Urban K-9 Terms and Conditions
These terms (the “Terms”) govern, among other things, (A) your access and use of any website (each a “Website”) operated by Urban K-9, LLC or any of its subsidiaries, divisions, or affiliates (collectively, “Urban K-9,” “we,” “us,” or “Company”) and (B) the Urban K-9 dog training and boarding services described on the Website (each a “Service” and collectively, the “Services”). You agree, without limitation or qualification, to be bound by these Terms, which is incorporated herein by reference, by accessing or using the Website; by enrolling, purchasing, scheduling or otherwise agreeing to participate in a Service; or otherwise providing assent. If you do not accept, please do not access or use the Website, purchase a Service or otherwise assent.
The Company may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Website and/or enrolling, purchasing, scheduling or otherwise agreeing to participate in a Service. You agree to comply with all applicable laws and regulations. The materials provided on or through the Website are protected by law, including, but not limited to, United States copyright laws and international treaties. The terms “you,” “your,” “user,” and “users,” as used herein, refer to all individuals and/or entities accessing or using the Website for any reason; enrolling, purchasing, scheduling or otherwise agreeing to participate in a Service; or otherwise providing assent.
Urban K-9 Dog Training and Boarding Service Terms
By enrolling, purchasing, scheduling or otherwise agreeing to participate in a Service, you, the participant, represent that you are the legal owner of your dog and you are aware that participation in any Service may result in illness, accident, injury, death to you or your dog, and/or escape of your dog. You agree you are aware of these risks and dangers and assume all responsibility for them. In addition, you assume full responsibility for damages and injuries (a) to your dog, (b) caused directly or indirectly by your dog, and/or (c) to other individuals or pets, which are connected with the Service, whether on or off Urban K-9’s premises. For “boarding” and “board and train” Services, dogs are boarded by Urban K-9 and you agree to hold Urban K-9 and its respective members, officers, directors, employees, contractors, agents and assigns harmless for any loss or damage from diseases, death, escape, theft, fire, injury to persons, other animals or property by your dog or other causes beyond Urban K-9’s control.
Registration for the Services is on a first come, first serve basis once the relevant fees and client agreements are received. Fees for the dog training classes and private lessons are non-refundable and non-transferable to either boarding or “board and train” services. Fees for the dog training classes are non-refundable and non-transferable to private lessons, except that you can request a fee credit to another class of your choice that is scheduled up to six months from the date of your purchase. Any Service purchased by you must be used by you within six months after such purchase. All Services are subject to sales tax of 8.875%. Any credit card chargeback or other payment processing fees are your responsibility.
We reserve the right to remove you and your dog from a Service, and terminate such Service without refund if you fail to abide by the rules established by Urban K-9 during the Service. In the trainer’s judgment, if you abuse the dog or cannot control the dog, or the dog displays dangerous behavior, you will be removed from the Service.
If minimum enrollment for a class is not met, you will be notified 24 hours prior to the class start date by email or telephone. Your start date may be pushed out by 1-2 weeks. You will be offered the option to enroll in another class if needed, or receive credit toward another class.
In the event of a weather cancelation, you will be notified a minimum of 1 hour prior to your class start time via email and these cancelations will be listed on the website home page. It is a good idea to check your email prior to heading out during excessive rain / flooding or heavy snow. You will be notified by your trainer of the make-up class schedule.
You consent to the photography, videotaping and audio- and video-recording of dog training classes, and Urban K-9’s display, replay, release, publication, exhibition, or reproduction of such content including images or recordings of you and/or your dog, if applicable, and for the same to be used by Urban K-9 on a perpetual, irrevocable, worldwide and nonexclusive basis (including by Urban K-9’s vendors and strategic counterparties, and each of their affiliates and agents, as may be applicable from time to time), in its sole discretion, including but not limited to for promotional purposes and inclusion on Urban K-9 digital and in-store signage, product packaging, websites, mobile applications, and social media. You specifically release Urban K-9 from any liability connected with the taking, recording, digitizing, or publication and use of photographs, video, and/or audio recordings. You also waive any right to inspect or approve any photo, video, or audio recording taken by Urban K-9.
