Johnnie's Dog House: Terms of Use

1. Introduction
2. Use of Material, Software, and Other Content
3. Acceptable Site Use
4. User Information
5. User Submissions
6. Registration and Password
7. COMPANY's Liability
8. Disclaimer of Consequential Damages
9. Links to Other Sites
10. Franchises
11. Termination
12. Indemnity
13. Intellectual Property Right Violations
14. General

1. Introduction
This page states the Terms and Conditions ("Terms") under which you may use www.johnniesdoghouse.com ("Web Site" or "Site"). Please read this page carefully. If you do not accept the Terms, do not use our Web Site. By using this Web Site, you accept and consent to be bound by the Terms. Johnnie's Dog House Franchising, LLC ("we", "us", "our") may revise the Terms at any time by updating this page. So, you should visit this page periodically because if you use the Site after we post changes to the Terms, it means you accept those changes. The terms "you" and"user" in the Terms and our Privacy Policy refer to all individuals and/or entities accessing the Web Site for any reason. If you are under 13 years of age, please be sure to read these Terms with your parent or guardian.

2. Use of Material, Software, and Other Content
The contents of the Site, such as text, graphics, images, and other information and material are referred to as"Material." All software available from the Site, including any files, images or other Material incorporated in or generated by the software, and data accompanying the software, are referred to as the"Software." The Material, Software, and any other information and data available on or through the Site now or hereafter are referred to as "Content." All Content is owned by Johnnie's Dog House Franchising, LLC and its licensors, vendors, or other users and is protected by United States and foreign intellectual property laws. We may change, suspend, or discontinue any aspect of the Site and Content at any time. You must comply with all notices and restrictions contained in any Content. Unauthorized use of any Content may violate intellectual property and other laws.

We authorize you to view and download a single copy of the Content solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices contained in the original Content on any copy you make. No other use is permitted. For example, you may not sell or modify any Content or reproduce, display, publicly perform, distribute, or otherwise use any Content in any way for any public or commercial purpose. You also may not use the Content on any other web site or in a networked computer environment for any purpose.

You may not copy or adapt the HTML or other code used to generate our pages. This code is protected by copyright.

Without our prior written permission, you may not use any computer code, data mining software,"robot," "bot," "spider," "scraper" or other automatic device, or program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the pages or other Content.

If you download Software from the Site, the Software is licensed to you by us or our licensors. We do not transfer title to the Software to you. You may own the medium on which the Software is recorded, but we and our licensors retain full and complete title to the Software and all intellectual property rights related to it. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. We may require that any use of the Software be subject to an end-user software license agreement.

You are solely responsible for the use and effect of any Content which you may download or otherwise obtain through the Site, including any loss of data or functionality. Please note that Content may refer to products and services which are not available in your country.

3. Acceptable Site Use
General Rules: You may not use the Web Site to transmit, distribute, store or destroy material: (a) in violation of any applicable law or regulation; (b) in a manner that will either infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others; or (c) that is defamatory, obscene, threatening, abusive, or hateful, all as we determine in our sole discretion.

Security Rules: You may not violate or attempt to violate the security of our Web Site or use the Site to violate the security of another web site by any method, including, without limitation, by: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Site, host or network, including, without limitation, by submitting a virus to the Site, overloading, "flooding","spamming","mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any Johnnie's Dog House Franchising, LLC packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Johnnie's Dog House Franchising, LLC may investigate violations of the Terms and may involve and cooperate with law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses: You specifically agree not to use the Site to:

distribute or otherwise publish, without Johnnie's Dog House Franchising LLC's prior approval, any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services;
solicit other users of the Web Site to join or become members of any commercial online service; or
delete or revise any Content posted by any other person or entity.

4. User Information
If we allow users to register on the Site, when you register we will ask you to provide us with certain information including, without limitation, a valid email address (your "Information"). Please see Johnnie's Dog House Franchising, LLC's Privacy Policy for further details regarding our use of your Information.

