Pawtivity Privacy Policy – Terms & Conditions



PawtivityTM Privacy Policy – Terms & Conditions

Terms & Conditions: Updated May 1, 2018

 

Welcome to the PawtivityTM community (the “Community”), where dog owners find activities and events to do with their dog. We love dogs and desire that lifelong connection with them. Of course, our dogs feel the same about us!

Dogs are a special part of our lives. We help dog owners create a unique bond with their dog by learning what motivates their dog and by developing special interests over time. We encourage dog owners to share their experiences and teach others how they play with their dogs.

This community is important to us and we strictly enforce compliance to these Terms and Conditions (the “Terms”) and Privacy Policy to create the most enjoyable Community experience possible.

Please keep in mind that content you upload, submit, post, or display may be viewed and/or shared. Content should only be provided that you feel comfortable sharing with others under these Terms.

 

Acceptance

This document describes the PawtivityTM Terms & Conditions (the “Terms”) for the PawtivityTM website located at www.pawtivity.com (“Pawtivity.com”, the “Website”) and related services offered by Pawtivity LLC (“Pawtivity”, “We”, “Us”, “Ours”).

These Terms govern your access to and use of the Website, including any information, text, graphics, photos, videos and other materials uploaded, downloaded, or appearing on the Website (collectively “Content”). If you do not agree to these Terms, please do not use the Website.

By accessing, using and/or registering with Pawtivity.com and/or related services, you accept and agree to be bound by these Terms. These Terms also apply to any Content from contributors to the Website, regardless of if they access, use and/or register with Pawtivity.com and/or related services.

These Terms do not apply to practices, services, websites, links to, or applications of third parties and companies (“Third Party Services”) that are not owned or controlled by Us, or to people who are not employed or managed by Us. We are not responsible for any content or privacy policies, or practices of Third Party Services. By using the Website, you expressly relieve Pawtivity from any and all liability arising from your use of any Third Party Services.

Pawtivity, our third party providers, and partners may modify, change, suspend, discontinue or improve our services and/or the Website or any portion thereof, including, but not limited to our features, fees, applications, and programs at any time, with or without notice to you. You agree that Pawtivity, our third party providers, and partners shall not be liable to you, to any other user, or to any third party for modification, changes, suspension, discontinuation, or improvements of our services and/or the Website or any portion thereof.

We reserve the right to update, modify, discontinue, and/or change these Terms, temporarily or permanently, to create limits on use and storage of Content or for any other reason at our sole discretion at any time without notice to you. Changes are effective once updated and dated on the Terms & Conditions page of the Website. It is your responsibility to review the most recent Terms. By continuing to access, use and/or register with Pawtivity.com and/or related services after those changes become effective, you agree to be bound by the revised Terms which supersede all earlier versions and which may be supplemented by Pawtivity.

 

Membership

Community membership through a registered user account requires that you are at least 18 years of age and that you are not a person barred from receiving services under the laws of applicable jurisdiction. You must also complete the registration process and provide true, accurate and complete information about you at all times.

Membership of a registered user account grants additional permission to start and manage a group hosted on Pawtivity.com as a group organizer. Group organizers agree to receive messages on Pawtivity.com from other registered users that are approved as members of their group.  Users have the option to receive email notifications from the group organizer; however, the actual email addresses are not revealed to the group organizer. Group organizers of groups hosted on the Website may set additional group membership requirements for their own managed groups.

Businesses, organizations or other legal entities may not create a regular user account on the Website. They may, however, create a service account through specific services offered by Pawtivity. Users may not create a regular user account on behalf of any business, organization or other legal entity without permission from Pawtivity.

Users who access and use, but do not register with Pawtivity.com have restricted access and privileges to the Website.

You agree that information you provide to access and/or register the Website or related services shall not be fraudulent and shall not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity.

You agree that We may message your registered user account or provided email address about important information or notices and services that relate to the Website, your service with us, your registered user account, or or in response to a certain query from you. Such information and notices are considered part of our service on your account, which you may not be able to opt-out from receiving. You are responsible for reading all important information and notices as they relate to your service and account. By joining or accepting an invitation to a group, you agree to receive messages in your registered user account or provided email address from group organizers of groups you are a member of. You may opt-out from other correspondence by email or to your registered user account as designated in the notification and privacy settings of the Website.

We reserve the right, at Our sole discretion, to modify, suspend or terminate your account, group or service with Us for any reason, temporarily or permanently, and without notice, without liability to you, to any other user or to any third party. Please contact Us if you have any questions about these Terms.

 

Passwords

Acceptance of these Terms means that you are responsible for safeguarding your account password and account identifiers. You agree to email Us at pawtivity@pawtivity.com and notify Us of any unauthorized access to your account, any loss of password and account identifiers, and if someone under 18 years of age has used your account without your direct supervision and consent.

We will use reasonable security measures to protect your personal and financial information. However, We cannot guarantee absolute security from unauthorized third parties or promise that measures will prevent illegal access to the Websites or its contents. You acknowledge and agree that you provide your personal and financial information at your own risk and that Pawtivity will not be responsible for or liable, directly or indirectly, from any activity, action, loss, or damage of any kind incurred as a result of, or in connection with unauthorized access of your account of any kind, in any manner.

 

Privacy

You agree that information that will always be required and publicly available based on information you provide include your profile photos, username, first name, state, dog’s name, dog’s breed, dog’s rank, dog’s total points, 2 most recent pawtivities/events per dog, and the 5 most recent photos or videos you submit per dog, whether personal or in connection to a completed activity challenge, pawtivity, or event. Additional information may be made publicly available if you provide such information about yourself or your dog(s). Comments or testimonials that you post along with content that you post on public pages of the Website or on completed photos or videos in connection with an activity challenge, pawtivity, or event will also be made publicly available.