If any participant in a Service is under 18 years old, the parent or legal guardian of the participant must remain present during the entire training session. In addition, if the participant is under 18 years old, you, represent and affirm that you are the parent or legal guardian of the participant, and you hereby consent and give your permission to all the provisions of the terms herein, including but not limited to the indemnity and release contained herein, for yourself as the responsible party, and on behalf of the participant.
You, for yourself, your heirs, executors, administrators and assigns, hereby release and agree to indemnify, defend and hold harmless (collectively, “indemnify”) Urban K-9 and its respective members, officers, directors, employees, contractors, agents and assigns (collectively, the “Released Parties”) from any and all actions, suits, damages, claims, losses, and demands of any kind, which you, your heirs, executors, administrators and assigns had, now have or hereafter may have by reason of any matter arising from or in connection with you and your dog’s participation in any dog training class, including without limitation any illness, injury, accident, death or damage to person or property, except to the extent any such losses are directly attributable to the Released Parties’ own willful misconduct or gross negligence.
Urban K-9 Website Terms and Conditions
You must be 18 years of age or older to visit or use the Website in any manner. By accessing or using the Website or otherwise accepting these Terms, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority, and capacity to agree to and abide by these Terms.
Urban K-9 provides you with access to and use of the Website subject to your compliance with the Terms. You also represent and warrant to the Company that you will use the Website in a manner consistent with any and all applicable laws and regulations. You are responsible for the consequences of your communications, uploads, transmissions and posting of information on or through the Website and for any use of the Website by anyone using your login information.
The contents on the Website, such as text, graphics, images, photographs, illustrations, trademarks, trade names, service marks, logos, information obtained from Urban K-9’s licensors, and other materials (“Materials”) are protected by copyright under both United States and foreign laws. Title to the Materials remains with Urban K-9. Any use of the Materials not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.
Except as otherwise provided herein, you may not use, download, upload, copy, print, display, perform, reproduce, publish, modify, delete, add to, license, post, transmit, or distribute any such Materials from the Website in whole or in part, for any public or commercial purpose without our specific written permission. We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and Website contained on the Website subject to your compliance with these Terms. In turn, you grant us a non-exclusive, royalty-free license to use any content you post on the Website for any purpose, subject to the express provisions of these Terms.
You may not distribute or make the Website available over a network where they could be used by multiple devices at the same time. You may not rent, lease, lend, sell, redistribute, or sublicense the Website. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website, any updates thereto, or any part thereof. Any attempt to do so is a violation of these Terms. If you breach this restriction, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by Urban K-9 that replace and/or supplement the original Site, App, or Website, unless such upgrade is accompanied by separate or updated terms. If you violate any of these Terms, your permission to use the Materials automatically terminates and you must immediately destroy any copies you have made of any portion of the Materials.
You may not, without Urban K-9’s written permission, “mirror” any Materials contained on the Website or any other server. You may not use the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of the Website. You may not attempt to gain unauthorized access to the Website through hacking, password mining or any other means.
The Website, and all content or Materials available through the Website, are protected by copyright. Unless specified otherwise on the Website or except as permitted by United States copyright law, no portion of the Website may be copied, republished, transmitted, or distributed in any way without Urban K-9’s prior written consent. Any such use of the Service’s content or Materials for any purpose not authorized under these Terms is a violation of the copyrights of Urban K-9 (or other entities where so indicated).
Permission for all uses of the Website other than as expressly authorized under these Terms, including linking to any page on the Website other than the home page, must be obtained from Urban K-9 in advance. Any such request should be submitted via email to urbank9@mac.com. The use of the Website, or any content or Materials available hereon, on any other website or networked computer environment is prohibited. All design rights, compilation rights, and other intellectual property rights in and to the Website, in each case whether registered or unregistered, and related goodwill, are proprietary to Urban K-9 or its licensors.
All trademarks, service marks, logos and trade names on the Website, whether registered or unregistered, are proprietary to Urban K-9 or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of Urban K-9 or the appropriate owner thereof.
