Digging Dogs™ Terms and Conditions
Each end-user visitor who accesses the Venue (“user,” “you” or “your”) agrees to the terms of the Agreement, in their entirety, when she/he: (a) accesses or uses the Venue; (b) accesses and/or downloads any of the: (i) academic material, text, audio, video, photographs, graphics, artwork and/or other content featured by and through the Venue (collectively, “Informational Content”); and/or (ii) links to third party websites, products and/or services featured by and through the Venue (“Third-Party Links,” and together with the Informational Content, the “Content”); and/or (c) utilizes the comment functionality and other interactive features of the Venue (collectively, “Interactive Services,” and together with the Venue and Content, the “Venue Offerings”).
PLEASE REVIEW THE TERMS OF THE AGREEMENT CAREFULLY. IF A USER DOES NOT AGREE WITH THE TERMS OF THE AGREEMENT IN THEIR ENTIRETY, THAT USER IS NOT AUTHORIZED TO USE THE VENUE OFFERINGS IN ANY MANNER OR FORM.
THE AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, RELEASES, A CLASS-ACTION WAIVER, AND THE REQUIREMENT TO ARBITRATE ANY AND ALL CLAIMS THAT MAY ARISE HEREUNDER AGAINST CATCH™, AS WELL AS ITS PARENT, SUBSIDIARIES, RELATED PARTIES, THIRD-PARTY INSTRUCTORS, THIRD-PARTY SERVICE PROVIDERS AND MARKETING PARTNERS (COLLECTIVELY, “COVERED PARTIES”), WHO ARE EXPRESS THIRD-PARTY BENEFICIARIES OF THE MANDATORY ARBITRATION PROVISION. THE AFOREMENTIONED PROVISIONS ARE AN ESSENTIAL BASIS OF THE AGREEMENT.
NEW JERSEY STATE RESIDENTS ARE ENCOURAGED TO REVIEW THEIR RIGHTS UNDER THE AGREEMENT, AS PROVIDED UNDER THE NEW JERSEY TRUTH-IN-CONSUMER CONTRACT WARRANTY AND NOTICE ACT (“TCCWNA”).
The Content is offered for informational purposes only. CATCH™ does not represent or warrant that the Content and other information posted by and through the Venue Offerings is accurate, complete, up-to-date or appropriate. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. Reliance on any information made available to you by and through the Venue Offerings is solely at your own risk. CATCH™ disclaims any and all liability for any damage or injury based on the Content and/or other information directly or indirectly obtained through the Venue Offerings.
- Scope; Modification of Agreement. The Agreement constitutes the entire and only agreement between users and CATCH™ with respect to users’ use of the Venue Offerings, and supersedes all prior or contemporaneous agreements, representations, warranties and/or understandings with respect to same. We may amend the Agreement from time to time in our sole discretion, without specific notice to you; provided, however, that any amendment or modification to the arbitration provisions, prohibition on class action provisions or any other provisions applicable to dispute resolution (collectively, “Dispute Resolution Provisions”) shall not apply to any disputes incurred prior to the applicable amendment or modification. The Agreement will be included in the email message sent to you inviting you to join the Venue. Any updates to the Agreement will be sent to you via email. You should review any updates to the Agreement prior to using the Venue Offerings. By your continued use of the Venue Offerings, you hereby agree to comply with, and be bound by, all of the terms and conditions contained within the Agreement effective at that time (other than with respect to disputes arising prior to the amendment or modification of the Dispute Resolution Provisions which shall be governed by the Dispute Resolution Provisions then in effect at the time of the subject dispute).
- Requirements; Termination of Access to the Venue Offerings; Necessary Equipment. The Venue Offerings are available only to individuals who: (a) are over eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence); and (b) can enter into legally binding contracts under applicable law (collectively, “Usage Requirements”). The Venue Offerings are not intended for individuals who do not satisfy the Usage Requirements, including individuals under eighteen (18) years of age (or the applicable age of majority, if greater than eighteen (18) years of age in their respective jurisdictions of residence) and/or individuals who cannot enter into legally binding contracts under applicable law. If a user does not satisfy the Usage Requirements in their entirety, that user does not have permission to access or use the Venue Offerings.