At minimum, group information that is made publicly available by Pawtivity include the group name, group organizer identifiable by username, group tagline, city and state, special interest, requirements, group description, and the number of members in that group. Group organizers determine the privacy settings for their group pages. Group organizers may choose to hide their group, which also removes the group from the Website search feature. Registered users may choose to join or accept an invitation to a group.

Additional information about collection, use and disclosure of privacy is included in the Privacy Policy. Registered users may set their notification and privacy settings in their profile at any time. Acceptance of these Terms includes acceptance of the Privacy Policy.

 

Use of Pawtivity.com

Subject to these Terms, you have a limited, non-exclusive, personal, non-transferable, non-sublicensable, non-assignable, and revocable license to use Pawtivity.com and related services. You may access Content for personal, non-commercial use only, unless authorized to do so otherwise. Additional Information about your use of Content is included under the Proprietary Rights section in these Terms.

You may not use Pawtivity.com and related services for any illegal and/or unauthorized purpose. You agree to comply with applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and/or related services, including without limitation your participation or involvement in any way with groups hosted on Pawtivity.com. You also agree to all applicable laws, statutes, ordinances and regulations regarding the export of data from the United States or your country of residence.

Your use of Pawtivity.com extends to your acceptance of advertisements and promotions. You agree that Pawtivity, our third party providers, and partners may use your information to provide services to you that you may have an interest in. You further agree that Pawtivity, our third party providers, and partners may place advertisements and promotions in connection with specific information that you email, upload, submit, post, save, share, display, download, distribute, or transmit on the Website. Any dealings with or participation in activities in connection to advertisements and promotions are solely between you and such advertisers. You agree that Pawtivity shall not be responsible for any loss or damage of any kind relating to your dealings with such advertisers.

You also agree that you will not:

  • Harass, “spam”, harm, defame, libel, degrade, threaten, stalk, intimidate or collect information about other users for unauthorized purposes;
  • Provide fraudulent information in the registration process, impersonate another person or entity whether actual or fictitious, engage in username squatting, or create a fraudulent account by automated means;
  • Disclose private information about another user or post intimate photos of another subject without their prior written approval;
  • Engage in any other action that infringes upon any copyright, trademark, or other propriety right of any party without proper prior written consent or permission;
  • Modify, adapt, translate, copy, reproduce, creative derivative works from, alter, reverse engineer, or publicly display any information or Content on the Website that is not your original Content;
  • Advertise, promote, or solicit anything for the benefit of a business, organization, or other legal entity on Pawtivity.com without prior approval and permission from Pawtivity;
  • Use Pawtivity primarily as a lead generator for any person or entity engaged in any business or commercial enterprise, whether or not for profit;
  • Submit, upload, stream, or store an unreasonable or disproportionately large amount of Content to or on our infrastructure that could damage, disable, or impair the Website, in Pawtivity’s sole discretion;
  • Use any automated system to access the Website, including without limitation robots, spiders, and offline readers, that create, directly or indirectly, undue stress or workload on the system or for the Website and/or a human to process, in Pawtivity’s sole discretion;
  • Email, upload, submit, post, display on the Website, networks connected to the Website, or to other users any computer routines, files, viruses, computer code, or programs designed to interfere, interrupt, destroy or limit the functionality and optimal performance or use of the Website and related services in any way and by any means;
  • Violates any applicable law, statue, rule or regulation, or could give rise to legal liability.

We reserve the right to modify, suspend, discontinue, interrupt, or create limits on your storage of data and use of our service at our sole discretion, without notice, and without liability, direct or indirect, to you, to any other user or to any third party.

 

Proprietary Rights

By accessing, using and/or registering with Pawtivity.com and related services and by emailing, uploading, submitting, posting, displaying, sharing, publishing, distributing, making available and/or allowing others to access or use your Content on Pawtivity.com, you grant to Us and Our affiliates a non-exclusive, fully paid-up, royalty-free, transferable, sub-licensable (through multiple tiers), perpetual, unrestricted, irrevocable worldwide license to reproduce, use, post, distribute, broadcast, perform, modify, translate, adapt, prepare derivative works of, display, store, perform and otherwise use all or part of your Content in other formats not simply limited to websites for the purposes of providing and promoting the Website and/or related services. You hereby waive and agree not to assert any and all rights under laws worldwide that concern “moral rights” or “droit moral” or similar rights in connection with your Content.

PawtivityTM and Pawtivity logos are exclusive trademarks of Pawtivity (“Trademarks”). All Trademarks, Content published on Pawtivity.com, and software or applications used in connection with Pawtivity, including, but not limited to text, graphics, data, photos, videos, music, the overall organization, selection, compilation, functionality, and look and feel of the Website (collectively, “Pawtivity Content”) are subject to copyright and other intellectual property rights under the law. Except as otherwise permitted by law, you agree not to copy, display, transmit, use, modify, rent, loan, sell, distribute, reverse engineer, reverse assemble, grant a security interest in or otherwise transfer any right in the Website, or create derivative works of Our Trademarks and Pawtivity Content in whole or in part in any manner without our authorization or as permitted through the functionality of the Website and under these Terms. All ownership rights, title, and interest in and to our services remain with Pawtivity, our licensors or our suppliers, as the case may be.

You grant each user with a registered account on Pawtivity.com a non-exclusive license to access your Content through the Website and to email, upload, submit, post, save, share, display, download, distribute, or transmit your Content as permitted through the functionality of the Website and under these Terms for your personal and non-commercial use only.

