Sporting Dog Pro Terms of Use
Last Updated: January 3rd, 2013
Introduction
Welcome to the Internet sites of The Cardinal Trading Company, LLC. and its
subsidiaries ("Sporting Dog Pro"). "Sporting Dog Pro Sites" include
SportingDogPro.com and all related dirivatives there of which these Terms of Use are posted.
Sporting Dog Pro is sometimes referred to herein as "we," "us" or "our".
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING ANY SPORTING
DOG PRO SITE. By using any Sporting Dog Pro Site you signify your agreement to these Terms of
Use. If you do not agree to these Terms of Use, you may not use the Sporting Dog
Pro Sites.
Note that special terms might apply to some services or features offered on
certain Sporting Dog Pro Sites. These terms are posted in connection with the
applicable service or feature. Any such terms are in addition to these Terms of
Use, and in the event of a conflict, prevail over these Terms of Use.
Sporting Dog Pro may modify these Terms of Use at any time by updating this
posting. You are bound by any such modification and should therefore visit this
page periodically to review these Terms of Use.
Use of Content
The content contained on Sporting Dog Pro Sites, such as text, graphics, images,
audio, video and other material, as well as the domain names, tagline,
organization and user look-and-feel (collectively, the "Content"), is protected
by copyright, trademark and other such laws in the United States and foreign
countries, and is owned or controlled by Sporting Dog Pro or by third parties
that have licensed their Content to Sporting Dog Pro. Unauthorized use of the
Content may violate copyright, trademark, and other laws. Where a Sporting Dog
Pro Site is configured to enable the download of particular Content, you may
download one copy of such Content to a single computer for your personal,
noncommercial home use only, provided that (a) you retain all copyright and
other proprietary notices contained in the original Content, (b) you may not
sell or modify the Content or reproduce, display, publicly perform, distribute,
or otherwise use the Content in any way for any public or commercial purpose
without the prior written permission of Sporting Dog Pro, and (c) you may not
use the Content in a manner that suggests an association with any of our
products, services or brands.
You may not, without the prior written permission of Sporting Dog Pro, "mirror"
on any other server any material contained on any Sporting Dog Pro Site. The use
of the Content on any other Web site or in a networked computer environment for
any purpose is prohibited, without the express written permission of Sporting
Dog Pro. The trademarks, logos and service marks (the "Marks") displayed on the
Sporting Dog Pro Sites are owned by Sporting Dog Pro or third parties. You are
prohibited from use of those Marks without the express, written permission of
Sporting Dog Pro or such third party. If you would like information about
obtaining Sporting Dog Pro's permission to use the Content on your Web site,
e-mail [email protected].
In the event that we offer downloads of software on a Sporting Dog Pro Site and
you download such software, the software, including without limitation any
files, images incorporated in or generated by the software, and data
accompanying the software (collectively, the "Software") is licensed to you by
us or third-party licensors for your personal, noncommercial home use only. We
do not transfer title to the Software to you. You may not distribute or
otherwise exploit the Software or decompile, reverse engineer, disassemble or
otherwise reduce the Software to a human-readable form. UNLESS OTHERWISE
SPECIFICALLY AND EXPRESSLY STATED ELSEWHERE, SPORTING DOG PRO HEREBY DISCLAIMS
ALL WARRANTIES WITH REGARD TO THE SOFTWARE, INCLUDING WITHOUT LIMITATION ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT, WHETHER SUCH WARRANTIES ARE EXPRESS, IMPLIED OR STATUTORY.
SPORTING DOG PRO SHALL NOT BE LIABLE FOR (1) ANY INACCURACY, ERROR IN OR FAILURE
OF THE SOFTWARE; (2) ANY LOSS OR DAMAGE (INCLUDING WITHOUT LIMITATION ANY
CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL OR EXEMPLARY DAMAGES) ARISING FROM
ANY DOWNLOAD OR USE MADE OF THE SOFTWARE, OR OCCASIONED BY ANY SUCH INACCURACY,
ERROR OR FAILURE OF THE SOFTWARE. IF ANY OF THE ABOVE PROVISIONS ARE VOID UNDER
APPLICABLE LAW, Sporting Dog Pro'S LIABILITY SHALL BE LIMITED TO THE FULL EXTENT
PERMITTED BY LAW.