To the extent permitted by applicable law, CATCH™ may terminate your right to access the Venue Offerings at any time where you: (i) are in any way in breach of the Agreement; (ii) are engaged in any improper conduct in connection with the Venue Offerings; and/or (iii) are, at any time, conducting any unauthorized commercial activity by or through your use of the Venue Offerings.
You are responsible, at all times, for ensuring that you have an Internet connection, computer/mobile device, up-to-date Internet browser versions, a functioning e-mail account, applicable software, applicable hardware and/or other equipment necessary to access the Venue Offerings. CATCH™ does not guarantee the quality, speed or availability of the Internet connection associated with your mobile device and/or computer. CATCH™ does not guarantee that the Venue Offerings can be accessed: (A) on all mobile devices; (B) through all wireless service plans; (C) in connection with all Internet browsers; or (D) in all geographical areas. Standard messaging, data and wireless access fees may apply to your use of the Venue Offerings through your wireless device. You are fully responsible for all such charges and CATCH™ has no liability or responsibility to you, whatsoever, for any such charges billed by your wireless carrier.
- Registration Forms. In order to utilize certain Venue Offerings, including the Contact Services, you may be required to submit one or more registration forms (each, a “Form”). The information that you must supply on a Form may include, without limitation: (a) your email address; (b) your first and last name; (c) Slack account information; and/or (d) any other information requested by us on the applicable registration Form (collectively, “Registration Data”). You agree to provide true, accurate, current and complete Registration Data, as necessary, in order to maintain it in up to date and accurate fashion.
- 4. The Venue contains Content which includes, but is not limited to, text, audio, video, photographs, graphics, artwork and other information about CATCH™ and/or the Venue Offerings. The Content is compiled, distributed and displayed by CATCH™, as well as third-party content providers, such as third-party sources and other Venue users (collectively, “Third-Party Providers”). CATCH™ does not control the Content provided by Third-Party Providers that is made available by and through the Venue Offerings. Such Third-Party Providers are solely responsible for the accuracy, completeness, appropriateness and/or usefulness of such Content. The Content should not necessarily be relied upon. Reliance on any Content or other information made available to you by and through the Venue Offerings is solely at your own risk. CATCH™ does not represent or warrant that the Content and other information posted by and through the Venue Offerings is accurate, complete, up-to-date or appropriate. You understand and agree that CATCH™ will not be responsible for, and CATCH™ undertakes no responsibility to monitor or otherwise police, Content provided by Third-Party Providers. You agree that CATCH™ shall have no obligation and incur no liability to you in connection with any Content. You may find certain Content to be outdated, harmful, inaccurate and/or deceptive. Please use caution, common sense and safety when using the Content. The Content is offered for informational purposes only and is at all times subject to the disclaimers contained herein and on the Venue.
- Interactive Services; User Content.
(a) User Content. In connection with the Interactive Services, users may be able to upload and/or post certain comments, content, material, communications, feedback and/or other information (collectively, the “User Content”). Each user represents and warrants that: (i) she/he owns and/or has any and all rights to publish, display, perform and permit the use of, and grant the license associated with, the User Content as contemplated by the Agreement; (ii) the User Content shall not infringe upon any third party’s intellectual property and/or proprietary rights; and (iii) the User Content shall not violate any Slack Policies. CATCH™ may reject and/or remove any User Content at any time and for any reason, in CATCH’s™ sole discretion. Notwithstanding the foregoing, CATCH™ undertakes no responsibility to monitor or otherwise police the User Content made available by and through the Venue Offerings. Each user and third-party agrees that CATCH™ shall: (A) have no obligations and incur no liabilities to such party in connection with any such User Content; and (B) not be liable to any party for any claim in connection with the User Content.
