Terms of service

These Terms and Conditions govern your use of this website and its content and, unless otherwise stated, your use of any other related website and/or mobile application owned or operated by DogtorGabby.

1. Agreement to Terms by User

By using the website, you acknowledge and accept without limitation or qualification, these terms, conditions, and notices (“Terms and Conditions”) which is incorporated herein by reference. DogtorGabby reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions. Each time you use the website, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the website. By using the website, you also accept that any prior agreements between you and DogtorGabby regarding your use of the website are hereby superseded. Certain services offered through the website, including subscriptions, workshops and other downloadables, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these terms, the additional terms will prevail.

2. Users and Accounts

The website is not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE WEBSITE. By accessing, using and/or submitting information you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the website under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. You are responsible for providing the equipment and services that you need to access and use the Website. We do not guarantee that the website is accessible on any particular equipment or device or with any particular software or service plan. We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the website or any component of it and to block or prevent future access to and use of the website and to remove you from our subscription and any related information. Any obligation or liability incurred prior to our termination of your access to the website will survive such termination.

3. Provision of the Website

We are constantly improving the website to provide the best possible experience for you and other users. You acknowledge and agree that the website, or certain features of the website, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current website is subject to these Terms. You acknowledge and agree that we may decline to provide access to the website or stop (permanently or temporarily) providing the website (or any feature, program or content within the website) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the website at any time. You do not need to specifically inform us when you stop using the website. If you use a mobile device to access the website, the following additional terms and conditions (“Mobile Terms”) also apply: You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the website. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details. You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise. When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode. Message frequency is variable. YOUR ACCESS TO AND USE OF THE WEBSITE VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.

4. Links to Third Party Sites

The website may contain links to other websites (“Linked Sites”). The linked sites are not under the control of DogtorGabby. DogtorGabby is not responsible for the contents of any linked site, including without limitation any link contained in a linked site, or any changes or updates to a linked site. DogtorGabby is not responsible for webcasting or any other form of transmission received from any linked site. DogtorGabby is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DogtorGabby of the site or any association with its operators.

5. Restrictions on Use

You should assume that everything you see or read on this website is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions. Material from the website and any other website and/or mobile application owned, operated, licensed, or controlled by DogtorGabby may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of DogtorGabby except that you may print, display or download the website for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the website is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use, but remain with DogtorGabby who owns full and complete title. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the website. Linking, or any other manner of incorporating the whole or parts of this website including the framing of this website by sites or site elements controlled by third parties is strictly prohibited.

6. No Unlawful or Prohibited Use

As a condition of your use of the website, you warrant to DogtorGabby that you will not use the website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the website in any manner which could damage, disable, overburden, or impair the website or interfere with any other party’s use and enjoyment of the website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the website. 

7. Use of Communication Services

The website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or within a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.

  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.

  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the site or another’s computer.

  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

  • Conduct or forward surveys, contests, pyramid schemes or chain letters.

  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.

  • Restrict or inhibit any other user from using and enjoying the Communication Services.

  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.

  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

  • Violate any applicable laws or regulations.

DogtorGabby has no obligation to monitor the Communication Services. However, DogtorGabby reserves the right in its sole discretion to review materials posted to a Communication Service and to remove any materials at any time, for any reason, without notice to you. DogtorGabby reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever. DogtorGabby reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, of DogtorGabby’s sole discretion. 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. DogtorGabby does not control or endorse the content, messages or information found in any Communication Service and, therefore, DogtorGabby specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized DogtorGabby spokespersons, and their views do not necessarily reflect those of DogtorGabby.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

 

8. Submissions

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards or other information communicated to DogtorGabby through the website (collectively, a “Submission”) will forever be the property of DogtorGabby. DogtorGabby will treat any Submission as non proprietary and non-confidential. By posting, uploading, inputting, providing or submitting your Submission you acknowledge that you (and not DogtorGabby) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Anything you transmit or post becomes the property of DogtorGabby and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing. No compensation will be paid with respect to the use of your Submission, as provided herein. DogtorGabby is under no obligation to post or use any Submission you may provide. It is within DogtorGabby’s sole discretion to remove any Submission at any time, for any reason, without notice to you. DogtorGabby may from time to time monitor Submissions on the website however, DogtorGabby is under no obligation to do so. DogtorGabby assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the website, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DogtorGabby will fully cooperate with any law enforcement authorities or court order requesting or directing DogtorGabby to disclose the identity of anyone posting any such information or materials.