Any and all offers or promotions advertised on the Website are void where prohibited by law, and are subject to the posting of any official rules and additional terms pertaining to such offers or promotions.
We control and operate the Website from our offices in the United States, and all information is processed within the United States. We do not represent that materials on the Website are appropriate or available for use in other locations. Those who choose to access the Website from outside the United States do so voluntarily and are responsible for compliance with their local laws.
Access to the Website from jurisdictions where the contents of the Website are illegal or penalized is prohibited. No information from the Website may be downloaded or otherwise re-exported (a) into or to a national or resident of any country to which the United States embargoes or sanctions goods, Website or technology; or (b) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Denial Orders. By using information from the Website, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
All content available on the Website is provided for informational purposes only. Such information is not intended to be, and is not, professional veterinarian advice or a substitute for such advice, or for diagnosis, treatment, cure, or prevention of any health conditions for your dog or any other animal, and you should not rely on them as such. You should always seek the advice of a veterinarian if you have any questions about any of the information you receive from the Website. Urban K-9 does not represent or guarantee that such information is accurate, complete, or timely.
The Materials available on the Website are provided for informational purposes only. Use of the Website or the Materials is at your own risk. The Materials on the Website could include inaccuracies or typographical errors and may not be complete or current. Urban K-9 reserves the right to correct any inaccuracies, errors, or omissions and to change and update information at any time without prior notice (including after you have submitted your order). If you are not fully satisfied with your purchase, you may return it consistent with Urban K-9’s return policy. Should a product be listed at an incorrect price or a promotional offer be incorrect due to typographical error or systems error, Urban K-9 shall have the right to refuse or cancel any orders based on those errors.
THE MATERIALS AND WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. URBAN K-9 DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. URBAN K-9 DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES THE WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. URBAN K-9 DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIALS ON THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT URBAN K-9) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
URBAN K-9 ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIALS OR CONTENT FROM THE WEBSITE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, URBAN K-9 ASSUMES NO AND DISCLAIMS ALL LIABILITY, WHETHER IN CONTRACT, WARRANTY, STATUTE, TORT, INCLUDING NEGLIGENCE AND STRICT LIABILITY, OR UNDER ANY OTHER LEGAL THEORY FOR ANY DIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR INDIRECT DAMAGES, INCLUDING (WITHOUT LIMITATION) DAMAGES FOR LOSS OF ANTICIPATED PROFITS OR REVENUE OR OTHER ECONOMIC LOSS, EVEN IF AN AUTHORIZED REPRESENTATIVE OF URBAN K-9 HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, IN CONNECTION WITH OR ARISING FROM THE WEBSITE OR ANY ACT OR OMISSION BY URBAN K-9, ITS AGENTS, AFFILIATES, JOINT VENTURE PARTNERS, INDEPENDENT CONTRACTORS, OR UNAFFILIATED THIRD PARTIES AS A RESULT OF ANY ACT OR OMISSION IN FULFILLMENT OF OR IN BREACH OF THESE TERMS OR THE PRIVACY POLICY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL URBAN K-9’S MAXIMUM AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID URBAN K-9 IN THE PRIOR 12 MONTHS.
General Terms and Conditions
To the maximum extent permitted by applicable law, you hereby agree to defend, indemnify, and hold Urban K-9 and its respective officers, directors, employees, agents, information providers, licensors and licensees, and partners, harmless from and against any and all claims, losses, actions, demands, liabilities, damages, costs, and settlements including, without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your use of the Website, or your violation of these Terms. You shall cooperate with us in the defense of any such claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder.
We use a third-party payment processor (the “Payment Processor”) to bill you for the Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor, in addition to these Terms. Our current Payment Processor is PocketSuite, and your payments are processed by PocketSuite in accordance with PocketSuite’s terms of service. You agree to pay us, through the Payment Processor, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received. Notwithstanding anything to the contrary contained herein, you acknowledge and agree that we do not control and are not liable for the security or performance of the Payment Processor and that we reserve the right to immediately change our Payment Processor at any time without notice to you and in our sole discretion, and you agree to abide by and act in accordance with any new Payment Processor’s terms of service, privacy policies, and other similar agreements.