(b) Grant of User Content License to Catch. By making the User Content available by and through the Interactive Services or otherwise through the Venue Offerings, you grant CATCH™ a perpetual, irrevocable, worldwide right and license to reproduce, display, perform, distribute and otherwise use your User Content in connection with promoting CATCH™, the Venue and/or other products and/or services in any and all forms of marketing and promotional material including, without limitation, email marketing, print advertisements (“ads”), online ads, social media ads, television ads, radio ads, interactive media, as well as printed extracts and reproductions of any portion thereof. You understand and agree that the User Content may be edited and/or dramatized by CATCH™. You agree that no ad or other material incorporating or making reference to the User Content need be submitted to you for approval and CATCH™ shall be without liability to you for any distortion or illusionary effect resulting from its publication of the User Content. Our license to your User Content is fully-paid and royalty free and, as such, we do not owe you any compensation in connection with our use of your User Content. You expressly release CATCH™ from any and all claims that you have or may have for breach of right of publicity, invasion of privacy, defamation, copyright infringement or any other claim or cause of action arising out of or in connection with any production, distribution, duplication, broadcast, exhibition, publication, ad or promotion utilizing or incorporating your User Content, or any other use of such User Content whatsoever. You acknowledge and agree that CATCH™ shall not be liable for any causes of action or claims related to your decision to provide the User Content to CATCH™.
(b) User Content Restrictions. In connection with the User Content, each user agrees not to: (i) display any telephone numbers, street addresses, last names, URLs, e-mail addresses or any confidential information of any third-party; (ii) display any audio files, text, photographs, videos or other images that: (A) may be deemed indecent or obscene in the applicable user’s community, as defined under applicable law; and/or (B) contain hate speech and/or any other material that we reasonably believe degrades, intimidates, incites violence against or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category; (iii) impersonate any person or entity; (iv) “stalk,” “bully,” threaten, badger, sexually harass or otherwise harass any person; (v) engage in advertising to, or commercial solicitation of, end-users or other third parties; (vi) transmit any chain letters, spam or junk e-mail to any end-users or other third parties; (vii) express or imply that any statements she/he makes are endorsed by CATCH™; (viii) harvest or collect personal information of end-users or other third parties whether or not for commercial purposes, without their express consent; (ix) use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Venue Offerings or related content; (x) post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights; (xi) remove any copyright, trademark or other proprietary rights notices contained within the Venue Offerings; (xii) interfere with or disrupt any of the Venue Offerings and/or the servers or networks connected to same; (xiii) post, offer for download, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (xiv) post, offer for download, transmit, promote or otherwise make available any software, product or service that is illegal or that violates the rights of a third-party including, but not limited to, spyware, adware, programs designed to send unsolicited advertisements (i.e. “spamware”), services that send unsolicited advertisements, programs designed to initiate “denial of service” attacks, mail bomb programs and programs designed to gain unauthorized access to networks on the Internet; (xv) “frame” or “mirror” any part of the Venue; (xvi) use metatags or code or other devices containing any reference to the Venue Offerings in order to direct any person to any other website for any purpose; and/or (xvii) modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Venue Offerings or any software used on or in connection with same. Engaging in any of the aforementioned prohibited practices shall be deemed a breach of the Agreement and may result in the immediate termination of such user’s account and/or access to some or all of the Venue Offerings without notice, in the sole discretion of CATCH™. CATCH™ reserves the right to pursue any and all legal remedies against users that engage in the aforementioned prohibited conduct.
- Interactions. Users are solely responsible for their interactions with other users and other third-parties featured by and through the Venue Offerings. Because CATCH™ is not involved in interactions between users and third-parties, in the event that you have a dispute with one or more users and/or other third-parties, you hereby release CATCH™ from any and all claims, demands and/or damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with, such disputes.
