Terms of Use

APC Pet Care LLC (“APC”) owns and operates this website. Additional terms and conditions applicable to certain areas of this website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions.

APC reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.

You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.

Privacy

Your use of the website may involve the transmission to APC of certain personally-identifiable information (“Personal Information”). APC’s policies with respect to the collection and use of Personal Information are set forth in its then-current Privacy Policy located at [insert location and hyperlink] which also governs your use of the website and is incorporated herein by reference in its entirety.

Electronic Communications

When you access the website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the website or through any other communications tool.

Copyright

This website and the content are protected by U.S. and/or copyright laws, and belong to APC or third parties. The copyright in the content is owned by APC or other copyright owners who have authorized their use on the site. No material may be reproduced in any manner of form whatsoever without written permission from APC or the copyright owner.

Notification of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or a person authorized to act on behalf of the copyright owner and think that your work has been copied in a way that constitutes copyright infringement and is accessible on the APC website, please provide APC’s Copyright Agent with the following information:

Identification of the copyrighted material claimed to be infringed;
Identification of the alleged infringing material on the APC website that is requested to be removed and information sufficient to permit us to locate the material on the APC website (such as the specific URL);
Your name, address, phone number and an email address, so that APC may contact you if necessary;
A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
A statement by you that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright that is alleged to be infringed; AND
A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner to assert copyright infringement and to submit the notification.

To contact the Copyright Agent by regular mail, please write to:

Cynthia Beagles

260 Madison Avenue

New York, NY 10016

To contact the Copyright Agent by email, please write to:

CopyrightAgent@akc.org with COPYRIGHT NOTICE in the subject line

Upon receipt of a notification of claimed infringement as set forth above, APC will remove or disable access to the material and take reasonable steps to notify the person who posted the material that it has been removed or access to it has been disabled.

Counter Notification

If you posted the material and believe that it is not infringing or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may submit to the Copyright Agent (see contact info, above) a counter notification containing the following information:

Your physical or electronic signature;
Identification of the material that has been removed or to which access has been disabled and the location (such as the specific URL) at which the material appeared before it was removed or access to it was disabled;
A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; AND
Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If the Copyright Agent receives a counter notification as set forth above, APC will send a copy of it to the original complaining party stating that APC may replace the removed material or cease disabling access to it ten (10) business days following receipt of the counter notification unless the copyright owner notifies APC that it has filed an action seeking a court order to restrain the person who posted the material from engaging in infringing activity relating to the material.

APC reserves the right to remove or disable access to material alleged to be infringing without prior notice, in its sole discretion, and without liability to any person, regardless of whether the material ultimately is determined to be infringing.

Trademarks

The trademarks, service marks and logos (“trademarks”) used or displayed on this website are registered and unregistered trademarks of the APC or third parties. You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. American Kennel Club and AKC are trademarks, registered trademarks and service marks of The American Kennel Club, Inc. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that APC has established in any of its goods, services, names or logos. All other trademarks are the property of their respective owners. Nothing in this website shall be construed as granting — by implication, estoppel or otherwise — any license or right to use any trademarks displayed on the website without the express written permission of the APC or the trademark owner.

APC or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the website (“Brand Content”). All Brand Content is the property of APC or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website is the exclusive property of APC and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statues, and is strictly prohibited. You must preserve all copyright, trademarks, service marks and other proprietary notices contained in the original Brand Content and on any authorized copy you make of the Brand Content.

You’re not allowed to (i) use our trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of this website; (iii) remove any copyright or other protected notices contained in the Brand Content or any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.

License and Access

Subject to your compliance with these Terms of Use and your payment of any applicable fees, APC or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the website and/or use of any of the services provided herein. This license does not include any resale or commercial use of any services, or its contents; any collection and use of any descriptions or prices; any derivative use of any services or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.

All rights not expressly granted to you in these Terms of Use are reserved and retained by APC or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the website or the services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of APC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of APC without express written consent. You may not use any meta tags or any other “hidden text” utilizing the APC name or trademarks without the express written consent of APC.

You may access the website or use the services only as permitted by law. Any licenses granted to you by APC, including such licenses granted herein, shall terminate if you do not comply with these Terms of Use.

