Lucky Puppy Privacy Policy

By accessing our site, you agree to our privacy policy and terms of use. The information contained on LuckyPuppyMag.com is NOT meant to be a substitute for advice from your own veterinarian or dog trainer. All content is for informational purposes only.

This Privacy Policy sets forth the online data collection, processing, storage, transfer, and usage policies and practices of Homelife Media, LLC, a California limited liability company (“HLM,” the “Company,” “us,” “we” and “our” are used interchangeably), and the operator of LuckyPuppyMag.com and the mobile version thereof (the “Site”) that apply to you, the user (“User” or “you”), and your use of the Site and Service.  By using or accessing the Site or Service or any portion thereof or otherwise signing up for email notices and communications, you accept the practices described in this Privacy Policy, our Copyright Policy and our Terms of Use.  Unless otherwise defined herein, capitalized terms set forth in this Privacy Policy shall have the meaning set forth in the Terms of Use.

This policy does not apply to information collected through any other website, mobile application, service or to the practices of companies that HLM does not control.  We are not responsible for the privacy practices of others or other websites, and we recommend that you read the privacy policies of each website and application that you visit and use.

In certain instances, users of the Service have the option of registering an account with us and becoming a User, or merely browsing the Site as a visitor without providing Personal Information, as defined below, to us.  You should note, however, that many of the features of the Site and Service can only be accessed by Users.

We respect the privacy of all users of the Site and Services, and unless otherwise set forth in this Privacy Policy or in any applicable Terms of Use, disclaimer or legal statement related to the Site, and/or Services, we will not release your private, password protected Personal Information (defined in Section 1 below) without your permission, except as necessary to perform the Services.

  1. Personal Information

“Personal Information” is unique information that identifies you. Personal Information includes information such as your name, email address, or telephone number. The personally identifiable information may include email addresses, profile pictures or other similar information linked to your Registered Account through the access you granted to us through your Facebook account.

Certain aspects of your Personal Information will be visible on the Site to other Users. Visible information may include your name, your profile picture and your email address. All other Personal Information not described above will remain private and not publicly available on the Site or Services. For the avoidance of doubt, nothing shall prevent you from sharing Personal Information with other Registered Users.

We may also ask you for financial information for payment purposes, including, but not limited to your billing name; billing address; credit, debit, bank card or PayPal account information; or any other information that we, in our sole discretion, deem appropriate (“Payment Information”). We will not store your Payment Information on our database.  Once you provide us with your Payment Information to us, we will forward the information to our third party payment processor, who will only use your Payment Information to process your payment of the ordered products.

You can review and update your private, password protected Personal Information and Payment Information that you provide us in your user account.  Please be aware that even after your request for a change to your Personal Information is processed, we may, for a time, retain residual information about you in backup and/or archival copies in our database.  Additionally, you can also close your user account through the Site. If you close your Registered Account, we will remove your private, password protected Personal Information from our database. However, please note that in the event you delete your Registered Account, we will retain any aggregated Non-Personal Information on our database.

  1.        Subscribing and Unsubscribing From HLM Communications

When you create a user account, you have the option of subscribing to our email notices and communications (“Company Communications”).  If you did not elect to receive Company Communications when you created a user account, you can subscribe to the Company Communications by emailing the Site administrator at [[email protected]].  You can unsubscribe from Company Communications by emailing the Site administrator at the email address listed above.

Please be aware that even after you unsubscribe, we may retain information about you to make sure you remain unsubscribed until requested to re-subscribe to Company Communications.

  1.      Sharing and Disclosure of Personal Information

Except as otherwise described in this Privacy Policy and the Terms of Use, we will not disclose private, confidential Personal Information to any third-party unless we believe that disclosure is necessary to: (i) comply with the law, conform to legal requirements or to respond to a subpoena, search warrant or other legal process received by us, whether or not a response is required by applicable law; (ii) enforce the Agreement or to protect our rights, property and interests (or of an Affiliate); or (iii) protect the safety of members of the public and Users.

In addition, we disclose information to companies and individuals we employ or contract with to perform functions on our behalf. Examples include, but are not limited to, hosting our web servers, analyzing data, providing marketing assistance, processing payments for the ordered products, and conducting criminal background checks of you.  These companies and individuals will only have access to your Personal Information as necessary to perform their functions, but they may not share that information with any other third party.

We reserve the right to transfer or disclose your Personal Information to a successor in interest that acquires rights to that information as a result of (i) the sale of HLM; (ii) a transfer of all or substantially all of our assets; or (iii) a transfer of the Site and/or the Service.

