitely until canceled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing, until you cancel. You agree that your account will be subject to this automatic renewal feature. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.

For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Company) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.

11.5 Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in your jurisdiction provide for refunds. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

Live Event Agreement

This Live Event Agreement supplements and is subject to the License Agreement and Conditions of Use (collectively, the “Agreement”) between you and the Company. All capitalized terms that are not otherwise defined in this Live Event Agreement have the definition set forth in the License Agreement and Conditions of Use.

1. The Event. The Company and its affiliates and suppliers may organize live, in-person events for users of its Services where dogs and other animals may also be present (each an “Event”). Your ticket or other authorization to attend or participate in any Event is non-transferrable. 
2. Scheduling; Changes. All advertised times for the Event are approximate and subject to change. It is your responsibility to make appropriate arrangements to ensure that you arrive at the venue in sufficient time in case the Event starts early and to ensure that you are able to stay until the close of the Event should you wish to if it overruns. We will not be responsible to make any refund or meet the costs of any alternative travel arrangements or for any loss of enjoyment or other indirect loss as a result of an Event not running to the precise advertised times. It is your responsibility to check that the Event has not been cancelled, rescheduled, or otherwise changed. Information on such matters will be made available on behalf of the Company as soon as reasonably practicable on the Company’s website and/or at the venue. But the website cannot always be updated immediately and circumstances giving rise to cancellation, postponement, or other changes can sometimes arise immediately prior to an Event.
3. Conduct; Searches. You must comply with any and all instructions given to you by the Company and/or all venue stewards and staff at the Event. You must observe and comply with safety advice, venue signage, and “No Smoking” areas where relevant. Normal statutory rules and regulations apply and should be observed at the Event, and failure to do so may result in ejection from the Event. The Company reserves the right to refuse you entry to and/or eject you from the Event. In particular but without limitation you may be refused admission to or removed from the Event for any of the following reasons: for health and safety or licensing reasons; if you behave in a manner which has or is likely to affect the enjoyment of other persons at the Event; if you use threatening, abusive or insulting words or mannerisms; if, in the Company’s reasonable opinion, you are acting under the influence of alcohol or drugs; or if you breach the Agreement. You and your belongings may be searched on entry to the Event. You consent to such searches and waive any related claims that may arise. If you elect not to consent to such searches, you may be denied entry to the Event without refund or other compensation. Under certain facility rules, certain items may not be brought into the premises, including without limitation, alcohol, drugs, controlled substances, cameras, recording devices, laser pointers, strobe lights, irritants (e.g., artificial noisemakers), weapons, and containers.
4. Likeness. By attending the Event, you give your express consent to your actual or simulated likeness being included within any film, photograph, audio and/or audiovisual recording to be exploited in any and all media for any purpose at any time throughout the world, the copyright to which shall be owned by the Company without payment or compensation. If you attend an Event with your child aged under 18 years you give the foregoing your express consent on their behalf (where children are allowed event entry). This includes filming by the police or security staff that may be carried out for security purposes.
5. Liability. You attend the Event at your own risk. You acknowledge that dogs and other animals may be present at the event, and, by attending the event, you expressly assume the risk that such dogs or animals may bite or otherwise injure you or your dog or other animal. You voluntarily assume all risks and danger incidental to the event for which the ticket is issued, whether occurring before, during or after the Event, and you waive any claims for personal injury or death against us, management, facilities, other participants, and all of our respective parents, affiliated entities, agents, officers, directors, owners, employees, and agents on behalf of yourself and any accompanying minor. To the greatest extent permitted by law, you will appear, defend, indemnify, and hold harmless the Company for any and all injuries and damages from other attendees and their dogs and other animals. The Company will not have any liability to you whatsoever for loss or expenses incurred in connection with the Event or any cancellation of the Event, including, without limitation, costs of any personal travel, accommodation or hospitality arrangements made relating to the Event or the cancellation of the Event. In no event will Company be liable to you for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost profits, even if Company has been advised of the possibility of such damages.

PRIVACY POLICY

This privacy policy (“Privacy Policy”) explains our information collection practices at www.doggyday.co, other websites owned by us and our other interactive properties, including but not limited to our mobile websites and applications (each, a “Service” and collectively, the “Services”) and through offline means. It explains the types of information we collect regarding users of the Services and subscribers to our services and how we may use that information so you can make an informed decision about whether to view the content and/or use our Services. Thus this Privacy Policy applies to information we collect via (1) the Services (however accessed and/or used, whether via personal computers, mobile devices or otherwise); (2) email or electronic newsletters; (3) offline means such as telephone and traditional mail; and (4) any other means or applications in which you connect with us.