You may not broadcast, copy, reproduce, modify, alter, sell, license or exploit Content unless you have specific prior approval and permission to do so and/or as permitted through the functionality of the Website and under these Terms. We reserve all rights not expressly granted in and to the Website and the Content. Additional property rights and policies apply to Content.

We may retain and continue to use Content from a deleted user or group account if Pawtivity and users have used, stored, or shared that content when the account was still active.

 

Property Rights and Policies

Pawtivity respects intellectual property of others. You may not email, upload, submit, post, display, copy, duplicate, reproduce, modify, alter, transmit, broadcast, display, distribute, sell, license or exploit any Content that violates or infringes upon the rights of any third party. The Content that you submit must be yours and original.

Pawtivity will remove and/or disable access to any Content or link that is in violation of the Digital Millennium Copyright Act (“DMCA”). We may, at our sole discretion, provide a warning, limit access, suspend or terminate a user’s account or service as a result.

Please contact our designated DMCA agent at pawtivity@pawtivity.com if you believe that your work has been copied in a way that constitutes copyright infringement and is accessible on the Website. You must submit your notification in writing and follow the instructions provided so that we may remove and/or disable access to any Content or link that is in violation of the DMCA. You acknowledge that if you fail to comply with all of the requirements, your DMCA notice may not be valid.

DMCA Requirements:

  1. Identification of the copyrighted work that you claim has been infringed;
  2. Description and identification of the materials claimed to be infringing or to be the subject of infringing activity along with information to help us locate and remove and/or disable access to that material on Pawtivity.com;
  3. Statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or law;
  4. Statement that you affirm the accuracy of your claim and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the copyright owner;
  5. Your name, address, phone number and/or email address if we need to contact you; and
  6. Your physical or electronic signature of the person authorized to act on behalf of the copyright owner.

The requirements must be submitted to:

    1. DMCA Agent – Pawtivity, LLC

 

    1. c/o Pawtivity, LLC

 

    1. 1810J York Rd 177

 

    1. Lutherville MD 21093

 

    Email: pawtivity@pawtivity.com

All Content is the sole responsibility and liability, directly or indirectly, of the person who originated such Content on Pawtivity.com. Use or reliance on any Content on the Website or obtained by you is at your own risk.

You affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, permissions and waivers to publish Content you submit and to authorize Pawtivity to use all patent, trademark, trade secret, copyright, or other proprietary rights in and to any Content you submit. We are not responsible for, nor do We have control over, anything that you or anyone you have authorized to see your content have shared or posted in connection with your Content. You acknowledge and agree that your Content can and may be shared, copied, and/or viewed worldwide and that Pawtivity does not guarantee the confidentiality of Content you submit.

By accepting your submissions for photos, videos, suggestions and feedback, you grant to Pawtivity and Our affiliates a non-exclusive, fully paid-up, royalty-free, transferable, sub-licensable (through multiple tiers), perpetual, unrestricted, irrevocable worldwide license to use, make, have made, sell, offer for sale, import and export products and services based on such suggestions and feedback. You have a choice in submitting suggestions or feedback to Us. Pawtivity does not waive any rights to use similar or related suggestions or feedback previously known to us, developed by Us or on our behalf, or obtained from sources other than you.

You agree that information you provide to access and/or register the Website or related services shall not be fraudulent and shall not infringe on any third party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity. You also agree not to submit Content or endorse Content that may be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as solely determined by Pawtivity. We further reserve the right to remove any Content where it may negatively detract or that has nothing to do with the subject matter where the Content was posted, in our sole discretion and without notice to you.

Links to other third party websites, and services, products, and content of or supplied by third parties (collectively, “Third Party Services”) may be provided on the Website. Pawtivity has no control over content or functionality provided by Third Party Services and your use of Third Party Services is at your own risk and subject to the terms and conditions, privacy policies and practices of those Third Party Services. You expressly relieve Pawtivity from any and all liability, whether direct or indirect, for any damage or loss arising from your use of Third Party Services.

Third Party Services may also be provided by Pawtivity as a reward on an activity challenge or contest from time to time. Pawtivity does not specifically endorse or guarantee, nor is it responsible for, any Third Party Services in connection to an activity challenge or contest. With your decision to participate in an activity challenge or contest, you agree that Pawtivity shall not be held liable for any loss, damage, performance, non-performance, deliverability, non-deliverability, or dealings with such third party products and service offerings.

Pawtivity does not endorse, support, represent or guarantee the completeness, truthfulness, integrity, safety, accuracy, reliability, quality, or intellectual property rights of any Content in any form on the Website or in connection to our related services. We may, but shall have no obligation to, pre-screen, monitor, remove, refuse or modify any Content at any time, at our sole discretion and without notice to you. You understand and acknowledge that under no circumstances will Pawtivity be held responsible or liable for any Content, including, but not limited to, any errors or omissions of any kind or in any way, or the use of your Content by registered or non-registered Pawtivity users or any third parties.

