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Terms Of Service

TERMS AND CONDITIONS OF USE
Last Updated: 2-7-2018

 

  1. INTRODUCTION

These Website Terms and Conditions of Use (the “Terms of Use”) apply to the Wiggly Tails website located at www.mywigglytails.com  (the “Site”). The Site is the property of Wiggly Tails, LLC, a Maryland Limited Liability Company (“Wiggly Tails”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THIS SITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION, THESE TERMS OF USE, WHICH FORM A LEGALLY BINDING AGREEMENT.  IF YOU DO NOT AGREE WITH THESE TERMS OF USE, PLEASE DO NOT USE THE SITE.

 

The terms “Wiggly Tails” or “us” or “we” or “our” refers to Wiggly Tails, LLC, the owner of the Site, and its officers, directors, and employees. The terms “you” or “your” refer to the user or viewer of the Site. The terms “use” or “using” in this agreement refers to any time when an individual (a “user”), directly or indirectly, (a) accesses or attempts to access, displays, views, prints or copies from the Site, (b) receives, transmits or exchanges data with the Site or with the Site’s users, (c) registers an account with the Site or signs up for a Wiggly Tails membership, schedules an appointment or purchases any other product or service via the Site, or (d) in any way utilizes, benefits from, or interacts with any feature, function, service of the Site for any purpose.

 

  1. CANCELLING MEMBERSHIP

ALL CANCELLATIONS OF MEMBERSHIP SUBSCRIPTIONS MADE PRIOR TO 1-10-2018 REQUIRE AT LEAST 30 DAYS NOTICE. BY SIGNING UP FOR A MEMBERSHIP SUBSCRIPTION YOU AGREE TO GIVE AT LEAST 30 DAYS NOTICE UPON THE EVENT OF CANCELLATION. NO REFUNDS WILL BE GIVEN FOR THE TIME BETWEEN NOTICE AND SUBSCRIPTION CANCELLATION.

 

  1. OWNERSHIP OF CONTENT

Unless otherwise indicated, this Site and its design, text, content, selection and arrangement of elements, organization, graphics, and the design, compilation, and other matters related to this Site (collectively, "Content") are protected under applicable intellectual property and other laws.  All Content and intellectual property rights herein are the property of Wiggly Tails or the material is included with the permission of the rights owner. The reproduction, duplication, distribution (including by way of email or other electronic means), publication (including posting on another website) modification, copying or transmission of Content from this Site in any form or by any means is strictly prohibited without the express prior written consent of Wiggly Tails. Requests for permission to reproduce or distribute materials found on this Site can be made by contacting Wiggly Tails in writing at 1942 West Street, Annapolis, MD 21401 or by email at contact@mywigglytails.com. The Content may only be used for personal, non-commercial purposes.

 

Wiggly Tails grants you a personal, limited, non-exclusive, non-transferable license to access, view and make personal and non-commercial use of this Site. You may not use this Site to gain unauthorized access to Wiggly Tails networks or computer systems or to engage in any activity that disrupts or otherwise interferes or tampers with the Site (and associated servers or networks connected to the Site). You agree not to access the Site through any automated means (such as through the use of scripts or web crawlers, etc.).

 

  1. PRIVACY POLICY

It is Wiggly Tails' policy to respect your privacy regarding any information we may collect while operating our website. All personal information provided to us as a result of your use of this Site will be handled in accordance with our Privacy Policy, which is detailed below.

 

  1. Gathering of Personally-Identifying Information

Certain visitors to Wiggly Tails' website choose to interact with Wiggly Tails in ways that require Wiggly Tails to gather personally-identifying information. The amount and type of information that Wiggly Tails gathers depends on the nature of the interaction. For example, visitors who sign up for memberships are asked to provide additional information, including the personal and financial information necessary to process those transactions. In each case, Wiggly Tails collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor's interaction with Wiggly Tails. Wiggly Tails does not disclose personally-identifying information other than as described below. Visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities such as booking appointments online.

 

  1. Protection of Certain Personally-Identifying Information

Wiggly Tails discloses potentially personally-identifying and personally-identifying information only to those of its employees that (i) need to know that information in order to process it on Wiggly Tails' behalf or to provide services available at Wiggly Tails, and (ii) that have agreed not to disclose it to others. Other than to its employees, Wiggly Tails discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Wiggly Tails believes in good faith that disclosure is reasonably necessary to protect the property or rights of Wiggly Tails, third parties or the public at large. If you are a registered user of the Wiggly Tails website and have supplied your email address, Wiggly Tails may occasionally send you an email to tell you about new services or solicit your feedback. Wiggly Tails takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.

 

  1. Cookies

A cookie is a string of information that a website stores on a visitor's computer, and that the visitor's browser provides to the website each time the visitor returns. Wiggly Tails uses cookies to help identify and track visitors, their usage of the Wiggly Tails website, and their website access preferences. Wiggly Tails’ visitors who do not wish to have cookies placed on their computers should set their browsers to refuse cookies before using Wiggly Tails' website, with the drawback that certain features of Wiggly Tails' website may not function properly without the aid of cookies.

  1. Privacy Policy Changes

Although most changes are likely to be minor, Wiggly Tails may change its Privacy Policy from time to time, in Wiggly Tails' sole discretion. Wiggly Tails encourages visitors to frequently check this page for any changes to its Privacy Policy. If you have a Wiggly Tails account, you might also receive an alert informing you of these changes. Your continued use of this site after any change in this Privacy Policy will constitute your acceptance of such change.