This Privacy Policy is incorporated into and subject to the Services’ License Agreement and Conditions of Use (the “Agreement”).  Each time that you access or use the Services you signify that you have read, understand, and agree to be bound by the Agreement, and this Privacy Policy. If you do not agree to the Agreement and this Privacy Policy, you must discontinue using our Services.  The purchase and receipt of specific Services may require acceptance of and adherence to additional terms and conditions.

1. INFORMATION THAT IS COLLECTED

When you provide us with contact or other information in connection with a particular activity, product or service, including your email address or telephone number, you expressly consent to our communicating with you about our products or services using the information you provided to us. You also attest that you have the legal authority over any telephone number you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.

(a) Information You Provide To Us

Personal Information. We may ask you to provide us with certain categories of information, including information that could reasonably be used to identify you personally, such as your name, gender, e-mail address, date of birth, physical address (or elements thereof such as zip code and state). We may collect this information through various forms and in various places on the Services, including goods and services purchase forms, account registration forms, contact us forms or when you otherwise interact with us.

Billing and Credit Card Information. To enable payment for goods and services, we collect and store billing and credit card information. This information will only be shared with third parties who perform tasks required to complete the purchase transaction. Examples of this include fulfilling orders and processing credit cards.

Social Networking Services. You may be given the option to link your account on a third party social networking service. In that case, the authentication of your login credentials are conducted through that third party service provider. When you link your social networking accounts with Services or engage with Services thorough third party social media platforms, you understand that you may be allowing us ongoing access to certain information stored on those social networking media platforms. In addition, as you interact with the Services, you may also be providing information about your activities to the third-party social networking services. You should make sure that you are comfortable with the information your third party social networking services may make available to us by visiting those services’ privacy policies and/or modifying your privacy settings directly with those services. We reserve the right to use, transfer, assign, sell, share and provide access to all information that we receive through third party social networking services in the same ways described in this Privacy Policy. You agree that we shall not be liable for the use by social networking services of any information.

 (b) Information Collected As You Access and Use the Services

In addition to any personal information or other information that you choose to submit to us, we and our third-party service providers and advertisers on the Services may use a variety of technologies (including cookies, flash cookies, web beacons/GIFs, embedded scripts) (“Tracking Technologies”) that automatically (or passively) collect certain information whenever you visit or interact with the Services (“Usage Information”). This Usage Information may include the browser that you are using, the URL that referred you to our Services and all of the areas within our Services that you visit, among other information. We may use Usage Information for a variety of purposes. In addition, we collect your IP address or other unique identifier (“Device Identifier”) for your computer or other device used to access the Services (any, a “Device”). A Device Identifier is a number that is automatically assigned to your Device used to access the Services, and our computers identify your Device by its Device Identifier. If you accessed content through an email account, a third-party provider may make a “hash” of your email address, which is a bit of text that uniquely identifies the email address but is designed to prevent reverse engineering so that the email address is not revealed (“Hash”).

Information gathered from your use of the Services may be combined with information from third party sources to identify your location by state and region (“Region Location”). More specific information about your geographic location may be collected for certain Services (“Geolocation”), as more clearly spelled out in this policy.

A few of the Tracking Technologies that may be used to collect Usage Information include, without limitation, the following:

Cookies. A cookie is a data file placed on a Device when it is used to visit the Services. We use cookies to collect information for record keeping purposes, to make it easier to navigate the Services and for other purposes, as described further in this Privacy Policy. Cookies are stored on users’ hard drives. We use both “session ID cookies” and “persistent cookies.” Session ID cookies are used to store information while a user is logged into the Services and expire when the user closes his/her browser. Persistent cookies are used to make tasks like logging into the Services easier for returning users by remembering a user’s login information. Persistent cookies stay on a user’s hard drive from one session to the next. “Flash cookies,” known as local shared objects, are data files placed on a Device via the Adobe Flash plug-in that may be built-in to or downloaded by you to your Device to personalize your visit. Our third-party service providers also may use Flash cookies to collect and store information. Flash cookies are different from standard browser cookies because of the amount of, type of, and how data is stored. Cookies may be used for many purposes, including, without limitation, remembering you and your preferences and tracking your visits to our web pages. You can choose to have your computer warn you each time a persistent or session cookie is being sent, or you can choose to turn off such cookies through your browser settings. Each browser is a little different, so look at your browser Help menu to learn the correct way to modify your cookies. However, cookie management tools provided by your browser will not remove Flash cookies. To learn how to manage privacy and storage settings for Flash cookies, please click www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager.html. If you choose to disable cookies on your Device, some features of the Services may not function properly.

Web Beacons. Small graphic images or other web programming code called web beacons (also known as “1×1 GIFs” or “clear GIFs”) may be included in our web pages and messages. Web beacons may be invisible to you, but any electronic image or other web programming code inserted into a web page or e-mail can act as a web beacon. Web beacons or similar technologies may be used for a number of purposes, including, without limitation, to count visitors to the Services, to monitor how users navigate the Services, to count how many e-mails that were sent were actually opened or to count how many particular articles or links were actually viewed.