You agree that you may be exposed to a variety of Content and use Pawtivity.com and related services at your own risk. You further agree to waive any legal or equitable rights or remedies and indemnify and hold harmless Pawtivity, its owners, third party providers, partners, affiliates, employees, licensors, licensees and suppliers to the fullest extent allowed by law regarding matters related to the use of the Website and/or related services.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.  YOU WAIVE AND HOLD HARMLESS PAWTIVITY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY PAWTIVITY AND/OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER PAWTIVITY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We cannot and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or Content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

 

Group Offline Conduct

Groups hosted on the Website may coordinate an event online with members, but meet in an offline setting for their events, such as an outdoor park or other public space, a facility owned by another business or other private space, or someone’s home. You acknowledge that Pawtivity does not sponsor or endorse any events, whether online or offline, and has no control and provides no supervision over the identity and actions of individuals and pets that attend these events and gatherings, nor is Pawtivity involved with physical transportation to or from an event.  You agree that Pawtivity and group organizers are not responsible or liable for any transaction or occurrence or the consequences thereof related to attending a group event, including but not limited to transportation to or from the event location, interaction and actions of individuals, pets, and/or any third parties involved.  You agree to bear all risk and you agree to release Pawtivity and group organizers from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with offline or group events. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

 

Protection of Children and Minors

NEITHER PAWTIVITY NOR ANY OF ITS AFFILIATES OR CONTRACTORS MAKES ANY REPRESENTATION, WARRANTY, OR GUARANTEE THAT USE OF THE SERVICES OR PARTICIPATION IN ONLINE ACTIVITIES OR OFFLINE OR LIVE EVENTS PLANNED THROUGH PAWTIVITY WILL ADEQUATELY PROTECT CHILDREN AND MINORS FROM HARM OR ENABLE YOU TO IDENTIFY ALL BEHAVIOR, TRENDS, OR COMMUNICATIONS THAT MAY BE HARMFUL, RISKY, OR INDICATIVE OF ACTUAL OR POTENTIAL THREATS TO CHILDREN AND MINORS.  AMONG OTHER THINGS, CHILD PREDATORS AND OTHER BAD ACTORS HAVE BECOME INCREASINGLY SOPHISTICATED, TECHNOLOGY-SAVVY AND ADEPT AT AVOIDING MONITORING AND TRACKING.  IN RECOGNITION OF THESE LIMITATIONS, YOU EXPRESSLY CONFIRM AND ACKNOWLEDGE THAT PAWTIVITY, ITS AFFILIATES, AND CONTRACTORS ARE NOT (AND WILL NOT BE) LIABLE OR RESPONSIBLE IN ANY WAY FOR, AND THROUGH YOUR USE OF THE WEBSITE YOU HEREBY WAIVE ANY CLAIMS AGAINST, PAWTIVITY, ITS AFFILIATES, AND ITS CONTRACTORS RELATING TO, ANY FAILURE BY OR OF THE SERVICES TO IDENTIFY ANY ACTUAL OR POTENTIAL THREATS TO CHILDREN OR MINORS AND YOU AGREE THAT YOU REMAIN FULLY AND PERSONALLY RESPONSIBLE FOR USE OF THE SERVICES AND SUCH OTHER EFFORTS AS YOU MAY DEEM NECESSARY OR APPROPRIATE TO PROTECT AND SAFEGUARD YOUR CHILDREN AND MINORS WHO ACCESS THE WEBSITE THROUGH YOUR COMPUTERS OR DEVICES, OR COMPUTERS OR DEVICES PROVIDED BY YOU TO ANY CHILD OR MINOR.

 

Fees and Payments

Use of our website is free for a registered regular user account; however, premium features and certain services may be offered for a fee. Groups are considered a premium feature of our site. We reserve the right to change, update, discontinue, remove, add or modify any feature and/or service at any time, at our sole discretion. Users that pay Pawtivity a fee for a premium feature or service agree to provide true, accurate and complete personal and financial information about you at all times.

If you make a payment to Pawtivity, you agree to pay all fees, applicable taxes, and other charges incurred in connection with your username and password for your group and/or in connection with your service account with Pawtivity. Fees are payable in advance. Businesses, organizations or other legal entities with a service account are subject to these Terms as well as their separate Service Terms, if any.

Promotions, special offers, coupons, and discounts (collectively known as “Pawtivity Promotions”) may be offered by Pawtivity. Such Pawtivity Promotions have no cash value, are not retroactive, and are non-transferable. Additional terms are included for each Pawtivity Promotion.

Pawtivity may change, remove, increase, or modify the fees for any feature and/or service at any time, at our sole discretion. Once we notify you of those changes, you agree to pay all fees, applicable taxes, and charges incurred for your continued use of Pawtivity.com and/or related services. We are not responsible for any charges or expenses you incur resulting from being billed by us in accordance with these Terms.

 

Group Fees and Payment

Community members with a registered regular user account may start a group and become a group organizer. Payments for groups are made on the Website by credit card. You will immediately be charged for group fees after you click “Submit” on the “Payment” tab in the “Start A Group” process on the Website.  There is a 24-hour period where Pawtivity will review your group request. If We deny your group request within that period, we will cancel, reverse or issue a refund back to your credit card.

Group organizers are responsible and agree to pay all fees, applicable taxes, and other charges incurred for the group.  Fees are payable in advance on a monthly or annual basis, and will auto-renew at the end of your Current Term until your membership is terminated by Pawtivity. Your Current Term (“Current Term”) is determined starting the day your billing cycle begins and ending the day before plans are set to auto-renew. Thereafter, your Current Term will reset starting the day your plan auto-renews to the day before your next auto-renew date. The group organizer authorizes Pawtivity to keep their subscription current by automatically charging their credit card the applicable fees, taxes, and charges at the beginning of each billing cycle per month or per year until their group is terminated.

You may upgrade from a monthly to annual plan and/or add available features at any time by emailing billing@pawtivity.com from your registered email address. Please provide your desired plan or feature, group name, username, and a phone number where you can be contacted. Confirmation of changes will be made to your registered email address. Your revised plan will be effective on the 1st of the next, upcoming month and reflect the appropriate adjustments to your registered credit card. You acknowledge that if requests are received late in the month, adjustments may be made after the 1st due to a delay in processing time. The Current term remains the same as your prior plan.

Plan changes, outside of upgrades or adding features, are allowed at least 14 days before your auto-renew date and effective when your plan is set to auto-renew. To request a plan change, please email billing@pawtivity.com from your registered email address with your desired plan, group name, username, and a phone number where you can be contacted. Confirmation of changes will be made to your registered email address.