Third Party Links

This website contains links to websites which are not maintained by APC. Links to third party websites are provided for your convenience and information only. Third party websites are not under APC’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can APC guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply APC’s endorsement of the third party website nor that we are affiliated with the third party website’s owners or sponsors.

Your Online Account

To access certain password-protected areas of the website and to use certain services, you may have to register for an account. To register for an account, you must provide us with information including, but not limited to, your first name, last name, and email address. By doing so, you promise that all registration information provided by you is truthful and accurate. You are also required to update any inaccurate registration information as necessary from time to time. All registration information and any other Personal Information that you provide to us through your use of the Website and/or the Services is covered under our Privacy Policy.

You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. APC may delete or change your password at any time for any reason, in its sole discretion.

APC does not allow for the creation of an Online Account by a person under the age of eighteen.

User Content

Users may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, malware, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. APC reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.

If you do post or submit User Content, and unless we indicate otherwise, you grant APC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, transfer, sell, publicly perform, create derivative works from, distribute, and display such User Content and to use your name and other identifying information throughout the world in any media.

You agree that this license includes the right for APC to provide, promote, and improve the website or services and to make the User Content submitted to or through the website or the services available to other companies, organizations or individuals who partner with APC for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.

Such additional uses by APC, or other companies, organizations or individuals who partner with APC, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the services.

APC may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.

APC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Services, to suspend or terminate users, and to reclaim usernames. APC also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of APC, its users and the public.

The Representations and Warranties section of these Terms of Use detail the representations and warranties you are making with respect to your submission. By supplying your email address and/or telephone number, you consent to receive communications from APC and third parties including through autodialed and/or prerecorded message calls.

Representations and Warranties

You represent and warrant that any materials of any kind that you submit to this site are owned by you or you have the right to grant a license to APC, will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or propriety rights; (b) contain any libelous or otherwise unlawful material; (c) breach or circumvent any laws, regulations, AKC policies or account status; or (d) be misleading, inaccurate, or false.

Disclaimer of Warranties and Limitation of Liability

Please read this section carefully since it limits the liability of APC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “APC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.

The website, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available “AS-IS.” Your access to and use of the website and/or the service, or any content therein are at your own risk. You understand and agree that the website and the services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE APC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

The APC Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the website or the services or any content therein; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the website or the services or any content therein; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by APC; and (iv) whether the website, or the services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the APC Entities, website, or the services, will create any warranty not expressly made herein.

Links. The website, website content, User Content, may contain links to third-party websites or resources. You acknowledge and agree that the APC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the APC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, APC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES OR SAVINGS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR , USER CONTENT, WEBSITE CONTENT, OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (v) YOUR INTERACTION WITH ANY SERVICE PROVIDER; OR (vi) OTHERWISE ARISES FROM OR RESULTING FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICES .

IN NO EVENT SHALL THE TOTAL CUMULATIVE LIABILITY OF THE APC ENTITIES FOR DIRECT DAMAGES ARISING UNDER THESE TERMS OF USE OR RELATING THERETO, EXCEED TEN DOLLARS ($10). BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR NEGLIGENCE, CONSEQUENTIAL, INCIDENTAL OR OTHER DAMAGES, IN SUCH JURISDICTIONS THE LIABILITY OF THE APC ENTITIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR SERVICES IS TO STOP USING THE WEBSITE AND/OR SERVICES.

Indemnification

You agree to defend, indemnify, and hold the AKC Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms of Use; (ii) your access to, use, or misuse of the website, and/or the services; (iii) your reliance on any User Content, website content; (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.

Waiver and Severability

The failure of APC to enforce any right or provision of these Terms of Use will not be deemed a waiver of such right or provision. In the event that any provision of these Terms of Use is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms of Use will remain in full force and effect.

Disputes

Binding Arbitration
In the event of a dispute arising under or relating to the Terms of Use, the website, or any other products or services provided by APC (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.

Class Action Waiver

You agree that any arbitration or proceeding shall be limited to the Dispute between us and You individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

Applicable Law

By accessing or using the website, or any other products or services provided by APC, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and APC.

Dated: 5/18/2018