Embedded Scripts. An embedded script is programming code that is designed to collect information about your interactions with the Services, such as the links you click on. The code is temporarily downloaded onto your Device from our web server or a third party service provider, is active only while you are connected to the Services, and is deactivated or deleted thereafter.

HTML5. We use HTML5 in the DoggyDay mobile website and certain mobile applications for the iphone or ipad (and any other Apple iOS device). HTML5 has browser web storage that does not rely on traditional browser cookies. Like Flash cookies, HTML5 cookies are not stored in a browser “cookies” file and, like Flash cookies, can be used to track users across websites. To our knowledge there is currently no known way for a user of a mobile device to remove HTML5 tracking and storage.

Geolocation Applications. For certain of the mobile Services, we may, and may enable a third party such as an advertiser to, ask you if you wish us to collect your geolocation in order provide you with information about goods and services within your geographic location. If you agree to have your geolocation collected, we and the third party, if applicable, will maintain information about your geolocation to facilitate your searching or implement other functionality in the Services, such as to serve targeted advertising. In addition, when you have geolocation software running on your mobile phone, computer or other Device, we may collect that information as controlled by your privacy settings on those Devices.

(c) Information We Collect from Third Parties

We may acquire information from other trusted sources to update or supplement the information that you provided or we collected automatically, such as information to validate or update your address or other demographic information and lifestyle information. We use this information to help us maintain the accuracy of the information we collect, to target our communications so that we can inform you of products, services and offers that may be of interest, and for internal business analysis or other business purposes. We may also acquire information from other sources about your visits over time and across other third-party web sites, in order to serve more targeted advertising to you on the Services.

2. HOW WE USE AND SHARE THE INFORMATION COLLECTED

(a) Provide, Manage and Improve our Services

We use the information that we collect and obtain to provide our goods and services, to administer the Services and for other lawful business purposes.

We may provide access to information, including personal information, to certain vendors that are performing services on our behalf, including fulfilling purchase orders, managing our email lists and sending email messages on our behalf, processing payments, providing customer support and performing other administrative services. These service providers are provided access to this information only for the purpose of carrying out the services on our behalf.

We may also use the information that we collect and obtain about you to measure and improve our Services, to customize certain features of the Services, to deliver relevant content and to provide you with an enhanced experience based on the type of device you are using. We also use the information collected to serve advertising on the Services that we believe is most likely to be of interest to you.

(b) Transactional Communications.

We may send you notices from time to time relating to your account, your purchases, and other products and services you have requested or in which you are currently enrolled. These may include order confirmations, renewal notices, invoices or customer service notifications. We may also send you service-related announcements when it is necessary to do so; for instance, if our service is temporarily suspended for maintenance, or the delivery of a product is delayed or there is some service issue with something you may have ordered.

(c) Email Newsletters.

We may send you our email newsletter(s). If you wish to unsubscribe from our email newsletter(s), simply follow the unsubscribe instructions at the bottom of the email newsletter.

(d) Email Marketing Offers.

We may send you promotional emails or similar messages regarding special offers about our products and services or on behalf of third party marketing partners who we think can offer services and products of interest to you. We may also share your name and email address and certain other information, such as when you first subscribed, with reputable companies that provide marketing offers through email. If you do not want us to send you emails regarding special promotions or offers or share your Personal Information with other companies so that they can send you email offers, simply follow the unsubscribe instructions that are located at the bottom of those emails. Please note that even if you opt out of receiving promotional e-mails, we may continue to send you electronic service notifications that are related to your account(s) and other products and services you have requested or in which you are currently enrolled.

(e) Direct Mail Marketing Offers.

We may send you offers through direct mail that we feel might be of interest to you and/or share your name and mailing address and certain other information, such as when you first subscribed, with reputable companies that provide marketing offers through direct mail. If you do not want us to send you any offers from third parties through direct mail or share your Personal Information with other companies so that they can send you direct mail offers about their products and services, please write to us at the street address set forth at the end of this document or click here. Please note that even if you opt out of receiving promotional direct mail offers, we may continue to send you service notifications by direct mail that are related to your account(s) and other products and services you have requested or in which you are currently enrolled.

(f) User Surveys.

We may collect Personal Information from you in connection with voluntary surveys about your readership of our publication, your household/personal characteristics and your purchase behavior. The information you provide in response to optional survey questions will only be shared in the aggregate with advertisers and partners unless we notify you otherwise at the time of collection. You may always elect not to receive any surveys from us by following the unsubscribe instructions located at the bottom of any survey.

(g) Use of Tracking Technologies (e.g., Cookies) by Third Party Service Providers; Advertising

We may work with third parties to provide the Services. For example, we use analytics services supported by third-party companies to perform analytics and track trends. We work with other third parties to provide certain functionalities on the Services and to improve the effectiveness of the Services and its content. Those third-party companies may use Tracking Technologies to collect and store information about you and your usage of the Services and may combine this information with information they collect from other sources.