Refunds are available to first-time group organizers (“First Time Refunds”) after the first 30 days of their group. No further refunds are allowed thereafter. First Time Refunds do not apply to a Transferred Plan, even if the new group organizer has never been a group organizer. All PURCHASES ARE FINAL AND NO REFUND WILL BE GIVEN FOR UNUSED PORTIONS OF YOUR PLAN, UNLESS SPECIFIED.

Pawtivity reserves the right to refuse, suspend, limit the number of, or terminate a group at our sole discretion at any time.

 

Other Fees and Payments

Fees paid of any kind for an event and/or to a group are at the discretion of the event host and/or group organizer, respectively. You acknowledge that Pawtivity does not control the transaction on fees paid for an event and/or to a group nor receive those transaction in any amount. All disputes, questions, or requests for refunds should be handled separately with the event host and/or group organizer, and not Pawtivity. You agree to bear all risk in connection with fees paid for an event and/or to a group. Group organizers and event hosts acknowledge and agree that transactions of any kind is a transaction between you and a third party, not Pawtivity, and that you bear all risk in connection to that transaction. If there is no event host on an event, you may be directed to an external link of Third Party Services outside of our control, ownership and responsibility. You agree to relieve Pawtivity from any and all liability arising from your use of any Third Party Services. We may, but shall have no obligation to, remove, refuse or limit any events at any time, at our sole discretion and without notice to you.

 

Disclaimer of Liabilities Related to Fees and Payments

All purchases, payments, and fees made through or charged by the Website or by any group or community through the Website are governed by the third party payment systems though which such payments or purchases are made, and Pawtivity does not warrant such third party services or their providers nor shall Pawtivity have any liability related to the provision of such services by such third party providers, as more fully set forth in the “Disclaimer of Warranties” and “Limitation of Liability” sections below.

 

Group Cancellation and Ownership Transfer

You may cancel your group by visiting your “Group Admin” page and selecting “Delete Permanently.” Pawtivity will send a notice to group members announcing the date of group closure. In the meantime, your group will remain active. Thereafter, the group will be terminated and removed at the end of your Current Term.

Instead of canceling your group, you may consider transferring ownership to another group organizer by visiting your “Group Admin” page and selecting “Transfer Ownership.” Upon acceptance by a new group organizer of this request, the Transferred Plan (the “Transferred Plan”) will be reassigned to the new group organizer’s account at the same plan features, terms and rates given to the prior group organizer. The Transferred Plan will still be terminated at the end of the Current Term unless the new group organizer selects a new plan based on current offerings.

The new group organizer may renew a group by emailing billing@pawtivity.com from their registered email at least 14 days before the end of the Transferred Plan’s Current Term. Confirmation of changes will be made to the new group organizer’s registered email address. The new group organizer must include their desired plan, group name, username, and a phone number where you can be contacted.If the new group organizer fails to renew the plan in the appropriate time, Pawtivity will send a notice out to all group members requesting a new group organizer to take ownership of the group. Interested group members may email billing@pawtivity.com from their registered email address with their interest to take over the group ownership. Requests are taken on a first come first serve basis until 7 days before the end of the Current Term. Confirmation of any changes will be made to a user’s registered email address. If there is no interest, Pawtivity will notify group members announcing the group closure and terminate the group at the end of the Current Term.

If a request to transfer ownership is made within the last 7 days of the Current Term, Pawtivity may grant an additional grace period of an additional 7 days for the new group organizer to accept the request. Pawtivity will not automatically accept this grace period. The current group organizer must request this grace period by emailing billing@pawtivity.com. Otherwise, Pawtivity will terminate the group at the end of the Current Term and notify group members of group closure.

 

Indemnification

You agree to indemnify, defend, and hold harmless the Released Parties from any and all claims, demands, damages, suits, obligations, losses, liabilities, costs, expenses (including but not limited to attorney’s fees), debt, or demands made by any third party due to or arising from; (I) your use and access of the Website and/or related services; (II) your violation of these Terms, including without limitation your breach of any of any representations or warranties made above; (III) your violation of third party rights including without limitation any right of privacy, publicity rights or intellectual property rights; (IV) any claims or damages arising from your Content or anything submitted from your account; (V) your participation with groups or activity and event suggestions on the Website; or (VI) your role as a group organizer in groups on the Website (whether the claim or demand is due to or arising out of your transportation to or from, attendance at, or the actions of you or other users at events in connection with Pawtivity).

Without limiting the foregoing, you as a group organizer will, at your sole expense, and agree to indemnify, defend, hold harmless the Released Parties from any and all claims, demands, damages, suits, obligations, losses, liabilities, costs, expenses (including but not limited to attorney’s fees), debt, or demands made by any group members or third party due to or arising from; (I) your actions as an group organizer on Pawtivity.com or at group events; or (II) your use of money paid to you, if any, by members or sponsors of your group.

 

Warranties

By accessing, using and/or registering with Pawtivity.com and related services you represent and warrant that you are at least 18 years of age and that information you submit at registration is and will maintain true, accurate, and complete at all times.

You also warrant that you have the requisite rights to email, upload, submit, post, or display Content and that such Content does not infringe on the intellectual property and/or proprietary rights of any third party or violate any applicable laws, rules or regulations.

 

Disclaimer of Warranties

ALL RELATED SERVICES OF PAWTIVITY.COM AND CONTENT OR INFORMATION OBTAINED OR ACCESSED THROUGH PAWTIVITY.COM ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY. YOUR USE OF PAWTIVITY.COM AND/OR RELATED SERVICES ARE AT YOUR SOLE RISK.