- Representations and Warranties. Each user hereby represents and warrants to CATCH™ as follows: (a) the Agreement constitutes the legal, valid and binding obligation of user, which is fully enforceable against such user in accordance with its terms; (b) user understands and agrees that user has independently evaluated the desirability of utilizing the Venue Offerings and that user has not relied on any representation and/or warranty other than those set forth in the Agreement; and (c) the execution, delivery and performance of the Agreement by user will not conflict with or violate: (i) any applicable law; (ii) any order, judgment or decree applicable to user; and/or (iii) any agreement or other instrument applicable to user.
- Indemnification. Each user agrees to indemnify, defend and hold CATCH™, its officers, directors, employees, agents and attorneys, as well as the Covered Parties, harmless from and against any and all liabilities, claims, actions, suits, proceedings, judgments, fines, damages, costs, losses and/or expenses (including reasonable attorneys’ fees, court costs and/or settlement costs) arising from and/or related to: (a) any dispute between that user and any third party(ies); (b) that user’s breach of the Agreement and/or any representation or warranty contained herein; (c) that user’s User Content and/or (d) that user’s unauthorized and/or improper use of the Venue Offerings. The provisions of this Section 8 are for the benefit of CATCH™, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against users on its own behalf.
- License Grant. Each user is granted a non-exclusive, non-transferable, revocable and limited license to access and use the Venue Offerings. CATCH™ may terminate this license at any time for any reason. Unless otherwise expressly authorized by CATCH™, users may only use the Venue Offerings for their own personal, non-commercial use. No part of the Venue Offerings may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. No user or other third party may use any automated means or form of scraping or data extraction to access, query or otherwise collect material from the Venue Offerings except as expressly permitted by CATCH™. No user or other third party may use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer or transfer the Venue Offerings, or any portion thereof. No user or other third party may create any “derivative works” by altering any aspect of the Venue Offerings. No user or other third party may use the Venue Offerings in conjunction with any other third-party content. No user or other third party may exploit any aspect of the Venue Offerings for any commercial purposes not expressly permitted by CATCH™. Each user further agrees to indemnify and hold CATCH™ harmless for that user’s failure to comply with this Section 9. CATCH™ reserves any rights not explicitly granted in the Agreement.
- Proprietary Rights. The Venue Offerings, as well as the organization, graphics, design, compilation, magnetic translation, digital conversion, software, services and other matters related to same, are protected under applicable copyrights, trademarks and other proprietary (including, but not limited to, intellectual property) rights. The copying, redistribution or publication by any user or other third party of any part of the Venue Offerings is strictly prohibited. No user or other third party acquires ownership rights in or to any content, document, software, services or other materials viewed by or through the Venue Offerings. The posting of information or material by and through the Venue Offerings does not constitute a waiver of any right in or to such information and/or materials. The “CATCH” and “Canine Trainers Academy” names and logos, and all associated graphics, icons and service names, are trademarks of Canine Trainers Academy LLC. The use of any trademark without the applicable trademark owner’s express written consent is strictly prohibited.
- Legal Warning. Any attempt by any individual to damage, destroy, tamper with, vandalize and/or otherwise interfere with the operation of the Venue Offerings is a violation of criminal and civil law and CATCH™ will diligently pursue any and all remedies against any offending individual or entity to the fullest extent permissible by law and in equity.