  1. Non-Personal Information

“Non-Personal Information” is information that does not specifically identify you or any person as an individual and includes, but is not limited to, such non-unique information obtained from Users of the Service like aggregated data, web-browser type, browsing history, IP address or an Internet Service Provider (“ISP”). Non-Personal Information is used to manage the Site and Service; track usage and improve the Site and/or Service; and is not linked to any Personal Information.  Non-Personal Information may be shared with third parties to provide more relevant services and advertisements to Users, and to enhance the Site and Service.

  1. Aggregate Data

Non-Personal Information may be collected about your usage of the Site or Services or retrieved from your Registered User account, if any, and aggregated with data from other Users.  This aggregated anonymous data will not contain any Personal Information.  Aggregate data is collected to build higher quality, more useful services by performing statistical analyses of the collective characteristics and behavior of Users of the Site and Services. We may provide statistical information based on this data to advertisers and other current and potential business partners.

  1. Log Files

When you visit the Site we may receive the URL of the website from which you came, and when you leave the Site, we may receive the URL of the website to which you are going.  We also may receive the IP address of your computer (or the proxy server you use to access the World Wide Web), your computer operating system and type of web browser you are using, email patterns, as well as the name of your ISP.  This information can be used to analyze overall trends to help us improve the Services.  IP addresses may also be recorded for security and monitoring purposes as well as providing more relevant advertisements.  The linkage between your IP address and your Personal Information is not shared with third parties without your permission unless otherwise required by law. We may access information about you from third-party sources and platforms. This may include your username and connection list for Facebook if you access third-party social networking services through the Site.

  1. Cookies

Cookies are small text files that are placed on your mobile phone’s or computer’s hard drive by a webpage server. Cookies are used to store a visitor’s preferences and to record session information.  Cookies are also used to prevent duplicative advertisements and to customize newsletter, advertising and Site content based on a user’s browser type and, if applicable, Registration Data. The Site uses uniquely identifiable cookies for your session activity, and will not function without this session tracking security enabled.  This session cookie will expire after fourteen (14) minutes of inactivity. We will, however, never reveal or share this cookie information to any third party site, nor does your cookie contain any Personal Information.

Advertisements appearing on the Site may be delivered to you by us or by one of our advertising partners.  Our advertising partners may set cookies, which will allow the ad server to recognize your computer each time an advertiser sends you an online advertisement.  In this way, ad servers may compile information about where you, or others who are operating your computer, saw their advertisements and determine which ads are clicked through by you.  This information allows an ad network to deliver targeted advertisements that they believe will be of most interest to you.  We do not control these third party cookies.  Use by advertisers of cookies is subject to their own privacy policies, not this Privacy Policy.

You may be able to configure your browser to accept or reject all or some cookies, or notify you when a cookie is set.  Each browser is different. Refer to the “Help” menu of your browser to learn how to change your cookie preferences.  However, please note that YOU MUST ENABLE COOKIES ON YOUR BROWSER IN ORDER TO USE MANY FUNCTIONS OF THE SITE.

  1. Protecting Your Personal Information

HLM diligently makes every effort to ensure that your information is secure on its servers by using industry standard security technology, such as encryption and firewalls on both our main and backup servers.

Unfortunately, information transmitted via the Internet is not completely secure. As a result, HLM cannot guarantee the security of any information you transmit to us, and you do so at your own risk. We expressly disclaim any liability for any unauthorized access to or use of our secure servers and/or any and all Personal Information stored therein, and you agree to hold HLM harmless for any loss or damages that may result therefrom.

  1. Third Party Links

The Site may contain links from which you may be able to visit third party websites.  We may also carry advertisements from other companies.  We are not responsible for the privacy practices of websites or other services operated by third parties that are linked from or integrated with the Service or for the privacy practices of third party Internet advertising companies.  Once you leave the Site via such a link, access a third party application (such as widgets), or click on an advertisement, you should check the applicable privacy policy of the third party or advertiser site to determine, among other things, how they will handle any Personal Information they collect from you.

  1. Forums/Chats/Blogs

If you post on a public section of the Site, such as a bulletin board, you should be aware that any Personal Information you choose to provide there can be read, collected, or used by other users of these forums, as well as other third parties, and could be used to send you unsolicited messages. We are not responsible for the Personal Information you choose to submit in these public areas of the Site.

  1. Children Under Age 18

Registered Users must be aged 13 years or older. Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a user account; nor do we knowingly collect or solicit Personal Information from anyone under the age of 18. In the event that we learn that information has been collected from a child under age 18 without verification of parental or guardian consent, that information will be deleted as quickly as possible. If you believe that we might have any information from or about a child under age 18, please contact us.