We may recommend, and the Website may contain, hyperlinks to other websites and webpages (“Third Party Pages”), as well as to text, graphics, videos, images, music, sounds, and information belonging to or originating from other third parties (collectively, “Third Party Applications”). The Company does not investigate, monitor, or review any Third Party Pages or Third Party Applications to ensure their accuracy, completeness, or appropriateness. The Company is not responsible for Third Party Pages or any Third Party Applications accessed through the Website. You agree that Urban K-9 shall have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party.
The inclusion of any hyperlinks to any Third Party Pages or Third Party Applications on the Website does not indicate the Company’s approval or endorsement thereof. These links are provided solely as a convenience or benefit to users. Your interactions with a third party on the Website, or based on such third party’s participation or presence on the Website, are solely between you and the third party. Urban K-9 has no control over these Third Party Pages or Third Party Applications independent of Urban K-9. Urban K-9 makes no representations or warranties with respect to the content, ownership, or legality of any such linked third party website. If you choose to leave the Website to access any Third Party Pages or Third Party Applications, you should review their respective terms and privacy policies, and you access those Third Party Pages or Third Party Applications at your own risk.
Urban K-9 reserves the right, in its sole discretion, to terminate your access to the Website, or refuse any Service to you, without prior notice at any time for any reason.
These Terms govern our relationship with you, along with any additional terms in connection with certain programs, goods, or Website associated with Urban K-9. You confirm that, in agreeing to accept the Terms, you have not relied on any representation except as expressly set forth in these Terms, and you agree that you shall have no remedy with respect to any such representation not included in these Terms. Each provision of the Terms shall be construed as separately applying and surviving even if for any reason one or other of those provisions is held to be inapplicable or unenforceable in the circumstances.
These Terms are governed in accordance with the laws of the State of New York without regard to its conflict of law provisions, unless the laws of your jurisdiction require that those laws apply. To the extent that any claims could be brought in court and except with respect to matters that can be heard in small claims court, you and Urban K-9 hereby expressly consent and submit to the exclusive jurisdiction of the state and federal courts located in the State of New York for the adjudication or disposition of any claim, action or dispute arising out of the Website or these Terms. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any provision of these Terms shall be deemed or construed a further or continuing waiver of such term or condition; of any other term or condition; or of any proceeding or succeeding breach of any provision in these Terms.
The U.S. Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you believe that any content on the Website infringes upon any copyright which you own or control, you may request removal of such content from the Website by contacting Urban K-9 at the address identified below and providing the following information:
Identification of the copyrighted work(s) that you believe to be infringed. Please describe the work(s) and, where possible, include a copy or the location (e.g., the URL) of an authorized version of the work(s);
Identification of the content that you believe to be infringing, and its location. Please describe the content, and provide us with its URL and/or any other pertinent information that will allow us to locate the allegedly infringing content.
Your name, address, telephone number, and email address;
A statement that you have a good faith belief that the complained-of use of the work(s) is not authorized by the copyright owner, its agent, or the law;
A statement that the information in this notification is accurate and, “under penalty of perjury,” you are the copyright owner or authorized representative; and
A signature or the electronic equivalent from the copyright holder or authorized representative.
Please send all notices (and counter-notices) to Urban K-9’s designated copyright agent at the following address:
Urban K-9, LLC
Attn: Dani Santanella
Email: urbank9@mac.com
Urban K-9 may revise these Terms at any time without prior notice. You will be deemed to have accepted those changes by, among other things, continuing to access or use the Website. We encourage you to check our Website frequently to see the current Terms in effect and any changes that may have been made to them. If we make material changes to the Terms we will post the revised Terms and the revised effective date on the Website.
Contact Information
Please contact us at the contact information below with any questions regarding these Terms. Urban K-9 is not responsible for requests or correspondence lost or delayed in the mail or over the Internet.
Urban K-9, LLC
Attn: Dani Santanella
Email: urbank9@mac.com