- Disclaimer of Warranties. THE VENUE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME ARE PROVIDED TO USERS ON AN “AS IS” AND “AS AVAILABLE” BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND FITNESS FOR A PARTICULAR PURPOSE). IN PARTICULAR, BUT NOT AS A LIMITATION THEREOF, CATCH™ MAKES NO WARRANTY THAT THE VENUE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME: (A) WILL, AS APPLICABLE, MEET ANY USER’S REQUIREMENTS; (B) WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED; (C) WILL BE FREE OF HARMFUL COMPONENTS; (D) WILL RESULT IN ANY SPECIFIC DOG TRAINING BENEFIT OR OTHER PET-RELATED OUTCOME; OR (E) WILL BE ACCURATE OR RELIABLE. THE VENUE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. CATCH™ WILL NOT BE LIABLE FOR THE AVAILABILITY OF THE UNDERLYING INTERNET CONNECTION ASSOCIATED WITH THE VENUE OFFERINGS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY ANY USER FROM CATCH™ OR OTHERWISE THROUGH OR FROM THE VENUE OFFERINGS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
- Limitation of Liability. EACH USER EXPRESSLY UNDERSTANDS AND AGREES THAT CATCH™ SHALL NOT BE LIABLE TO THAT USER OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL AND/OR EXEMPLARY DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF CATCH™ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMISSIBLE BY LAW FOR: (A) THE USE OR INABILITY TO USE THE VENUE OFFERINGS AND/OR THE OTHER PRODUCTS AND SERVICES OFFERED BY AND/OR THROUGH SAME; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, CONTENT AND/OR OTHER PRODUCTS OR SERVICES PURCHASED OR OBTAINED FROM OR THROUGH THE VENUE OFFERINGS; (C) ANY DISPUTE BETWEEN ANY USERS AND THIRD PARTIES; (D) THE UNAUTHORIZED ACCESS TO, OR ALTERATION OF, ANY REGISTRATION DATA; (E) THE FAILURE TO REALIZE ANY SPECIFIC DOG TRAINING BENEFIT OR OTHER PET-RELATED OUTCOME; AND/OR (F) ANY OTHER MATTER RELATING TO THE VENUE OFFERINGS AND/OR THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION, IN THE AGGREGATE INCLUDING, BUT NOT LIMITED TO, BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION AND ANY AND ALL OTHER TORTS. EACH USER HEREBY RELEASES CATCH™ FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THE LIMITATIONS STATED HEREIN. IF APPLICABLE LAW DOES NOT PERMIT SUCH LIMITATIONS, THE MAXIMUM LIABILITY OF CATCH™ TO ANY USER UNDER ANY AND ALL CIRCUMSTANCES WILL BE FIVE HUNDRED DOLLARS ($500.00). NO ACTION, REGARDLESS OF FORM, ARISING OUT OF THE VENUE OFFERINGS AND THE OTHER PRODUCTS AND SERVICES OFFERED BY AND THROUGH SAME, MAY BE BROUGHT BY ANY USER OR CATCH™ MORE THAN ONE (1) YEAR FOLLOWING THE EVENT WHICH GAVE RISE TO THE CAUSE OF ACTION. THE NEGATION OF DAMAGES SET FORTH ABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EACH USER AND CATCH™. ACCESS TO THE VENUE OFFERINGS WOULD NOT BE PROVIDED TO USERS WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF CATCH™ SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- Third Party Websites. The Venue Offerings contain links to other websites on the Internet that are owned and operated by third parties including, without limitation, the Third-Party Links. CATCH™ does not control the information, products or services made available on, by or through these third-party websites. The inclusion of any link does not imply endorsement by CATCH™ of the applicable website or any association with the website’s operators. Because CATCH™ has no control over such websites and/or resources, each user agrees that CATCH™ is not responsible or liable for the availability or the operation of such external websites, for any material located on or available from or through any such websites or for the protection of any user’s data privacy by third parties. Each user further agrees that CATCH™ shall not be responsible or liable, directly or indirectly, for any loss or damage caused by the use of or reliance on any such material available on, by or through any such site.
- Copyright Policy/DMCA Compliance. CATCH™ reserves the right to terminate the account of any user who infringes upon third-party copyrights. If any user or other third-party believes that a copyrighted work has been copied and/or posted via the Venue Offerings in a way that constitutes copyright infringement, that party should provide CATCH™ with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification and location of the copyrighted work that such party claims has been infringed upon; (c) a written statement by such party that it has a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) such party’s name and contact information, such as telephone number or e-mail address; and (e) a statement by such party that the above information in such party’s notice is accurate and, under penalty of perjury, that such party is the copyright owner or authorized to act on the copyright owner’s behalf. Contact information for CATCH’s™ two (2) Copyright Agents for notice of claims of copyright infringement is as follows:
Klein Moynihan Turco LLP
Attn: Copyright Attorney
450 Seventh Avenue, 40th Floor
New York, NY 10123
Fax: (212) 216-9559
Canine Trainers Academy LLC
Attn: David Muriello
24 Newark Pompton Turnpike, Suite 206/207
Little Falls, NJ 07424
- Editing, Deleting and Modification. CATCH™ reserves the right, in its sole discretion, to edit and/or delete any documents, information or Content appearing on the Venue.