  1. Changes in Our Privacy Policy

We reserve the right to, and may from time to time, make changes to this Privacy Policy. Any such changes will become effective immediately upon the posting to the Site, and the continued use of the Site or Services by you after any changes have been made constitutes your acceptance of such changes.  It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage.  You will be deemed to have accepted the Agreement as amended if you continue to use the Site after any amendments are posted on the Site. Nonetheless, in the event that any portion of this Privacy Policy is updated, HLM has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.

  1. Users Outside of the United States

HLM maintains its headquarters within and provides the Service from the United States. Please be aware that any information that we obtain as a result of your use of the Service will be subject to the laws of the United States. The privacy and data protection laws in the United States may not be equivalent to such laws in your country of residence.

By accessing or using the Site, or any part of the Service, you consent to the collection, processing, storage, and transfer of your information to and within the United States. HLM will take all steps reasonably necessary to ensure that your data is collected, processed, stored, and transferred in accordance with this Privacy Policy.

  1.      Contact Us

If you need to contact us regarding this Privacy Policy, we can be reached by emailing us at [[email protected]]

Terms of Use

Important Notice: The terms of use described below create a binding agreement between Homelife Media, LLC and you.

BEFORE USING LUCKYPUPPYMAG.COM, ITS APP, ITS OTHER DIGITAL PROPERTIES AND ITS SOCIAL MEDIA WEB PAGES (THE “SITE”) OR THE SERVICE (AS DESCRIBED IN SECTION 2 BELOW), PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY DESCRIBE YOUR LEGAL RIGHTS AND OBLIGATIONS WHEN YOU USE THE SITE AND/OR THE SERVICE AND EVEN AFTER THIS CONTRACTUAL AGREEMENT HAS BEEN TERMINATED.

BEFORE USING ANY PORTION OF THE SITE OR SERVICE, YOU SHOULD ALSO READ OUR PRIVACY POLICY, WHICH DESCRIBES OUR OBLIGATIONS REGARDING ANY PERSONAL INFORMATION THAT YOU PROVIDE TO US.

Homelife Media, LLC a California limited liability company (“HLM”, the “Company,” “we,” “our,” and “us” are used interchangeably), owns and operates the Site and is pleased to offer you access to the Service (as defined in Section 2 below) that we currently, or may in the future, provide through our Site, subject to these Terms of Use (the “Terms of Use”) and our privacy policy (the “Privacy Policy”), incorporated by reference herein (collectively, the Terms of Use and Privacy Policy are referred to as the “Agreement”).

  1. ACCEPTANCE OF TERMS

By accessing the Site or otherwise using any portion of the Service, you agree to comply with the terms and conditions set forth in this Agreement.  IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS OF USE, DO NOT USE ANY PORTION OF THE SITE OR SERVICE.  Acceptance of the Terms of Use creates a binding legal contract between you and the Company.

HLM reserves the right to change, add or delete portions of the Agreement at any time and without further notice. Any such changes will become effective immediately once posted to the Site, and your continued use of the Site or Service after any changes have been made constitutes your acceptance of such changes. It is your responsibility to review this Agreement on a regular basis to determine if there have been any changes, which will be indicated by a revision to the effective date posted on the applicable webpage. Nonetheless, in the event that any portion of this Agreement is updated, HLM has the right, but not the obligation, to notify you of such update via an electronic communication to the email address you registered when you created an account and/or a notice posted to the Site.

  1. HLM’S SERVICE

Through the Site, HLM provides community-based online forums for the discussion of certain topics and offers certain products for purchase by users.  Collectively, these activities together with any other services provided by us through the Site shall be referred to as the “Service.”  The Service, whether offered through the Site or any other medium in the future, is only available for Registered Users (defined in Section 3 below) who are thirteen (13) years of age or older, subject to the terms of the Privacy Policy for Users under the age of eighteen (18).  Unless we have permission from the legal guardian of a user who is under 18 years of age, we do not allow persons under age 18 to create a user account.

  1. ACCOUNT REGISTRATION & RESPONSIBILITIES
  2. Registration

The Service and certain areas of the Site are only available to users who create an account with the Company (“Registered Users”). When you create an account through the Site, you may be required provide us with certain information, including, without limitation, (i) your name; (ii) contact information; (iii) email address; (iv) phone number; (v) if an applicable purchase is made, your credit, debit card or PayPal account information; and (vi) a username and password chosen by you (the “Registration Data”).  If you login through Facebook, your Registration Data may include your profile picture in addition to the previously mentioned data. As indicated in Section 4 below, we do not store all of your Registration Data on our database.

