TERMS OF USE

Date Last Amended: These Terms of Use were last amended in April 19, 2022.

This website or mobile application is one of several websites (the “Sites”) or mobile applications (the “Apps”) (collectively, the “Digital Services”) relating to and/or operated by Camp Bow Wow Franchising, Inc., Bow Wow Buddies Foundation, and any of their subsidiaries, affiliates and related companies (collectively, “Camp Bow Wow,” “us,” or “we”). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our Digital Services. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you are required to immediately cease all usage of our Digital Services.

For clarity, these Terms of Use are applicable to those parts of the Digital Services which may be specific to a particular Franchisee. For example, when you go to make a dog boarding reservation at a specific Camp through the Digital Services these Terms of Use will apply.

ADDITIONAL POLICIES AND AGREEMENTS

To the extent additional rules or guidelines govern your use of these Digital Services, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these Terms of Use. Our Privacy Policy describes the information we collect when you and others use our Digital Services, as well as how we use the information, and some of the steps we take to protect your privacy. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy. Some features of our Digital Services may require you to agree to other terms, for example our App will require consent to special terms of service if you wish to make a reservation at a Franchisee location. To the extent there is any conflict or ambiguity between those other terms and these Terms of Use, the other terms will prevail to the extent of the conflict or ambiguity.

REGISTRATION ON OUR DIGITAL SERVICES

Certain features of our Digital Services may require you to register by providing your name, e-mail address, and other information. For example, you may be required to register with us before making a reservation at one of the Franchisee camp locations or to access self-service features on our Digital Services. If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form and submit to any verification steps we may reasonably request to confirm your identity, and you further agree that you will update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, or if you violate these Terms of Use. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in to your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.

RESERVATIONS

You may not be able to finalize reservations on our Digital Services for all camp locations or services. The location’s specific page will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit the location in person. You agree that you will make all reservations in good faith only for your dog(s), and that you will not resell, advertise, assign, or otherwise market your reservation to third parties.

While we make our best effort to provide you with up-to-date data regarding space at camp locations (or other services), availability is subject to change at any time. We and the Franchisees make no representations or warranties regarding availability of any services. In the event of a technical or clerical error in the published rate or availability of any service, we or the Franchisees reserve the right to cancel your reservations and provide a refund for your purchase (including after your purchase is confirmed) and you agree that such refund will be our sole liability and your sole remedy.

THIRD-PARTY AND AFFILIATE DIGITAL SERVICES

Certain areas of the Digital Services and some payment processing functions, may be operated on behalf of Camp Bow Wow by third parties, and our Digital Services may include links to third party sites or services which may be subject to the Terms of Use and/or Privacy Policies of those parties. Camp Bow Wow is not responsible for any aspect of these third-party service providers, their services or websites. Please review any terms and conditions that may apply if and when you visit any third party sites or use any third party services available through our Digital Services.

MODIFICATIONS AND INTERRUPTION TO THE DIGITAL SERVICES

We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

YOUR REPRESENTATIONS

As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, CAMP BOW WOW, ITS AFFILIATES, ITS RELATED ENTITIES, ITS FRANCHISEES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CAMP BOW WOW PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CAMP BOW WOW PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR INFORMATION OR COMMUNICATIONS, ANY DEFECTIVE RESULT PROVIDED, ANY ERROR IN ANY INFORMATION PROVIDED OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE CAMP BOW WOW PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY CAMP BOW WOW PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE CAMP BOW WOW PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold the Camp Bow Wow Parties harmless from any claim or demand, including reasonable attorney's fees and costs arising, made by any third party due to or arising out of your posting of any content on a Digital Service, or other use of a Digital Services in a manner not permitted by Camp Bow Wow, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.

USER FEEDBACK

All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Camp Bow Wow. By submitting Feedback to Camp Bow Wow, you assign to Camp Bow Wow, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you or giving you credit in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.

USER-SUBMITTED CONTENT AND USER CONDUCT

Any content, whether uploaded, posted, submitted, or otherwise made available on our Digital Services or to Camp Bow Wow, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Camp Bow Wow Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Camp Bow Wow Party be liable in any way for any User Content made available through any of our Digital Services. We may not moderate all comments or other User Content, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.

You agree that you will not use any of our Digital Services to store, transmit or make available any content that:

  • violates any laws, contains any threats, is abusive, harassing, vulgar, obscene, indecent, violates any person's rights of privacy or publicity, is defamatory, libelous, hateful, contains any disparaging statements or opinions regarding racial, gender or ethnic background, or is otherwise tortious or objectionable;
  • infringes any intellectual property rights or other rights of any party, including, but not limited to any patent, trademark, trade secret, copyright or other proprietary rights;
  • contains any private information about an identifiable person without that person's permission, or any content soliciting any personal or private information from any individual;
  • you know or have reason to know or ought to know is false, misleading, or fraudulent;
  • you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • employs any techniques to disguise the origin of the content submitted;
  • contains any unsolicited or unauthorized advertising or promotional materials;
  • incorporates within it any software viruses or any other malicious code;
  • contains links to any websites containing content violating any of the foregoing requirements, the law, or other provisions of these Terms of Use.