Public Forums and Communication
"Public Forum" means an area, site or feature offered as part of any Sporting
Dog Pro Site that offers the opportunity for users to submit content ("User
Submissions") for viewing by one or more Sporting Dog Pro Site users, including
without limitation a message board, forum, social community environment,
conversation page, or blog.
You acknowledge that Public Forums and features offered therein are for public
and not private communications, and you have no expectation of privacy with
regard to any User Submission to a Public Forum. We cannot guarantee the
security of any information you disclose through any of these media; you make
such disclosures voluntarily and at your own risk. You should use good judgment
when posting information, remarks or other content regarding other users,
service providers, Sporting Dog Pro or any other third party. You may be held
legally responsible for damages suffered by other users, Sporting Dog Pro or
third parties as a result of legally actionable or defamatory comments, remarks
or other information or content which you post to a Sporting Dog Pro Site.
Sporting Dog Pro is not legally responsible for any User Submissions, even if a
User Submission is defamatory or otherwise legally actionable.
You are and will remain solely responsible for the User Submissions you
distribute on or through any Sporting Dog Pro Site in any Public Forum and for
the consequences of submitting and posting same. We have no duty to monitor any
Public Forum. You will be solely liable for any damage resulting from any
infringement of copyrights, proprietary rights, or any other harm resulting from
a User Submission. By submitting material to any Sporting Dog Pro Site, you
automatically grant, or warrant that the owner of such material has expressly
granted, Sporting Dog Pro the royalty-free, perpetual, irrevocable,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate and distribute such material (in whole or in part) worldwide and/or to
incorporate it in other works in any form, media or technology now known or
hereafter developed for the full term of any copyright or other rights that may
exist in such material. You also permit any other user to access, view, store or
reproduce the material for that user's personal use. You hereby grant Sporting
Dog Pro the right to edit, copy, publish and distribute any material you make
available on any Sporting Dog Pro Site.
You acknowledge that your use or reliance upon any User Submission posted in any
Public Forum is at your own risk. For example, we are not responsible for, and
we do not endorse, the opinions, advice, or recommendations posted or sent by
users in any Public Forum and we specifically disclaim any and all liability in
connection therewith. We do not confirm nor verify the qualifications,
background, or abilities of users or the information they post in any Public
Forum. Therefore, we recommend that you be careful and exercise common sense and
good judgment when using any Sporting Dog Pro Site or Public Forum.
Rules of Conduct: you agree that you will not submit any User Submission on any
Sporting Dog Pro Site that:
- is defamatory, abusive, harassing, threatening, or an invasion of a right of
privacy of another person;
- is bigoted, hateful, or racially or otherwise offensive;
- is violent, vulgar, obscene, pornographic or otherwise sexually explicit, or
otherwise harms or can reasonably be expected to harm any person or entity;
- is illegal or encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them, including a User Submission
that is, or represents an attempt to engage in, child pornography, stalking,
sexual assault, fraud, trafficking in obscene or stolen material, drug dealing
and/or drug abuse, harassment, theft, or conspiracy to commit any criminal
activity;
- infringes or violates any right of a third party including: (a) copyright,
patent, trademark, trade secret or other proprietary or contractual rights; (b)
right of privacy (specifically, you must not distribute another person's
personal information of any kind without their express permission) or publicity;
or (c) any confidentiality obligation;
- is commercial, business-related or advertises or offers to sell any products,
services or otherwise (whether or not for profit), or solicits others (including
solicitations for contributions or donations);
- contains a virus or other harmful component, or otherwise tampers with, impairs
or damages the Sporting Dog Pro Sites or any connected network, or otherwise
interferes with any person or entity's use or enjoyment of the Sporting Dog Pro
Sites;
- (a) does not generally pertain to the designated topic or theme of the relevant
Public Forum; (b) violates any specific restrictions applicable to a Public
Forum, including its age restrictions and procedures; or (c) is antisocial,
disruptive, or destructive, including "flaming," "spamming," "flooding,"
"trolling," and "griefing" as those terms are commonly understood and used on
the Internet; or
- is false or misleading.