Furthermore, you agree to provide accurate, current and complete Registration Data as may be prompted by any registration forms on the Site, and to keep the Registration Data current and complete, including updating such Registration Data immediately upon any change.  The Registration Data submitted by you to create your account will be used in accordance with our Privacy Policy. YOU HEREBY REPRESENT AND WARRANT THAT THE REGISTRATION DATA IS ACCURATE AND COMPLETE IN ALL MATERIAL RESPECTS.

  1.  Responsibilities

You, at all times, are responsible for (i) updating the Registration Data to, without limiting the generality of the foregoing, credit card, debit card or PayPal account; and (ii) maintaining the confidentiality of the Registration Data. Furthermore, you hereby accept responsibility for all activities, charges and damages that occur in connection with the use of your account. If you have reason to believe that someone is using your account without your permission, you should contact us immediately. We will not be responsible for any loss or damage resulting from your failure to notify us of unauthorized use. To report Unauthorized Use (Defined Below) of your account, please contact us at [email protected].

  1. Conduct

As a condition of use, you hereby agree not to use the Site for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by HLM (each an “Unauthorized Use”). By way of example, and not as a limitation, you agree not to:

  • provide false or inaccurate Registration Data;
  • complete, or attempt to complete, contractual obligations without all of the necessary licenses, permits or authority lawfully required pursuant to local, state or federal law, or reasonably required in the jurisdiction in which the contract was executed or the obligations are to be performed;
  • post or transmit, or cause to be posted or transmitted, any materials, including without limitation, ratings, comments or reviews regarding vendors, subcontractors, or other users that are infringing, libelous, defamatory, abusive, offensive, obscene, pornographic, violate any law or right of any third party or are not based on the personal, first-hand experience of you;
  • use the Site or the Service for any unauthorized purpose, or in violation of any applicable law, including intellectual property laws;
  • engage in any activity that competes, or is intended to compete, with any of the Services. Additionally, you agree not that you will not advertise, or participate in an advertising or marketing scheme designed to promote, the Services of a competitor;
  • post or transmit, or cause to be posted or transmitted, any communication or solicitation, including without limitation User Submissions (defined in Section 5 below), designed or intended to obtain password, account, or private information from any HLM user;
  • create or submit unwanted email (“Spam”) to any other HLM users;
  • infringe upon the intellectual property rights of HLM, its users or any third party;
  • submit comments linking to affiliate programs, multi-level marketing schemes, sites repurposing existing stories or off-topic content;
  • post, email, transmit, upload or otherwise make available any material that contains software viruses or any other computer code, files or programs designed or functioning to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • use any data mining, robot, spider, scraper, sniping software or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (1) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure; (2) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (3) bypass any measures we may use to prevent or restrict access to the Site;
  • advertise to, or solicit, any user to buy or sell any products or services through the Site, or use any information obtained from the Site in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent; OR
  • duplicate, copy, reproduce, sell, re-sell, or otherwise exploit the reviews and ratings and any content for any commercial purpose without the express written consent of the Company.

If HLM is notified, becomes aware of, or suspects that there is inaccurate Registration Data or an Unauthorized Use with respect to your account, it has the right, but not the obligation, in its sole discretion, to conduct an investigation. In the event HLM elects to conduct an investigation, you hereby agree to cooperate in such investigation until HLM determines the cause of the inaccuracy or the Unauthorized Use. If HLM has reasonable grounds to suspect that you intentionally provided us with inaccurate Registration Data or participated in an Unauthorized Use, we may suspend or terminate your account, prevent you from using the Services indefinitely, and/or pursue any available remedy at law or in equity. The foregoing shall not in any way limit our ability to restrict your access to the Services for any reason or no reason atall, including without limitation a breach of any other provision of these Terms of Use.

  1. DATA STORAGE

HLM uses the services of third parties to perform certain vital functions, including handling payments for the products discussed in Section 6 below.  These third parties will only have access to the aspects of the Registration Data that are necessary to perform their respective services. Although you may be required to provide credit/debit card information associates with your Account when you make a purchase, we immediately transmit this information to our payment gateway service provider. These companies, not HLM, store your credit or debit card information in their databases.

We utilize commercially reasonable and industry standard measures and protocols to secure your financial information. However, we cannot guarantee that third parties will not illegally circumvent such security measures to gain access to your financial information.

  1. CONTENT AND Users

By accessing the site OR using the service, you acknowledge that HLM merely acts as a passive conduit of the information made available through the service. By accessing or otherwise using the SITE or SERVICE, you acknowledge and assume all risks of harm, loss or damage related to your use of the SITE AND SERVICE, and hereby waive all claims and/or causes of action related to your use of the FOREGOING.