PAWTIVITY AND ITS OWNERS, THIRD PARTY PROVIDERS, PARTNERS, AFFILIATES, EMPLOYEES, EMPLOYEES, LICENSORS, LICENSEES AND SUPPLIERS (COLLECTIVELY THE “RELEASED PARTIES”) MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE WEBSITE AND DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO SUCH RELATED SERVICES, CONTENT OR INFORMATION INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, AND WARRANTIES RELATING TO PERFORMANCE, TIMELINESS, SECURITY, INTERRUPTIONS, ERRORS, MISTAKES, INACCURACIES, OR OMISSIONS IN THE WEBSITE, OR ANY PART THEREOF.

THE RELEASED PARTIES FURTHER DISCLAIM ANY WARRANTIES OR REPRESENTATIONS FOR INFORMATION OR ADVICE OBTAINED THROUGH THE WEBSITE, FOR THE ACCURACY, RELIABILITY, OR COMPLETENESS OF CONTENT, INFORMATION, OR ADVICE ON PAWTIVITY.COM AND RECEIVED BY OR THROUGH ANY LINKS ON THE WEBSITE, FOR PRODUCTS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR RECEIVED THROUGH ANY LINKS, AS WELL AS OTHER WARRANTIES RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS OF THE RELEASED PARTIES.

YOU AGREE THAT YOU USE PAWTIVITY.COM AND RELATED SERVICES ENTIRELY AT YOUR OWN RISK AND THAT ANY CONSEQUENT DAMAGE OR LOSS WILL BE YOUR SOLE RESPONSIBILITY.  YOU FURTHER AGREE THAT PAWTIVITY IS NOT AN AUTHORITY FOR HEALTH AND WELLNESS ADVICE FOR YOU OR YOUR DOG AND THAT ANY CONTENT ON PAWTIVITY.COM WHETHER PROVIDED BY US OR BY THIRD PARTIES SHOULD NOT BE USED IN PLACE OF ADVICE FROM A VETERINARIAN, QUALIFIED PROFESSIONAL, OR FROM ANY APPROVED PRODUCT PACKAGING OR LABEL.

YOU ACKNOWLEDGE AND AGREE THAT ALL ACTIVITIES THAT MAY BE POSTED ON PAWTIVITY.COM OR SUGGESTED BY A GROUP CARRY INHERENT AND SIGNIFICANT RISKS OR PROPERTY DAMAGE, BODILY INJURY OR DEATH, THAT YOU HAVE THE CHOICE TO MAKE DECISIONS IN REGARDS TO WHETHER OR NOT TO PARTICIPATE IN ANY ACTIVITY AND HOW YOU CARRY OUT AN ACTIVItY, AND THAT YOU VOLUNTARILY ASSUME ALL KNOWN AND UNKNOWN RISKS ASSOCIATED WITH THESE ACTIVITIES EVEN IF CAUSED IN WHOLE OR PART BY THE ACTION, INACTION OR NEGLIGENCE OF PAWTIVITY OR BY THE ACTION, INACTION OR NEGLIGENCE OF OTHERS USING THE WEBSITE OR ASSOCIATED WITH A GROUP IN ANY WAY AND IN ANY SITUATION, SETTING, OR ENVIRONMENT.

 

Limitation of Liability

YOU AGREE THAT IN NO EVENT OR CIRCUMSTANCE SHALL THE RELEASED PARTIES BE LIABLE IN ANY MANNER WHATSOEVER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFITS, REVENUES, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES IN CONNECTION WITH PAWTIVITY.COM AND/OR RELATED SERVICES OR ARISING OUT OF (I) YOUR ACCESS, USE OR INABILITY TO USE THE WEBSITE AND/OR RELATED SERVICES, (II) ANY FAILURE OF PERFORMANCE, SECURITY, ERRORS, OMISSION, INACCURACIES, INTERRUPTIONS, DEFECTS, DELAY IN OPERATIONS OR TRANSMISSIONS, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE (INCLUDING LOSS PROFITS, LOSS OF BUSINESS OR DATA, BUSINESS INTERRUPTION, AND DAMAGES THAT RESULT FROM INACCURACY OF THE INFORMATION OR INCONVENIENCE, DELAY, OR LOSS OF THE USE OF THE WEBSITE); (III) PERSONAL INJURY TO YOU OR YOUR DOG OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE OR IN CONNECTION TO ANY ACTIVITY OR EVENT POSTED ON THE WEBSITE, (IV) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL IDENTIFIABLE INFORMATION AND FINANCIAL INFORMATION STORED THEREIN, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBITE BY ANY THIRD PARTY. IN NO EVENT WILL PAWTIVITY’S AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED ONE HUNDRED U.S. DOLLARS (U.S. $100.00).

BECAUSE SOME STATES DO NOT ALLOW EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES OR IMPLIED WARRANTIES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE RELEASED PARTIES’ LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

 

Assignment

These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Pawtivity without restriction.

 

Suspension and Termination

You agree that Pawtivity reserves the right to suspend or terminate your license and account and/or service at our sole discretion, with or without cause or notice to you. We also reserve the right to remove or delete your Content for any violation in our Terms or other reasons we determine and without notice to you. You further agree that we shall not be liable to you or any third party for barring access to any part of your account and Website and that no refunds will be made to you, if any. You will forfeit the period of your Current Term that is under suspension or forfeit your remaining Current Term until your account and/or service is terminated.

