WEBSITE LEGAL TERMS OF USE

Limitation of Liability

Canada Pooch Ltd., its affiliates and related companies (each and all referred to by the term “Canada Pooch”) take no responsibility for the accuracy or validity of any claims or statements contained in the information or related graphics of this site. Further, Canada Pooch makes no representations whatsoever about the suitability of any of the information contained in the information or graphics on this site for any purpose. All such information and related graphics are provided without warranty of any kind. Canada Pooch makes no representations whatsoever about any other Web site which you may access through this site. When you access a non-Canada Pooch Web site, you understand and acknowledge that it is independent from Canada Pooch, and that Canada Pooch has no control over the content on any such Web site. In addition, a link to a non-Canada Pooch Web site does not mean that Canada Pooch endorses or accepts any responsibility for the content, or the use, of such Web site. It is your responsibility to take precautions to ensure that whatever you select for your use by you is free of such items such as viruses, worms, trojan horses, and other items of a destructive nature.

CANADA POOCH SHALL NOT BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING FOR ANY DAMAGE, LOST PROFITS OR LOST DATA, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THIS WEBSITE OR THE PERFORMANCE OF THE PRODUCTS PURCHASED THROUGH THE WEBSITE OR THE CONDUCT OF OTHER WEBSITE USERS (WHETHER ONLINE OR OFFLINE) OR ATTENDANCE AT A CANADA POOCH EVENT OR ANY USER GENERATED CONTENT, EVEN IF CANADA POOCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOUR ONLY REMEDY AGAINST CANADA POOCH FOR USE OF THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE. THAT SAID, IF CANADA POOCH IS FOUND TO BE LIABLE TO YOU FOR ANY DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THIS WEBSITE OR ANY CONTENT, CANADA POOCH’S LIABILITY SHALL NOT EXCEED CAD$100.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Use of the Site

While visiting the Canada Pooch site, you may not: post, upload, publish, reproduce, transmit, or otherwise distribute information or other material: (a) constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability; (b) which is protected by copyright, or other intellectual property right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; (c) otherwise use this site in a manner which is contrary to law, including the posting or transmitting of any information or software which contains a virus, cancelbot, trojan horse, worm or other harmful or disruptive component.

Product Orders

All orders placed through the Website are subject to Canada Pooch’s acceptance. This means that Canada Pooch may refuse to accept or may cancel any order, whether or not the order has been confirmed, for any or no reason, and without liability to you or anyone else. If your credit card has already been charged for an order that is later cancelled, Canada Pooch will issue you a refund.

Copyright

All materials published or otherwise accessible through this site including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other materials (the “Content”) are protected by copyright, and are owned or controlled by Canada Pooch and any others which may own copyright or the party credited as the provider of the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in the Content. All visitors shall abide by all additional copyright notices, information, and restrictions contained in any content accessed through this site.

Trademarks

The trademarks, logos, and service marks, including but not limited to, “Canada Pooch”, and other names, logos, and icons identifying the products and services (collectively the “trademarks”) displayed on the site, are registered and unregistered trademarks of Canada Pooch Ltd. and other related parties. Nothing contained on the site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark displayed on the site without the written permission of Canada Pooch or such third party that may own the trademarks displayed on the Site. Your misuse of the trademarks displayed on the site, or any other content on the site, except as provided in these Legal Terms of Use, is strictly prohibited. You are also advised that Canada Pooch will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

Confidential Information

You authorize Canada Pooch to collect from any party and to retain all relevant information relating to your use of this site, and you hereby authorize any party to provide us with such information. You understand and agree that unless you notify Canada Pooch to the contrary by e-mailing us at support@canadapooch.com, or writing to us using the address provided in the “Contact” page on the Site that you further authorize Canada Pooch to disclose, on a confidential basis, to any necessary parties with whom Canada Pooch has business relations all necessary information relating to your dealings with us and this site.

Recourse

If you are dissatisfied with the Canada Pooch site or with any terms, conditions, rules, policies, guidelines, or practices of Canada Pooch in operating this site, your sole and exclusive remedy is to discontinue using this site.

Indemnity

You agree to defend, indemnify, and hold Canada Pooch Ltd. and its affiliates and related companies harmless from any and all liabilities, costs, and expenses, including reasonable attorneys’ fees, related to the violation of this Agreement by you or users of your account, or in connection with the use of this site or the placement or transmission of any information or other materials on this site by you or users of your account.

Miscellaneous

This Agreement, including any and all documents referenced herein, constitutes the entire agreement between Canada Pooch and you pertaining to the subject matter hereof. Canada Pooch’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provisions or right. If any of the provisions contained in this Agreement are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. The parties have requested that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

Canada Pooch has no obligation to monitor this site. However, you agree that Canada Pooch has the right to monitor this site electronically from time to time and to disclose any information as necessary to satisfy any law, regulation, or other governmental request, to operate this site properly, or to protect itself or its subscribers.

Canada Pooch reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Severability

If any provision in these Terms of Use is held invalid, the remainder of these Terms of Use shall continue to be enforceable. If any provision in these Terms of Use is deemed unlawful, void or unenforceable, then that provision is deemed severable from these Terms of Use and the remaining provisions are still valid and enforceable.