We cannot and do not assure that other users are or will be complying with the
foregoing Rules of Conduct or any other provisions of these Terms of Use, and,
as between you and us, you hereby assume all risk of harm or injury resulting
from any such lack of compliance.
We reserve the right, but disclaim any obligation or responsibility, to refuse
to post or communicate or remove any User Submission from any Sporting Dog Pro
Site that violates these Terms of Use (including the Rules of Conduct).
Accounts
Some services on the Sporting Dog Pro Sites permit or require you to create an
account to participate or to secure additional benefits. You agree to provide,
maintain and update true, accurate, current and complete information about
yourself as prompted by our registration processes (the "Registration Data").
You agree not to impersonate any person or entity or misrepresent your identity
or affiliation with any person or entity, including using another person's
username, password or other account information, or another person's name,
likeness, voice, image or photograph. You also agree to notify us promptly at [email protected] of any unauthorized use of your username,
password, other account information, or any other breach of security that you
become aware of involving or relating to any Sporting Dog Pro Site.
We may suspend or terminate your account and your ability to use any Sporting
Dog Pro Site or portion thereof for failure to comply with these Terms of Use or
any special terms related to a particular service.
Sporting Dog Pro's Liability
Sporting Dog Pro makes no representations or warranties about the accuracy,
reliability, completeness, or timeliness of the Content or about the results to
be obtained from using the Sporting Dog Pro Sites and the Content. Any use of
the Sporting Dog Pro Sites and the Content is at your own risk. Changes are
periodically made to Sporting Dog Pro Sites and may be made at any time. Some
Content on the Sporting Dog Pro Sites may be provided by third parties and
Sporting Dog Pro will not be held responsible for any such Content provided by
third parties.
SPORTING DOG PRO DOES NOT WARRANT THAT THE SPORTING DOG PRO SITES WILL OPERATE
ERROR-FREE OR THAT THE SPORTING DOG PRO SITES OR THEIR SERVERS ARE FREE OF
COMPUTER VIRUSES OR OTHER HARMFUL GOODS. IF YOUR USE OF THE SPORTING DOG PRO
SITES OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR
LOSS OF PROFITS OR DATA, SPORTING DOG PRO WILL NOT BE RESPONSIBLE FOR THOSE
COSTS.
THE SPORTING DOG PRO SITES AND CONTENT ARE PROVIDED ON AN 'AS IS' BASIS WITHOUT
ANY WARRANTIES OF ANY KIND. SPORTING DOG PRO, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF
MERCHANTABILITY, NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS, AND THE
WARRANTY OF FITNESS FOR PARTICULAR PURPOSE.
Disclaimer of Certain Damages
Your use of the Sporting Dog Pro Sites is at your own risk. If you are
dissatisfied with any of the Content or other contents of the Sporting Dog Pro
Sites or with these Terms and Conditions, your sole remedy is to discontinue use
of the Sporting Dog Pro Sites. IN NO EVENT WILL SPORTING DOG PRO OR ANY THIRD
PARTIES MENTIONED AT THE SPORTING DOG PRO SITES BE LIABLE FOR ANY DAMAGES
WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, INCIDENTAL, EXEMPLARY, AND
CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR
BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SPORTING
DOG PRO SITES AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY, AND WHETHER OR NOT SPORTING DOG PRO IS ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR
EXCLUSION MAY NOT APPLY TO YOU, IN WHICH CASE SUCH EXCLUSION OR LIMITATION
APPLIES TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW.
Links to Other Sites
The Sporting Dog Pro Sites may contain links to third party Web sites that are
maintained by others. Any such links are provided solely as a convenience to you
and not as an endorsement by Sporting Dog Pro of the contents on such
third-party Web sites. Sporting Dog Pro is not responsible for the content of
linked third-party sites and does not make any representations or warranties
regarding the content or accuracy of materials on such third-party Web sites or
the privacy practices of such third parties. If you decide to access linked
third-party Web sites, you do so at your own risk.