 

Dispute Resolution

Any dispute related to your use of the Website or any services or products provided thereby, or any transactions or occurrences related to your use thereof, shall be resolved exclusively by binding arbitration, as follows:  Either party may request that the matter be submitted to arbitration in the State of Maryland, to be conducted by a single arbitrator appointed by the American Arbitration Association (“AAA”) and to be brought in accordance with, and conducted pursuant to, the rules and procedures promulgated by the AAA. If you win, we will pay your arbitration expenses and your reasonable attorneys’ fees. If we win, you agree to do the same for us. By using the Website, you expressly waive any right you might otherwise have had to bring any action against Pawtivity or its officers, employees, affiliates or service providers in any court or other venue, including but not limited to any right you might have had to participate in a class action lawsuit.  You agree and consent that any such action brought by you or in which you participate in violation of the arbitration provisions contained in this Section may be dismissed by Pawtivity and that you will pay the fees and expenses (including attorneys’ fees and expenses) incurred by Pawtivity in connection with the dismissal of any such action or proceeding.  By your use of the Website, you irrevocably agree to the jurisdiction of, and to be subject to dispute resolution in, the State of Maryland under AAA procedures, as described above.

These Terms, together with our Privacy Policy and any other terms you agree to in connection with your use of the Website and/or related services constitute the entire agreement (“Agreement”) between you and Pawtivity.  No waiver or acquiescence with respect to the enforcement of any term shall be deemed a further or continuing waiver of such term or any other term and Pawtivity’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

 

Contact

Do you have any questions? Contact us via email at pawtivity@pawtivity.com.


PawtivityTM Privacy Policy

Updated June 1, 2017

 

The PawtivityTM community (the “Community”) is founded on trust and collaboration. It is very important to us that you understand what information is collected, how information may be used, and how information may be shared. You have many choices to your privacy.

 

General

This document describes the PawtivityTM Privacy Policy (the ” Policy”) for the PawtivityTM website located at www.pawtivity.com (“Pawtivity.com”, the “Website”) and related services offered by Pawtivity LLC (“Pawtivity”, “We”, “Us”, “Ours”).

This Policy does not apply to practices, services, websites, or applications of third parties and companies (“Third Parties”) that are not owned or controlled by Us, or to people who are not employed or managed by Us. We are not responsible for any content or privacy policies from Third Parties. These Third Parties maintain their own policies regarding cookies and the collection and use of information.

By accessing, using, and/or registering with Pawtivity.com and/or related services, you consent to the collection of information as outlined in this Policy. Please contact us if you have any questions about this Policy.

 

Information We Collect & Use

For the purposes of this Policy, “personally identifiable information” shall mean information that could be used to identify you personally, which has not been previously or subsequently disclosed by you on Pawtivity.com.

We will keep your email addresses, passwords, phone numbers, addresses, financial information and similar contact information private and secure.

We will never rent, sell, or share your personally identifiable information or email address except as explicitly provided herein. We may report information in aggregate or on an anonymous basis, but never at an individual level.

We collect personally identifiable information when you register to become a member of Pawtivity.com and when you provide information for use of our services. We also collect personally identifiable information when you register to become a member through and/or in connection with an account that you already have with a social media website (“Social Media Websites”), such as but not limited to Facebook or Google+ or from other Third Parties. By registering through Social Media Websites or Third Parties, you may give us permission to obtain information based on your privacy settings with them and/or their privacy policies.

Personally identifiable information required for access and registration on Pawtivity.com may include, without limitation: your first name, last name, email address, username, password, profile photos, zip code, birthday, billing information, your dog’s name, your dog’s breed, and any other information you provide.

We may also collect information about your demographics, interests, behaviors, click patterns, transactions with us, information about your devices and your specific usage of Pawtivity.com to help provide personalized service. Additional marketing data and Content may also be collected through request for suggestions, feedback, surveys, testimonials, and reviews. Usage data may include but not limited to how often or how long you visit the website, what information you access on the website, referring/exit pages, your internet protocol (IP) address, internet service provider (ISP), browser type, browser language, date/time stamp, number of clicks and other information that your browser sends.

In addition, we may use cookies that may uniquely identify your browser. A cookie is a small file sent by your computer containing a string of characters that is unique to your profile or browser and stored on your computer. This information may be used to remember your log in information and improve the quality of service to you.

Group information that we collect on Pawtivity.com may include, without limitation, your group name, group organizer name identifiable by username, group tagline, city and state, special interest, requirements, group description, and the number of members in that group. Group organizers must provide additional financial information.

We may use collected information to:

  • Contact your registered user account on Pawtivity.com about important information or notices and services that relate to the Website, your registered user account, or to respond to a certain query if you reached out to us. Such information and notices are considered part of our service on your account, which you may not be able to opt-out from receiving;
  • Email you newsletters with published content and targeted promotions and offers, depending on your notification settings;
  • Send you notifications to your registered user account and/or email, depending on your notification settings;
  • Personalize advertising and content for you that match your special interests and online behaviors or that may be used to offer you tailored services and recommendations;
  • Remember and pre-populate personal information, such as login information;
  • Promote our services and company for marketing and sales purposes, but information will be reported in aggregate form or anonymously.
  • Create marketing and sales material with photos and videos submitted to us via email, Pawtivity.com contests, and other postings, but in connection with information that is made public and/or where we have permission from the user.
  • Process payment fees for groups and other features;
  • Compile and report product or service testimonials and reviews;
  • Ensure that Pawtivity.com is performing optimally and respond to technical problems;
  • Analyze trends and improve website performance and usage to improve our services;
  • Research, test, and develop better or new services and offers to our members;
  • Monitor performance metrics about Pawtivity.com traffic and users;
  • Resolve disputes or enforce our Terms and Condition.