9. Feedback

DogtorGabby welcomes your feedback regarding our business. If you want to send us your feedback, and we hope you do, we simply request that you send it to us by using our email hello@dogtorgabby.com. Please provide only specific feedback on DogtorGabby’s existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential. DogtorGabby shall be free to use such information on an unrestricted basis.

10. Disclaimer/Restriction of Liability

DogtorGabby will not be liable for any damages or injury caused by the website, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DOGTORGABBY OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US OR INFORMATION SUBMITTED VIA FORMS, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ATC PET TALK HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE. ATC PET TALK TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THIS SITE.

The material, software, products, and services in the website, or available through the website, may include technical inaccuracies or typographical errors. DogtorGabby is not responsible if information made available on the website is not accurate, complete or current. The material on the website is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the website is at your own risk. The website may contain certain historical information. Historical information necessarily is not current and is provided for your reference only. DogtorGabby may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION. DOGTORGABBY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. DOGTORGABBY HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. DOGTORGABBY DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. DOGTORGABBY NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. DOGTORGABBY NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. DOGTORGABBY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT DOGTORGABBY) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

The website may contain downloadable materials as well as links to external sites. DogtorGabby is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to such sites does not imply endorsement by DogtorGabby of the sites. You understand that DogtorGabby cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties. 

11. Indemnification

You agree to indemnify, defend and hold harmless DogtorGabby and its affiliates, and their officers, directors, employees, contractors, agents, licencors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the website or the systems transmitting the website to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

12. Termination

DogtorGabby or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from DogtorGabby’s website and/or mobile application, and (b) all related documentation and all copies and installations (together, the “Materials”). DogtorGabby reserves the right, in its sole discretion, to terminate this agreement, including your access to the website and the related services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.

13. Dispute Resolution

YOU AND DOGTORGABBY AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION. Any dispute between you and DogtorGabby and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, DogtorGabby) arising from or relating to these terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration in San Diego, California administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advance written notice of its intent to file for arbitration. DogtorGabby will provide such notice by e-mail to your e-mail address on file with DogtorGabby and you must provide such notice by e-mail to dispute resolution at hello@dogtorgabby.com with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, DogtorGabby will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse DogtorGabby for all fees associated with the arbitration that DogtorGabby paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules. The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. DogtorGabby and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither DogtorGabby nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).

14. Geographical Scope of the Website

DogtorGabby controls and operates the website from within the United States. Unless otherwise specified on the website, the website is intended to promote only those DogtorGabby products and services that are delivered by DogtorGabby in the United States; DogtorGabby makes no representation that the materials in the website or the services described thereby are appropriate or available for use in other locations. If you access the website from outside the United States, be advised the website may contain references to services that are not available or are prohibited in your country. All visitors to and users of the website are responsible for compliance with all local laws applicable to them with respect to the content and operation of the website. This English-language set of terms is DogtorGabby’s official statement of its terms of use for the website. In case of any inconsistency between these English-language set of terms and its translation into another language, these English-language terms prevail.

15. Miscellaneous

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of California, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the website. Use of the website is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DogtorGabby as a result of these Terms and Conditions or use of the website. DogtorGabby’s performance of these Terms and Conditions is subject to existing laws and legal process, and nothing contained in these Terms and Conditions is in derogation of DogtorGabby’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the website or information provided to or gathered by DogtorGabby with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by the user, these Terms and Conditions constitute the entire agreement between the user and DogtorGabby with respect to the website. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

16. Copyright and Trademark Information

All trademarks used herein are owned by the DogtorGabby unless otherwise stated. All other third party trademarks used on the website are the property of their respective owners used under license by DogtorGabby. Any rights not expressly granted herein are reserved. No framing allowed – none of the Content for the Site may be retransmitted without the express written consent of DogtorGabby. All contents of the Website are: Copyright 2020 DogtorGabby. All Rights Reserved.

17. Inquiries

Please direct all inquiries related to the DogtorGabby’s Website Terms and Conditions to: hello@dogtorgabby.com