Indemnity
You agree to defend, indemnify, and hold harmless Sporting Dog Pro, its
officers, directors, employees and agents, from and against any claims, actions
or demands, including without limitation reasonable legal and accounting fees,
alleging or resulting from your breach of these Terms of Use.
Export Control
The United States and certain other countries control the export of products and
information. You agree to comply with such restrictions and not to export or
re-export the Content to countries or persons prohibited under export control
laws. By downloading the Content, you are agreeing that you are not in a country
where such export is prohibited and that you are not on the U.S. Commerce
Department's Table of Denial Orders or the U.S. Treasury Department's list of
Specially Designated Nationals. You are responsible for compliance with the laws
of your local jurisdiction regarding the import, export, or re-export of the
Content.
Special Notice Regarding the Potential Collection of User Information from Users
of my.SportingDogPro.com
You should review Sporting Dog Pro's Privacy Statement at www.sportingdogpro.com/privacy.php for more information regarding the ways
in which Sporting Dog Pro collects, uses and shares this information and other
information relating to you.
Copyright Policy
Sporting Dog Pro respects the intellectual property rights of others. It is
Sporting Dog Pro's policy, at its discretion and when appropriate, to terminate
the accounts of users who may infringe or repeatedly infringe the copyrights of
third parties.
To submit a copyright infringement notification to Sporting Dog Pro, please
submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing the below-specified Copyright Agent with the following information
in writing:
- A physical or electronic signature of a person authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
- Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site.
- Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit the service
provider to locate the material.
- Information reasonably sufficient to permit the service provider to contact the
complaining party, such as an address, telephone number, and, if available, an
electronic mail address at which the complaining party may be contacted.
- A statement that the complaining party has a good faith belief that use of the
material in the manner complained of is not authorized by the copyright owner,
its agent, or the law.
- A statement that the information in the notification is accurate, and under
penalty of perjury, that the complaining party is authorized to act on behalf of
the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of the
preceding paragraph, your DMCA notice may not be valid. Please see 17 U.S.C. §
512 for more information regarding the DMCA and DMCA notifications.
Our Agent to Receive Notification of Claimed Copyright Infringement can be
reached as follows:
By Email:
[email protected]
By Mail:
DMCA Designated Agent
Attn: Legal Department
Cardinal Trading Company, LLC.
P.O. Box 12616
Charlotte, NC 28220-12616
General
Except to the extent provided below in this paragraph, all legal issues arising
from or related to the use of any Sporting Dog Pro Site will be construed in
accordance with and determined by the laws of the State of South Carolina applicable to
contracts entered into and performed within the State of South Carolina without respect
to its conflict of laws principles. By using a Sporting Dog Pro Site, you agree
that the exclusive forum for any claims or causes of action arising out of your
use of the Sporting Dog Pro Site is the United States District Court for the
District of South Carolina, or any South Carolina State court sitting in
Charleston County. You
hereby irrevocably waive, to the fullest extent permitted by law, any objection
which you may now or hereafter have to the laying of the venue of any such
proceeding brought in such a court and any claim that any such proceeding
brought in such a court has been brought in an inconvenient forum. If (a) you
are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not
accessing the Sporting Dog Pro Site from the U.S.; and (d) you are a citizen of
one of the countries identified below, you hereby agree that any dispute or
claim arising from this Terms of Use will be governed by the applicable law set
forth below, without regard to any conflict of law provisions, and you hereby
irrevocably submit to the jurisdiction of the courts located in the state,
province or country identified below whose law governs:
If you are a citizen of: |
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Governing law and forum: |
| Any European Union country |
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English laws; London, England |
In the event of a complaint, or to request further information, the provider may
be contacted in writing at Sporting Dog Pro, PO Box 12616, Charlotte, NC 28220-12616, USA, or by e-mail at [email protected].
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