- Dispute Resolution Provisions. The Agreement shall be treated as though it were executed and performed in New York, NY and shall be governed by and construed in accordance with the laws of the State of New York (without regard to conflict of law principles). The parties hereby agree to arbitrate all claims that may arise under the Agreement. Without limiting the foregoing, should a dispute arise between the parties (including the Covered Parties) including, without limitation, any matter concerning the Venue Offerings, the terms and conditions of the Agreement or the breach of same by any party hereto: (a) the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in New York, NY, in accordance with the then current Commercial Arbitration rules of the AAA; and (b) you agree to first commence a formal dispute proceeding by completing and submitting an Initial Dispute Notice which can be found here. We may choose to provide you with a final written settlement offer after receiving your Initial Dispute Notice (“Final Settlement Offer”). If we provide you with a Final Settlement Offer and you do not accept it, or we cannot otherwise satisfactorily resolve your dispute and you wish to proceed, you must submit your dispute for resolution by arbitration before the AAA, in your county of residence, by filing a separate Demand for Arbitration, which is available here. For claims of Ten Thousand Dollars ($10,000.00) or less, you can choose whether the arbitration proceeds in person, by telephone or based only on submissions. If the arbitrator awards you relief that is greater than our Final Settlement Offer, then we will pay all filing, administration and arbitrator fees associated with the arbitration and, if you retained an attorney to represent you in connection with the arbitration, we will reimburse any reasonable attorneys’ fees that your attorney accrued for investigating, preparing and pursuing the claim in arbitration. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Although we may have a right to an award of attorneys’ fees and expenses if we prevail in arbitration, we will not seek such an award from you unless the arbitrator determines that your claim was frivolous.
To the extent permitted by law, you agree that you will not bring, join or participate in any class action lawsuit as to any claim, dispute or controversy that you may have against the Covered Parties and/or their respective employees, officers, directors, members, representatives and/or assigns. You agree to the entry of injunctive relief to stop such a lawsuit or to remove you as a participant in the suit. You agree to pay the attorney’s fees and court costs that any Covered Party incurs in seeking such relief. This provision preventing you from bringing, joining or participating in class action lawsuits: (i) does not constitute a waiver of any of your rights or remedies to pursue a claim individually and not as a class action in binding arbitration as provided above; and (ii) is an independent agreement. You may opt-out of these dispute resolution provisions by providing written notice of your decision within thirty (30) days of the date that you first access the Venue.
- Miscellaneous. To the extent that anything in or associated with the Venue Offerings is in conflict or inconsistent with the Agreement, the Agreement shall take precedence. CATCH’s™ failure to enforce any provision of the Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision. The parties do not intend that any agency or partnership relationship be created through operation of the Agreement. Should any part of the Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. CATCH™ may assign its rights and obligations under the Agreement, in whole or in part, to any party at any time without notice to you. The Agreement may not, however, be assigned by you, and you may not delegate your duties under it. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
- Contact Us. If you have any questions about the Agreement, Venue Offerings or the practices of CATCH™, you may utilize the contact method applicable to the subject matter of your inquiry, as set forth on the “Contact Us” page of the Venue, or you can e-mail us at: firstname.lastname@example.org; call us at: 973-925-4377; or send us U.S. Mail to:
Canine Trainers Academy LLC
Attn: David Muriello
24 Newark Pompton Turnpike, Suite 206/207
Little Falls, NJ 07424