JohannTheDog.com
IMPORTANT! YOUR USE AND ACCESS TO THIS WEBSITE IS SUBJECT TO THE FOLLOWING LEGALLY BINDING TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE LEAVE THIS WEBSITE IMMEDIATELY.
This Terms of Use Agreement (the "Agreement") is between you ("You") and Johnnthedog.com, a corporation incorporated pursuant to the laws of the State of Indiana, United States of America. (hereinafter referred to as “Johannthedog.com”). In this Agreement, “We” or “Us” refers to Johannthedog.com, its owners, officers, directors, employees and agents. This Agreement sets out the terms and conditions applicable to Your access and use of johannthedog.com (the “Site”). By Your use of the Site, You agree to be contractually bound by the terms of the Agreement, including any modifications that We may make. You also consent to the collection and use of your personal information as outlined in our privacy policy located on our Site. This Agreement was last updated on October 21, 2005.
YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT WILL JOHANNTHEDOG.COM BE LIABLE TO YOU FOR DAMAGES OR LOSSES RESULTING FROM OR ARISING UNDER ANY CAUSE IN CONNECTION WITH YOUR USE OF, MISUSE OF, OR, RELIANCE ON THE SITE, OR ON THE SITE CONTENT WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) VIRUSES, DATA CORRUPTION, FAILED MESSAGES, DAMAGES ARISING AS A RESULT OF: TRANSMISSION ERRORS OR PROBLEMS, TELECOMMUNICATIONS SERVICE PROVIDERS, JOHANNTHEDOG.COM’S CONTRACTORS, THE INTERNET BACKBONE, THIRD-PARTY SUPPLIER OF PRODUCTS OR SERVICES, DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS, OR ANY EVENTS BEYOND THE REASONABLE CONTROL OF JOHANNTHEDOG.COM
The Site contains content that We create as well as content provided by third parties. This content includes, among other things, product reviews, articles, and directory listings. It also includes information about products and services offered by parties other than Johannthedog.com, such as product descriptions, specifications, pricing, availability, and performance. The Site and its content is provided to You "as is". We do not guarantee the accuracy, the integrity, or the quality of the content on the Site, and You may not rely on any of this content.
We do not sell, resell, or license any of the products or the services that We review, list, or advertise on the Site, and We disclaim any responsibility for or liability related to them. This Site and its content are not to be construed as a form of promotion or an offer to sell any product or service. The mention of another party or its product or service on the Site should not be construed as an endorsement of that party or its product or service. Your correspondence or related activities with third parties, including payment transactions and goods-delivery transactions, are solely between You and that third party. You agree that We will not be responsible or liable for any loss or damage of any sort incurred as the result of any of Your transactions or other dealings with third parties. Any questions, complaints, or claims related to any product or service should be directed to the appropriate vendor.
When You visit external websites from the Site, You do so entirely at Your own risk. In providing links to other sites, Johannthedog.com is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that Johannthedog.com is affiliated or associated with same. We make no guarantees with regard to the accuracy or correctness of the information in any websites We may link to or refer to. We do not recommend or endorse any third-party content, including without limitation any hyper-links to or content found, outside of the Site. We do not assume and are not responsible for any liability for any of the information, interpretation, comments or opinions expressed in any of the linked websites, nor for any losses arising from the use of external websites.
You acknowledge that any and all information, content, comments, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Site (collectively the “Content”) including the manner in which the Content is presented or appears and all information relating thereto, are the property of their respective owners as indicated, Johannthedog.com, or its licensors, as the case may be. Johannthedog.com is a protected trade-mark and trade-name of Johannthedog.com, Inc. You agree that the Content and the selection, arrangement, architecture and enhancement of the Content and other Site features (the "Website Design") are protected by USA and international intellectual and industrial property rights, including copyrights, trade-marks and other proprietary rights. These rights are valid and protected in all media existing now or later developed, and all use of the Content or Website Design shall be in accordance with such rights and the terms of this Agreement.
Johannthedog.com grants You a limited, non-exclusive, non-transferable, revocable license to access, read and download a single copy of the Site's Content for the sole purpose of personal, non-commercial use.
License to Use Content You Submit
You hereby grant to Johannthedog.com the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, and to authorize such acts, any information or other content You provide on or through the Site or which is sent to Johannthedog.com by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. Johannthedog.com shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by Johannthedog.com in writing or required by law. You represent and warrant that You have the right to grant the license set out above.
You hereby consent and submit to the EXCLUSIVE jurisdiction of the courts of the United States of America in any action or proceeding related to the Site or Content and agree not to commence any such action or proceeding except in Carmel, Indiana, USA. The laws of the State of Indiana and the United States of America applicable therein shall govern use of the Site and the interpretation, validity and effect of this Agreement, and shall be treated in all respects as an US contract, notwithstanding any conflict of laws, provisions or Your domicile, residence or physical location. You agree to waive any right You may have to: (i) a trial by jury; and (ii) commence or participate in any class action against Johannthedog.com related to the Site, the Content, or this Agreement and, where, applicable, You also agree to opt out of any class proceedings against Johannthedog.com or its licensors. We have required that this Agreement and all documents relating thereto be drawn-up in English.
This Agreement in electronic form shall be the equivalent of an original written paper agreement between Us. The Agreement as it may be amended from time to time, and any and all other notices marked as “LEGAL NOTICE:” on the Site, constitute the entire agreement between You and Johannthedog.com.
Johannthedog.com reserves the right, in its discretion, to amend this Agreement at any time by posting amendments on the Site. You are responsible for periodically reviewing the amendments on the Site and You are deemed to be aware of such amendments. If You do not agree to the amended terms and conditions, You shall immediately stop using the Site. Access to the Site or use of the Site after any amendments have been posted shall constitute Your acknowledgement and acceptance of the amended terms and conditions. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on Johannthedog.com unless signed by Johannthedog.com in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement with the exception of using the headings to identify the clauses that shall survive the termination of this Agreement in accordance with this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations.
Any provision of this Agreement which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
This Agreement is effective until terminated by Johannthedog.com, with or without cause, in Johannthedog.com’s sole and unfettered discretion. Johannthedog.com may terminate this Agreement without notice to You. Any such termination by Johannthedog.com shall be in addition to and without prejudice to such rights and remedies as may be available to Johannthedog.com, including injunction and other equitable remedies. The sections under the headings; "Limitation of Liability", "Indiana and US Law and Venue", "License to Use Content You Submit", "Interpretation", and "Termination", shall survive the termination or expiry of this Agreement.
If You have any questions, concerns or complaint's with respect to the Site or its Content You may contact Us at:
Johannthedog.com 12628 Stanwich Place Carmel IN 46033 USAWe can be reached via e-mail at info@johannthedog.com
© Johannthedog.com 2005. All rights reserved.