If you access the Services through a mobile device or app, we may also share your information with mobile carriers, operating systems and platforms.

We may use Tracking Technologies to collect information about your usage of the Services to deliver ads that are relevant to you. We may use information about your visits over time and across the Services and other third-party web sites, as well as information received from other sources, in order to serve more targeted advertising to you on the Services.

To provide ads on the Services, we use a variety of third-party advertising service providers, including networks, data exchanges, ad servers, analytics providers and others. These third parties may use technology to send, directly to your Device, the advertisements and links that appear on the Services. They automatically receive your Device Identifier when this happens. Their tools may also limit the number of times you see the same ad on an Services and help measure the effectiveness of advertising campaigns. The third-party service providers, as well as the advertisers themselves, may collect and use information about your visits over time and across the Services and other third-party web sites, as well as information received from other sources, in order to serve more targeted advertising to you on the Services. Third parties may also use information gathered from your usage of the Services to serve targeted advertisements to you on third party websites and applications. Google is one of the companies that we use to serve advertising and perform analytics on some of the Services. We and third-party vendors, including Google, use first-party cookies (such as the Google Analytics cookie) and third-party cookies (such as the DoubleClick cookie) together to help implement the above uses of your information. We also use Google Analytics along with audience data (such as age, gender and interests of users) to help understand users’ visits to the Services and to optimize the content that we serve to users.

To learn about Google Analytics’ currently available opt-outs for the Web, click here. To learn more about how Google use cookies in advertising, you can visit the Google ad and content network privacy policy located here. You can opt out of receiving interest-based Google Ads, or customize the Ads Google shows you, by clicking here.

We do not control Tracking Technologies used by third parties, and their use may be governed by the privacy policies of the third parties employing the Tracking Technologies. You should consult the respective privacy policies of these third parties to see your options for opting out of their use of such devices. If you would like more information regarding which third party companies we use to provide advertising and other services and who may be serving cookies or using other Tracking Technologies on the Services, please click here.

(h) Browser Do Not Track Signals

Some third party browsers provide “do not track” machine readable signals for websites which are automatically applied by default and therefore do not necessarily reflect our visitor’s choice as to whether they wish to receive advertisements tailored to their interests. As a result we do not respond to these signals.

(i) Co-branded Areas.

Certain areas of the Services may be provided to you in association with third parties, such as retailers, sponsors or advertisers (“Co-Branded Areas”), and may request that you disclose Personal Information. Such Co-Branded Areas will identify the third party. If you elect to register for or purchase products and/or services at Co-Branded Areas, you may be providing your information to both us and the third party. Your personal information will be subject to this Privacy Policy as well as the privacy policy and practices of such third party. We are not responsible for the privacy policy or practices of such third party. You should consult the respective privacy policies of those third parties to learn more about their privacy practices.

(j) Sweepstakes, Contests and Promotions.

We may offer sweepstakes, contests, and other promotions (any, a “Promotion”) that may require registration. By participating in a Promotion, you are agreeing to official rules that govern that Promotion. If you choose to enter a Promotion, Personal Information may be used and disclosed as set forth in this Privacy Policy, as well as in connection with the administration of such Promotion and as required by law or permitted by the Promotion’s official rules.

(k) Administrative and Legal Reasons.

We may access, use, preserve, transfer and disclose your information (including Personal Information), including disclosure to third parties: (i) to satisfy any applicable law, regulation, subpoenas, governmental requests or legal process if in our good faith opinion such is required or permitted by law; (ii) to protect and/or defend the Services’ Terms & Conditions or other policies applicable to the our Services, including investigation of potential violations thereof; (iii) to protect the safety, rights, property or security of the Services or any third party; and/or (iv) to detect, prevent or otherwise address fraud, security or technical issues. Further, we may use Device Identifiers and other information to identify users, and may do so in cooperation with third parties such as copyright owners, internet service providers, wireless service providers and/or law enforcement agencies, including disclosing such information to third parties, all in our discretion. Such disclosures may be carried out without notice to you.

(l) Sale or Transfer of Business or Assets.

We may share your information, including your Personal Information and Usage Information with our parent, subsidiaries and affiliates for internal business purposes. In addition, in the event that we, or any of our businesses, are sold or disposed of as a going concern, whether by merger, sale of assets or otherwise, or in the event of an insolvency, bankruptcy or receivership, Personal Information may be one of the assets sold or merged in connection with that transaction. Information about our visitors and registered users may also need to be disclosed in connection with a commercial transaction where we or any one of our businesses are seeking financing, investment, support or funding. In such transactions, use of such information will be subject to the rights and obligations as described in this Privacy Policy.