5. User Submissions
As a user of the Web Site, you are responsible for your own communications and transmissions and for their consequences. Accordingly, you shall not:

post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
post material that reveals trade secrets, unless you own them or have the permission of the owner;
post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, embarrassing, or otherwise injurious to another user or any other person, entity, or group;
post material that is false, fraudulent, grossly exaggerated, misleading, or deceptive;
post a sexually-explicit image or statement;
post advertisements or solicitations of business without Johnnie's Dog House Franchising, LLC's approval;
post chain letters or pyramid schemes;
upload or transmit a virus or other harmful or destructive file;
interfere with, disrupt, or harm the Web Site or any service, network, or system resource connected thereto or accessible therefrom; or
impersonate another person.

Johnnie's Dog House Franchising, LLC does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that if you rely on any Content posted by another user, it will be at your own risk.

Johnnie's Dog House Franchising, LLC has no obligation to screen communications in advance and is not responsible for screening or monitoring Content posted by users. If we are notified of communications that allegedly do not conform to the Terms, we may investigate that allegation and determine in good faith and our sole discretion whether to remove or request the removal of the communication. Johnnie's Dog House Franchising, LLC has no liability or responsibility to users for performance or non-performance of such activities. We reserve the right to remove Content (including communications) and to expel users and prevent their further access to the Web Site if we believe the Content or the user is violating or has violated the Terms or any law or regulation.

By submitting Content to the Web Site, including message boards, forums, contests, chat rooms, etc., you grant Johnnie's Dog House Franchising, LLC and its affiliates the royalty-free, perpetual, irrevocable, non-exclusive right and license (including a waiver of any moral rights) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and has validly and irrevocably granted to you the right to grant the license stated above. You also permit any user of the Web Site to access, display, view, store and reproduce such Content for personal use. Subject to the foregoing, the owner of any Content placed on the Site retains any and all rights that may exist in such Content.

6. Registration and Password
If we make portions of the Site only available through use of a password, you are responsible for maintaining the confidentiality of your personal and other information and password. You are responsible for all uses of your registration, whether or not authorized by you. You shall immediately notify Johnnie's Dog House Franchising, LLC of any unauthorized use of your registration or password.

You may have to register or otherwise provide certain information to gain access to or use certain areas of the Web Site. It's optional and entirely your decision to provide the requested information, but if you choose not to do so, you may not be able to access certain Content or to participate in various areas of the Site.

You may also provide information to us or one of our affiliates in other ways, e.g., to enter a contest or promotion. When you register or provide information to us or one of our affiliates on the Site or in any other manner, you shall provide only true, accurate, current and complete information on all registration pages. Using a name other than your own legal name is prohibited, except in those specific areas of the Site that specifically ask for a fictitious name, e.g., certain message boards and chat rooms. You acknowledge that Johnnie's Dog House Franchising, LLC may use any Content you provide to us according to our Privacy Policy.

7. Johnnie's Dog House Franchising, LLC's Liability
The Content may contain typographical errors or other inaccuracies. Johnnie's Dog House Franchising, LLC makes no representations about the accuracy, reliability, completeness, or timeliness of the Site or any Content. The use of the Site and any Content is at your own risk. We reserve the right, at our discretion, to modify, add, or remove portions of the Content and Site at any time without notice.

Neither we nor any other supplier of Content is or will be liable for any delays, inaccuracies, errors, or omissions in any of the Content or for any damages arising from or in connection with your or another's use of the Content, all of which is supplied "as-is", without any warranties of any kind. In particular, we disclaim any warranty of accuracy, timeliness, fitness for a particular purpose, non-infringement, or merchantability with respect to the Content and any other aspect of the Site.

You acknowledge and agree that you are solely responsible for the form, content, and accuracy of any Content you place on the Web Site.