The contents of the Site and email notices, and updates, such as profile usernames, articles, text, graphics, images, videos, reviews, ratings, and other material contained on the Site (“Content”) are for informational purposes only. The Content is not intended to be an endorsement of or referral to a particular vendor. HLM does not guarantee the accuracy, quality or completeness of the Content.

 

Although we work with third party service providers to procure background checks of vendors, we cannot confirm that each vendor is who they claim to be. We do not assume any responsibility for the accuracy or reliability of this information or any information provided on the Site or through the Service.

 

NEITHER THE COMPANY NOR ITS AFFILIATES IS RESPONSIBLE FOR (I) THE CONTENT PROVIDED BY ANY USER OF THE SERVICE AND/OR (II) THE CONDUCT OF ANY USER, WHETHER ONLINE OR OFFLINE. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals. By accessing or otherwise using the Site or Service, you acknowledge that HLM’s correspondence, dealings and other interactions with individuals through the Site are solely between you and such persons. You should make whatever investigation you believe necessary or appropriate before entering into any agreement with a Registered User.  You agree that HLM shall not be responsible or liable for any CLAIM, INJURY loss or damage of any sort incurred as the result of any such dealings and you agree to bear all risks associated THEREWITH.

 

HLM does not endorse and is not responsible for (i) any advertising, products or services offered by other Users through the Site; (ii) the accessibility or unavailability of any User; or (iii) the quality or completeness of work performed by any vendor.

  1. PURCHASES
  1. Prices.

Any purchase of products from the Site or otherwise from HLM shall be in accordance with the prices and purchase options set forth at the time of purchase.  Customer agrees to pay all fees listed at the time of purchase to HLM. Customer agrees to pay all sales, use, property, service or other taxes in connection with the product(s) purchased.

 

  1. Risk of Loss.

All products purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such products pass to you upon our delivery to the carrier. Please contact your carrier with any issues related to the delivery of the products.

 

  1. Returns, Refunds and Title.

 

From the date of your purchase of products from the Site or otherwise from HLM, you have thirty (30) days to return the purchased products in unused condition to the return address listed on your product invoice. If we receive the returned product in a used condition, we have the right to reduce the amount returned to you by the damage done to the product, up to the full amount paid.   We do not take title to returned items until the item arrives at our office location. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

 

  1. Product Descriptions.

We attempt to be as accurate as possible. However, we do not warrant that product descriptions or other content on the Site is accurate, complete, reliable, current or error-free. If a product offered by the Site is not as described, your sole remedy is to return it in unused condition.

 

  1. INTELLECTUAL PROPERTY RIGHTS

Subject to certain intellectual property rights governed by laws of the United States, foreign jurisdictions or international conventions, HLM owns or has licensed the Site, Service and all content thereon, including, but not limited to, trademarks, service marks, logos, music, sounds, videos, text, software, scripts, graphics, interactive features or any downloadable content (collectively, the “Intellectual Property”). Pursuant to this Agreement, HLM provides you with a limited, non-transferable, non-sublicensable, revocable license to use such Intellectual Property on an AS-IS basis. Furthermore, the license granted herein is personal and may not be used, copied, reproduced, distributed, broadcast, displayed, sold, licensed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. HLM reserves all rights not expressly granted in and to the Site, Service and the Intellectual Property.  By accessing the Site or using the Service, you hereby agree not to engage in the unauthorized use, copying or distribution of any of the Intellectual Property without the express written consent of the Company. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or Service or features that prevent or restrict use or copying of any Intellectual Property or enforce limitations on use of the Site or the Intellectual Property therein. If you download or print a copy of the Intellectual Property for personal use, you must retain all copyright and other proprietary notices contained therein.

Some portions of the Site or Service may allow you to submit or transmit audio, video, text, photographs, images or other materials designated to be displayed to others (collectively, “User Submissions”) to or through the Site.  In the event that you provide User Submissions, you hereby grant to HLM, its affiliates, and partners a fully-paid, non-exclusive, non-revocable, worldwide, royalty-free, assignable and fully sublicenseable right to use, distribute, edit, incorporate, display, archive, publish, reproduce, make available, transmit, broadcast, sell, translate and create derivative works of those User Submissions, in any form, media, software or technology of any kind now known or developed in the future.  You hereby waive any moral rights you may have in your User Submissions.