 

Interaction with Community

As a community, your submissions and posts may be viewed and shared by others depending on how you set your privacy settings. You have the choice to set how you want to be contacted by others and who can see the information you submit or post. Please keep in mind that other members who can see your information may share that information. We are not responsible for any information that you submit or post on Pawtivity.com. All members must comply with the Terms and Conditions.

Third Parties and Social Media Websites have their own privacy and security practices. We are not responsible for Third Parties and Social Media Websites and encourage you to review their privacy policies and/or your settings with them. We encourage you to understand their applicable privacy notices and policies.

 

Privacy Choices

There are many privacy choices that are offered to you on Pawtivity.com.

You may edit any your information, however, information required for access and registration to Pawtivity.com and related services must always be provided.

Registration through and/or in connection with your account at Social Media Websites or Third Parties can be linked or unlinked to Pawtivity.com. Additional privacy settings may be offered by Social Media Websites or Third Parties to control information shared and collected by Pawtivity.com.

We highly recommend that users set their notification and privacy settings as soon as their account is created and verified. We cannot guarantee the privacy of information if you do not review your settings or later change a setting. For example, if you change your privacy settings from allowing everyone to only friends see your personal photos and videos, we cannot guarantee that someone other than a friend may not have shared and commented on your personal photo and video to others.

You will always be given a choice to subscribe or unsubscribe from our emails. These options are available in our email footer, in the website footer, and/or in your notification settings. You also have privacy settings that control how may view certain information or areas of the Website as well as determine who may send you information.

You may delete your Pawtivity.com account at any time. Your account includes information about yourself and any dogs you have added to your account. Deleting your account will remove all content associated with your account. However, we may retain information as required by law or for legitimate business purposes. We may also retain and continue to use Content, as defined in our Terms and Conditions, from a deleted account if Pawtivity and users have used, stored, or shared that content when the account was still active.

 

Disclosure and Sharing of Information

You agree and acknowledge the following: Your username, first name, state, profile photos, profile taglines, dog’s name(s) and comments on articles, pawtivities and events will always be made public on the Website. Your photos and videos that you submit for points on a completed activity challenge, pawtivity, or event will also be made public. Completion of these activities releases basic stats about your dog on the leaderboard rankings and allows other members to comment, like, save, and share photos or videos related to your completed activity challenge, pawtivity, or event. Basic stats about your dog may include, your dog’s breed, your dog’s rank and total points.

You further acknowledge that publicly available information is made available through syndication programs, by search engines, metasearch tools, crawlers, metacrawlers and similar programs.

You may choose your privacy settings for any other information that you provide, submit, post, or comments on Pawtivity.com. Any suggested pawtivity, suggested event, or business listing that you submit grants us the right to use such information as we see fit on Pawtivity.com, however, you have a choice if we may contact you about your submission.

User and member information may be reported at an aggregate or anonymous basis for the purpose of negotiating and establishing service and/or partner agreements. To the extent that we provide personally identifiable information to Third Parties that provide services to Pawtivity.com, we seek to restrict their ability to use information for marketing purposes and try to choose Third Parties that share similar privacy beliefs. Ultimately, we are not responsible for their privacy policies nor policies regarding cookies and the collection and use of information.

You understand and agree that we may access, preserve, and disclose your personal information and the contents of your account if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to comply with any legal process.

We may also share your personal information under the following circumstances: (I) To satisfy an enforceable governmental request or in good faith belief that such disclosure is reasonably necessary to comply with legal process from but not limited to a subpoena, court order, search warrant, statute, or defending against legal claims; (II) To enforce applicable Terms and Conditions or respond to claims; (III) To detect, prevent, investigate, or address fraud, security, or technical issues; (IV) To protect against imminent harm to the rights, property or safety of Pawtivity, its users, or the public, as required or permitted by law, and to protect against potential threats to the physical safety of another person; (V) If Pawtivity.com is sold, merged, or acquired, we will notify you via email and/or a prominent notice on the website of any change to ownership, use of your personally identifiable information, and/or your privacy choices; (VI) If you give your consent for us to share your information or to fulfill the purpose for which you provided the information (e.g., if you contact another Community member and provide any contact information); (VII) to our subsidiaries and affiliates; and/or (VIII) To contractors, service providers and other third parties we use to support our business [and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them].

 

Children

Children under the age of 18 (“Child”) may not register an account on the website nor may they upload content to, or access content from, the Website. Confirmation of age is a requirement in our registration process.  Please email us at pawtivity@pawtivity.com if you believe that your Child has provided us with any personal information and/or has created an account.  We will investigate the matter and remove any information your Child may have submitted or posted and/or delete your Child’s account.  We will take the same measures if you believe your Child has accessed your account.  You further agree that Pawtivity cannot and will not be liable for any loss or damage arising from the deletion of information on your account arising from your failure to comply with our Terms regarding Membership.

 

Changes to Privacy Policy

We reserve the right to update and/or change this policy from time to time. Changes are effective once updated and dated on the Policies page of the website. By continuing to access or use Pawtivity.com and/or related services after those changes become effective, you agree to be bound by the revised Policy.

 

Disclaimer

While we have implemented measures to protect your personally identifiable information, no data transmission can be guaranteed to be absolutely secure. You acknowledge and agree that Pawtivity cannot ensure or warrant the security of any information you provide and that you provide your personally identifiable information, contact, and similar information at your own risk.

All personal information you provide to the Website is transmitted using SSL (Secure Socket Layer) encryption. SSL is a proven coding system that lets your browser automatically encrypt, or scramble, data before you send it to us.

 

Dispute Resolution

Any dispute or claim arising out of this Policy or any previous Policy shall be resolved through arbitration as provided under the “Dispute Resolution” section of our Terms and Conditions.

 

Contact

Do you have any questions? Contact us via email at pawtivity@pawtivity.com.