JOHNNIE'S DOG HOUSE FRANCHISING, LLC DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE OR ANY CONTENT RESULTS IN THE NEED TO SERVICE OR REPLACE EQUIPMENT OR DATA, JOHNNIE'S DOG HOUSE FRANCHISING, LLC IS NOT RESPONSIBLE FOR THOSE OR ANY RELATED COSTS.

THE WEB SITE AND CONTENT ARE PROVIDED"AS IS" WITHOUT ANY WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, JOHNNIE'S DOG HOUSE FRANCHISING, LLC DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT. JOHNNIE'S DOG HOUSE FRANCHISING, LLC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, OR LINKS.

8. Disclaimer of Consequential Damages
IN NO EVENT WILL JOHNNIE'S DOG HOUSE FRANCHISING, LLC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, RELIANCE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEB SITE OR ANY CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JOHNNIE'S DOG HOUSE FRANCHISING, LLC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

If, despite the Terms, we are found liable to you from your use of the Site or any Content, our aggregate liability for all such claims is limited to $100. Because some jurisdictions prohibit the limitation or exclusion of liability for consequential damages, the foregoing restriction may not apply to you.

9. Links to Other Sites
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such third-party web sites. Johnnie's Dog House Franchising, LLC is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party sites, you do so at you own risk.

Johnnie's Dog House Franchising, LLC cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from Johnnie's Dog House Franchising, LLC, since these sites are owned and operated by independent entities. We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites. Johnnie's Dog House Franchising, LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third parties.

10. Franchises
Any section on the Site for prospective franchisees is not an offer to sell a franchise, which can only be made through the delivery of a Uniform Franchise Offering Circular. Please note that the filing of an application for registration does not constitute approval, endorsement, or recommendation by any state regulatory authority or agency, nor does it mean that the agency or authority has found that any information provided on the Site is complete, true, or not misleading.

11. Termination
If you breach any Term, Johnnie's Dog House Franchising, LLC reserves the right, at its sole discretion, to immediately terminate your registration with, or ability to access, the Site and/or any other service we may provide.

12. Indemnity
You shall defend, indemnify, and hold harmless Johnnie's Dog House Franchising, LLC, its officers, directors, employees, and agents from and against any claims, demands, and damages, including without limitation, reasonable legal and accounting fees, alleging or resulting from your use of any Content or the Site and your breach of any of the Terms. We will notify you promptly of any such claim or demand and in our discretion will assist you, at your expense, in defending against any such claim or demand.

13. Intellectual Property Right Violations
We respect intellectual property rights. If you believe any Content has been copied or otherwise used in a way to violate your or another person's copyright or other intellectual property right, please notify us at _______________________________________________________________.

The Site includes trademarks, service marks, and other logos ("Marks") owned by Johnnie's Dog House Franchising, LLC, its affiliates, or third parties, e.g., <johnniesdoghouse.com> is a trademark of Johnnie's Dog House Franchising, LLC. No Mark may be used in any manner unless we have previously approved such use.

14. General
Johnnie's Dog House Franchising, LLC makes no claims that the Content may be lawfully viewed or downloaded outside of the United States. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Terms are governed by the internal substantive laws of the State of Pennsylvania, without respect to its conflict of laws principles. Jurisdiction of any claims arising under the Terms will lie exclusively with the state courts in Chester County, Pennsylvania, or, if applicable, the federal courts in the Philadelphia District of Pennsylvania, and you consent to the exclusive personal jurisdiction of such courts if there is any dispute between you and us. If any provision of a Term is found to be invalid by any court having competent jurisdiction, the invalidity of the provision will not affect the validity of the remaining provisions, which will remain in full force and effect. No waiver of any provision of the Terms will be deemed a further or continuing waiver of such provision or any other provision. Except as expressly provided in an end-user software license, or in a"Legal Notice" or other statement by Johnnie's Dog House Franchising, LLC on the Web Site, the Terms are the entire agreement between you and Johnnie's Dog House Franchising, LLC with respect to the use of Web Site and the Content. No change to the Terms may be made except by a revised posting on this page.