 

  1. ADVERTISING AND LINKS

If Wiggly Tails has provided links to other websites, then no inference or assumption should be made and no representation should be implied that Wiggly Tails is connected with, operates or controls these websites. Wiggly Tails is not responsible for the content or practices of third party websites that may be linked to this Site. When visiting other websites, however, you are subject to and should review each website’s individual terms of use and privacy policy. Wiggly Tails takes no responsibility for third party advertisements which are posted on this Site, nor does it take any responsibility for the goods or services provided by such advertisers.

 

  1. TERMINATION

Wiggly Tails reserves the right to immediately terminate your use of, or access to, this Site at any time for any reason in its sole discretion. Wiggly Tails further reserves the right to modify or discontinue this Site or any portion thereof at any time without notice.

 

  1. NO WARRANTIES

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THIS SITE OR ITS CONTENTS OR ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, WHICH ARE EACH PROVIDED FOR USE ON AN "AS AVAILABLE" BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THIS SITE, ANY GOODS OR SERVICES SOLD THROUGH THIS SITE, AND ANY SITE WITH WHICH THIS SITE MAY BE LINKED. WE DO NOT WARRANT THAT THIS SITE, ITS SERVERS OR E-MAIL SENT FROM US WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES AS TO WHETHER THE INFORMATION ACCESSIBLE VIA THIS SITE, OR ANY SITE WITH WHICH IT IS LINKED, IS ACCURATE, COMPLETE, OR CURRENT. WE DO NOT PROVIDE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS SHALL HAVE THE BENEFIT OF THIS CLAUSE.

 

  1. EXCLUSION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS, WE, ON BEHALF OF OUR OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SITE, THE PURCHASE OF GOODS OR SERVICES SOLD THROUGH THIS SITE, OR ANY WEBSITE WITH WHICH THIS SITE MAY BE LINKED. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, EQUITY, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS.

These Terms of Use give you specific legal rights and you may also have other rights which vary by jurisdiction. Some jurisdictions do not allow the exclusion of implied warranties or certain kinds of limitations or exclusions of liability, so the limitations and exclusions set out in these Terms of Use may not apply to you. Other jurisdictions allow limitations and exclusions subject to certain conditions. In such a case the limitations and exclusions set out in these Terms of Use shall apply to the fullest extent permitted by the laws of such applicable jurisdictions. Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.

 

  1. INDEMNITY

You agree to defend, indemnify and hold harmless Wiggly Tails, its officers, managers, members, employees and agents, from and against all the liabilities, claims, damages and expenses (including reasonable attorney’s fees and costs) arising out of or related to your use of this Site, any content you submit or transmit through this Site or your breach or alleged breach of these Terms of Use.

 

  1. LEGAL COMPLIANCE

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Site. If you provide us any information through the Site, you agree to provide true, accurate, current and complete information about yourself. You agree not to attempt to upload or transmit through the Site any computer viruses, Trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer or system. Any unauthorized modification, tampering or change of any information, or any interference with the availability of or access to this Site is strictly prohibited. If you become aware of misuse of this Site by any person, then please contact Wiggly Tails with your concerns via email at contact@mywigglytails.com. Wiggly Tails reserves all rights and remedies available to it.

 

  1. GENERAL PROVISIONS

These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms of Use is unlawful, void or unenforceable, that provision is deemed severable from these Terms of Use, will be substituted with a valid and enforceable provision reflecting the intent of the invalid provision, and does not affect the validity and enforceability of any remaining provisions. No provision of these Terms of Use shall be waived except with prior written consent of Wiggly Tails.  The failure to exercise, or delay in exercising, any right or remedy under these Terms of Use will not operate as a waiver.  These Terms of Use may be assigned by Wiggly Tails in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Failure to act with respect to a breach of this agreement does not waive our right to act with respect to subsequent or similar breaches. These Terms of Use set forth the entire understanding and agreement between us with respect to the subject matter hereof.

 

  1. MODIFICATION

Wiggly Tails reserves the right to modify or amend these Terms of Use without notice at any time. The latest Terms of Use will be posted on the Site, and you should always review these Terms of Use prior to using the Site to ensure that you have a current understanding of the Terms of Use under which you are permitted to access this Site. Use by you of the Site following any modifications or amendments to these Terms of Use shall signify your acceptance of such modifications or amendments.

 

  1. GOVERNING LAW, VENUE AND DISPUTE RESOLUTION

This Agreement is governed by, and construed in accordance with, the laws of the State of Maryland, without giving effect to any principles of conflicts of law. You agree to submit to the exclusive jurisdiction of the courts of the State of Maryland or, if appropriate, the United States District Court for the State of Maryland for resolution of any dispute, action or proceeding arising in connection with this Agreement or your use of the Site, and you further irrevocably waive any right you may have to trial by jury in any such dispute, action or proceeding.

 

  1. DISPUTE RESOLUTION

In the event of any controversy or claim arising out of or relating to these Terms of Use, the parties shall first attempt, promptly and in good faith, to resolve any such dispute informally between themselves. If the parties are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to binding individual arbitration pursuant to the then current expedited procedures of the commercial arbitration rules of the American Arbitration Association.