You further agree not to use our Digital Services to:

  • engage in any conduct which might be harmful to any individual;
  • impersonate or misrepresent your affiliation with any person or entity;
  • engage in or facilitate any conduct that is deemed, or found by any court or similar agency, to constitute "stalking" or otherwise harassing conduct aimed at another person or entity;
  • engage in or transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting our Digital Services, servers or networks connected thereto. We reserve the right (but have no obligation) in our sole discretion to pre-screen, edit, refuse, move or remove any User Content that is posted on our Digital Services or prohibit your access to our Digital Services in the event of a violation of these Terms of Use.

If any User Content is your original work, then you own the copyright in that work. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Digital Service or social media, you are granting Camp Bow Wow, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.

COPYRIGHT AND TRADEMARK INFORMATION

All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation Digital Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Camp Bow Wow, with all rights reserved, or in some cases may be licensed to Camp Bow Wow by third parties. This content is protected by the intellectual property rights of Camp Bow Wow or those owners. All trademarks displayed on the Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.

NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT

In the event that you find content posted on one of our Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:

  1. your name, address, telephone number, and e-mail address, and if you are acting on behalf of the owner of the intellectual property, the name of the owner;
  2. a statement, made under penalty of perjury, that you are the owner of the copyright or are authorized to act on behalf of the owner;
  3. a detailed description of the copyrighted work or other intellectual property that you claim has been infringed;
  4. if your claim is based on a registered work, the registration number, and the date of issuance of the registration;
  5. a description of the infringing material and the URL where such material is located on the Site, or a description of where on our Site you found such material;
  6. your written statement that you believe, in good faith, that the use of the work on our Site has not been authorized by the true owner of the work, its agent, or as a matter of law; and
  7. a statement under penalty of perjury that all of the information you have provided is true.

Please send your notice of alleged infringement to: Kimberly Morris, 7577 W. 103rd Ave, Unit 209, Westminster, Colorado 80021, E-mail: copyright@cbwcorp.com , fax: 303-484-4406.

In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Camp Bow Wow to terminate use of our Digital Services by repeat infringers in appropriate circumstances.

Mobile Devices

If you access our Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. Neither we nor the Franchisees will be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.

By signing up via text, you agree to receive recurring automated promotional and personalized marketing text messages (e.g. cart reminders) from CBW at the cell number used when signing up. Reply HELP for help and STOP to cancel. Msg frequency varies. Msg & data rates may apply. View Terms at legal.termsofservice.info/cbw-terms-of-texting and our full Privacy Policy here.

Arbitration

Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Denver, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator shall be mutually agreed upon by both parties, or if the parties cannot agree on a single arbitrator, they each will choose one arbitrator, and those two will together choose a third arbitrator, and a panel of three arbitrators will hear the matter. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Denver, Colorado, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.

Governing Laws; Jurisdiction

The laws of the state of Colorado and the United States govern these Terms of Use and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States and Canada. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Denver, Colorado will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our Digital Services, and you hereby consent to such jurisdiction.

Compliance with Laws

You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, provincial, federal, or international laws, regulations or other government requirements.

Changes to These Terms

We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.

The first sentence of these Terms of Use indicates when these Terms of Use were last amended.

Other Terms

If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Camp Bow Wow. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Camp Bow Wow, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Except as otherwise expressly set forth herein, you agree and understand that these Terms of Use constitute the entire agreement between you and Camp Bow Wow regarding your use of the Digital Services, and that any other prior agreements between you and Camp Bow Wow are superseded by these Terms of Use. Any failure by Camp Bow Wow to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of a Digital Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Terms for iOS Users

Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that:

  • This agreement is between you and Camp Bow Wow, and not Apple Inc. Camp Bow Wow is solely responsible for the licensed application and the content thereof.
  • The license for this software is non-transferable and may only be used on Genuine Apple products owned and operated by you pursuant to the Apple Usage Rules set forth in the Apple Media Services Terms and Conditions, or by other accounts associated with you via Family Sharing or volume purchasing.
  • Camp Bow Wow is solely responsible for all maintenance and support services for the App. Apple Inc. is in no way responsible for these services.
  • In the event of any failure of this App to conform to any applicable express or implied warranty, a user may notify Apple, and Apple will refund any purchase price paid to that end user. Unless required by law, Apple has no other warranty obligation with respect to the licensed application. Any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform will be Camp Bow Wow’s sole responsibility.
  • Camp Bow Wow, not Apple Inc., is responsible for addressing any claims relating to the App and a user’s possession or use of the App, including, but not limited to, (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of a third party’s claim of intellectual property right infringement relating to the App or a user’s possession or use of the App, Camp Bow Wow, not Apple Inc., is solely responsible for the investigation, defense, settlement and discharge of that intellectual property infringement claim.
  • You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or has been designated by the U.S. as a “terrorist supporting” country; and you are not listed on any U.S. Government list of prohibited or restricted parties.
  • You must comply with applicable third party terms of agreement when using this App.
  • Apple and its subsidiaries are third party beneficiaries of this agreement, and upon your acceptance of the Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement against you as a third party beneficiary thereof.

If you have any questions about these Terms of Use, please feel free to contact us by mail at: 7577 W. 103rd Ave, Unit 209, Westminster, Colorado 80021 or email at info@campbowwowusa.com.

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