We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our partners, directors, officers, affiliates, employees or agents will be liable for User Submissions or any loss or damage resulting from User Submissions. You understand that by using the Site or Service, you may be exposed to User Submissions that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or disclosure of any User Submissions. You further acknowledge and agree that you bear the sole risk of reliance on any content available on or through the Site. You are solely responsible for your interactions with other users of the Site and/or Service.

Except as provided in the Privacy Policy, we do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others, including without limitation, any User Submission containing personally identifiable information.

  1. PRIVACY POLICY

 

You agree to the terms of HLM’s Privacy Policy, as may be updated from time to time, and that is made available online. Our Privacy Policy explains what data we collect from users of the Site and how we treat your personally identifiable information related to accessing and managing your user account and protect your privacy when you use the Site or the Service. By accessing the Site or using the Service, you may provide personally identifiable information to others, in which case the Privacy Policy shall not apply to such personally identifiable information.

 

  1. TERMINATION AND EFFECT OF TERMINATION

This Agreement shall last until either you or the Company elect to terminate your account. In addition to any other legal or equitable remedy, HLM may, without prior notice, immediately revoke any or all of your rights granted hereunder. In such event, you will immediately cease all access to and use of the Site and Service. In addition, HLM may revoke any password(s) and/or account identification issued to you and deny you access to and use of the Site and Service. Any such action shall not affect any rights and obligations arising prior thereto. Sections 5 through 20, together with any definitions and provisions intended to survive, shall survive the termination of this Agreement.  The Company may terminate your user account, this Agreement and/or otherwise prohibit you from using or accessing the Site or the Service, for any reason, or no reason, at any time in its sole discretion, with or without notice.  Upon termination, you must stop all use of the Site and the Service, unless otherwise set forth herein. The Company may take such further action as the Company determines to be appropriate under the circumstances to eliminate or preclude repeat violations.  The Company shall not be liable for any damages of any nature suffered by you, or any third party resulting in whole or in part from the Company’s exercise of its rights under this Agreement

  1. THIRD PARTY LINKS

The Site may provide links and references to websites of others, including advertisements and promotions from third parties. We may, from time to time, at our sole discretion, add or remove links to other websites. These links are provided solely as a convenience to you, and access to any such websites is at your own risk. Your business dealings, communications with or participations in promotions with advertisers (other than the Site) and any terms, conditions, warranties or representations associated with such dealings are solely between you and such third parties. We recommend that you review the information provided by third parties (such as, but not limited to, the terms of service and privacy policy of the relevant website) before accessing such websites.  We do not review, approve, monitor, endorse, warrant or make any representations with respect to such websites or the products and services offered thereby.  We will not, under any circumstances, be responsible for the information displayed on such websites, their practices, for your use of or inability to use such websites or transmissions received from such websites.  By accessing the Site or using the Service, you expressly relieve us from any and all liability arising from your use of any third-party website.  We encourage you to be aware when you leave the Site, and to read the terms and conditions and privacy policy of each other website that you visit.

  1. consent to electronic communication

By creating a Registered Account, you acknowledge that HLM may need to send you communication or data, via email, regarding the Services, including, but not limited to, notices about your use of the Services, updates to the Services and promotions regarding additional products and services offered by us. By using the Services, you consent to the receipt of electronic messages from us. Should you elect to opt out of the receipt of electronic messages, you may do so by following the instructions provided in such message. All newsletters sent by HLM are opt-in only and include instructions on how to unsubscribe from such newsletters.

  1. copyright and trademark infringement policy; notification procedures

The Company does not own the User Content. All User Content is posted by Registered Users, each of whom or which (as the case may be) has represented and warranted to the Company that, among other things, the User Content does not infringe any third party’s copyright, patent, trademark, trade secret or other proprietary rights, rights of publicity or privacy or moral rights.

Since the Company is not in a position to determine who has the prevailing claim to use any particular User Content, its policy on such matters is that they be resolved directly by the parties alleging misuse of their Intellectual Property Rights (the “Complainants”) and the Registered User(s) allegedly responsible for the infringement of the Complainant’s Intellectual Property Rights. We recommend that Complainants immediately notify Registered Users about allegations of infringement which pertain to them.

For matters of suspected copyright infringement and to provide us with notifications of infringement under the Digital Millennium Copyright Act (DMCA), please see our Copyright Policy.

  1. public forums and private communications

The Site may contain certain features that enable Registered Users to interact directly with each other, including by sending private messages to other Registered Users and posting comments and exchanging useful and helpful information with other Registered Users (“Public Forums”). While using a Public Forum or reading a private message, you may be exposed to content of other Users with which (a) you may disagree, (b) that you may find offensive, indecent or objectionable, or (c) is inaccurate, misleading or illegal. You expressly assume and agree to bear any and all risks associated with your use of, exposure to or reliance on any such content. You should be skeptical about information provided by others, and you acknowledge that the use of any Submissions posed in any Public Forum or received via a private message is at your own risk. Further, never assume that people are who they say they are, know what they say they know or are affiliated with whom they say they are affiliated with. Information obtained in a Public Forum or from a private message may not be reliable, and it is not a good idea to take any action based solely or largely on information you cannot confirm. We cannot be responsible for the accuracy of any Submissions contained in a Public Forum, and she shall not be responsible for any decisions made or actions taken based on such information or content. Users should discuss any and all information with a licensed professional before following any advice posted by any other User of the Service, including consulting a licensed veterinarian or dog trainer before following another User’s advice on the treatment or training of animals.

Please respect and interact with other users as you would in any public arena. Do not reveal information that you do not want to make public.

We encourage you to report to us at [email protected] any suspected violations of this Agreement or any other additional terms posted on the Site, in particular, as they relate to inappropriate behavior or activity in our Public Forums. We reserve the right, but not the obligation, to investigate and take appropriate legal action in our sole discretion against anyone who we believe violates this Agreement, including removing the offending communication in whole or in part from the Site, suspending or terminating the membership accounts of such violators or suspending or terminating their right to use and access the Site.

We reserve the right to, in our sole discretion, adopt, modify and post additional rules in any Public Forum and to condition access to any such feature by any individual or group in accordance with criteria determined by us in our sole discretion, to deny or restrict access by any individual or group who fails to meet that criteria or by anyone who fails to comply with our criteria or rules at any time, and to change or modify the criteria or rules at any time, in our sole discretion.

  1. REPRESENTATIONS AND WARRANTIES

By accessing the Site or using the Service, you represent and warrant that you: (1) have the legal right and authority to enter into these Terms of Use; (2) have submitted accurate and complete Registration Data; (3) if applicable, have the requisite licenses, permits and authority lawfully required by local, state or federal law, or reasonably required by the jurisdiction in which the obligations are to be performed or the agreement will be executed; (4) will not, either alone or in collusion with another party, attempt to decompile, reverse engineer or hack the Site, or attempt to circumvent any encryption implemented with respect to the data stored on the Site or through the Service; (5) will only use the Site and Service for lawful purposes; (6) have the right, title, interest, and authority to grant the rights related to the User Submissions, as described herein; and (7) are at least eighteen (18) years old, or are at least thirteen (13) years old in compliance with the Privacy Policy.

  1. DISCLAIMER OF WARRANTIES

THE SITE AND SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, SOFTWARE AND FUNCTIONS MADE AVAILABLE ON OR ACCESSED THROUGH OR SENT FROM THE SITE OR THROUGH THE SERVICE, ARE PROVIDED “AS-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS AGREEMENT. HLM AND ITS AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) ABOUT: (A) THE SITE; (B) THE SERVICE; (C) THE INTELLECTUAL PROPERTY, CONTENT AND SOFTWARE ON AND PROVIDED THROUGH THE SITE AND THE SERVICE; (D) THE FUNCTIONS MADE ACCESSIBLE ON OR ACCESSED THROUGH THE SITE AND THE SERVICE; (E) THE MESSAGES AND INFORMATION SENT FROM THE SITE BY USERS, INCLUDING WITHOUT LIMITATION, REGISTRATION DATA, CONTENT OR USER SUBMISSIONS; (F) ANY PRODUCTS OR SERVICE OFFERED VIA THE SITE OR HYPERTEXT LINKS TO THIRD PARTIES; AND/OR (G) SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION (INCLUDING REGISTRATION DATA) THROUGH THE SITE OR THE SERVICE OR ANY LINKED SITE. HLM DOES NOT WARRANT THAT THE SITE, SERVICE OR ANY OF THEIR RESPECTIVE FUNCTIONS OR ANY CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

FURTHER, THE COMPANY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE.

HLM, AND ITS MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, AGENTS AND THE AFFILIATES OF THE FOREGOING SHALL NOT BE LIABLE FOR THE USE OF THE SITE OR THE SERVICE INCLUDING, WITHOUT LIMITATION, THE INTELLECTUAL PROPERTY AND CONTENT AND ANY ERRORS CONTAINED THEREIN. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THIS AGREEMENT.

  1. LIMITATION OF LIABILITY

YOU UNDERSTAND AND AGREE THAT HLM LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SITE AND/OR THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL HLM, OR ITS PARENTS, SUBSIDIARIES, OR AFFILIATES, OR THE MANAGERS, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, OR AFFILIATES OF EACH OF THEM (COLLECTIVELY, THE “COMPANY ENTITIES AND INDIVIDUALS”), BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO (1) THE SITE, INCLUDING THE INTELLECTUAL PROPERTY OR CONTENT THEREON, THE SERVICE OR USER SUBMISSIONS; (2) THE USE OF, INABILITY TO ACCESS OR USE, OR PERFORMANCE OF THE SITE AND SERVICE; (3) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE COMPANY OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE OR SERVICE; (4) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; OR (5) ANY ERRORS OR OMISSIONS RELATED TO THE TECHNICAL OPERATION OF THE SITE OR SERVICE, EVEN IF FORESEEABLE OR EVEN IF THE COMPANY ENTITIES, AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE OR SERVICE).

IN NO EVENT WILL THE COMPANY ENTITIES AND INDIVIDUALS BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION OR PORTION THEREOF MAY NOT APPLY TO YOU.

IN NO EVENT SHALL THE COMPANY ENTITIES AND INDIVIDUALS TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE LESSER OF THE FEES PAID BY YOU IN THE PREVIOUS TWELVE (12) MONTHS OR ONE HUNDRED DOLLARS ($100).

THE COMPANY ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE PHONE, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SITE AND SERVICE IS AT YOUR RISK.

IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SITE AND SERVICE. YOU RECOGNIZE AND CONFIRM THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF THE COMPANY’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY SITE, SERVICE OR OTHER PROPERTY OWNED OR CONTROLLED BY HLM AND/OR ITS PARENTS, SUBSIDIARIES, AND/OR AFFILIATES OR YOUR USER SUBMISSIONS, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN YOUR USER SUBMISSION OR ANY AND ALL ACTIVITIES OR ACTIONS RELATED THERETO.

  1. INDEMNIFICATION

By ACCESSING THE SITE, OR OTHERWISE USING the SERVICE, you hereby  RELEASE, AND AGREE, AT YOUR OWN EXPENSE, TO INDEMNIFY, DEFEND AND HOLD HARMLESS US, OUR MANAGERS, OFFICERS, DIRECTORS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES OF THE FOREGOING, FROM ALL LIABILITIES, CLAIMS, ALLEGED CLAIMS, LOSS AND DAMAGES (OF EVERY KIND, WHETHER KNOWN OR UNKNOWN AND SUSPECTED OR UNSUSPECTED), AND INCLUDING REASONABLE ATTORNEYS’ FEES RELATED IN ANY WAY TO: (I) YOUR BREACH OF ANY TERM OR CONDITION OF THIS AGREEMENT; (II) YOUR USE OF, RELIANCE ON OR ACCESS TO THE SITE OR THE SERVICE; AND (III) YOU ENTERING INTO AN AGREEMENT WITH ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, OWNERS, VENDORS AND OTHER USERS OF THE SERVICE, AND (IV) WITH RESPECT TO ANY CONTENT THAT YOU PROVIDE OR USE. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION BY YOU.

  1. Release

If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. Accordingly, you agree to waive the benefit of any law that might limit your waiver of such claims, including, to the extent applicable, California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

  1. MISCELLANEOUS

This Agreement constitutes the entire agreement between you and the Company regarding your use of the Site and the Service, superseding any prior agreements between you and the Company relating to the same.  The Agreement shall be governed by the substantive laws of California, without regard to conflict of laws principles. Any claim or dispute between you and the Company that arises from your use of the Site, Service, or any agreement between you and the Company shall be decided exclusively by a court of competent jurisdiction located in Orange County, California. You hereby expressly consent to the personal jurisdiction of the Federal and State courts located in Orange County, California and waive any objections to the laying of venue in such courts.

Nothing in the Agreement shall create or be deemed to create a partnership, agency, trust arrangement, fiduciary relationship or joint venture between you and the Company.

If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

Our failure to comply with any provision of this Agreement due to an act beyond our control, including but not limited to an act of God, hurricane, war, fire, riot, earthquake, terrorism, act of public enemies, actions of governmental authorities (excepting compliance with applicable codes and regulations) or other force majeure event will not be considered a breach of this Agreement.

  1. NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1789.3, Users who reside in California are entitled to the following consumer rights notice: If you have a question or complaint regarding the Site, products or the Services, please contact us either via email at [email protected] or via mail at 1510 S Lewis St, Anaheim, CA 92805. Alternatively, users who are California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs either via mail at 1625 N. Market Blvd., Ste. N 112, Sacramento, CA 95834 or via telephone at either (800) 952-5210 or (916) 445-1254 (for users located in Sacramento, CA).