Effective Date: November 25, 2018
THIS IS A LEGALLY BINDING AGREEMENT THAT AFFECTS YOUR RIGHTS AND LIMITS OUR LIABILITY. PLEASE READ IT CAREFULLY. BY USING OUR SITE, YOU ARE CONFIRMING YOUR AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO THE TERMS DESCRIBED HEREIN, YOU MUST LEAVE OUR SITE IMMEDIATELY.
We are Watchdog Labs, Inc. (“Watchdog Labs,” “we,” “us,” “our), and our mission is to help pet owners shop knowledgeably for dog food, using factual information. To do that, we review and rate dog food by lab testing it in a lab for nutritional value and by critiquing product features and ingredients. We publish our research and ratings, for free, on our website (“Site”) in order to maximize access for dog owners. We note, however, that we are not responsible for any third party lab testing or reporting error, and we utilize the information as it is furnished to us. We also research and publish our own information about the product, e.g. from the food’s label, manufacturer’s website, and other sources.
Our Site includes nutritional and other information related to the dog food we critique. You understand that this information represents our opinions and is not intended to serve as health advice for, or to cure or treat your dog of any ailments or issues. Be sure to consult with your veterinarian before making decisions regarding food choices you make based on information on our Site. You also understand that product information included anywhere on our Site may not always be based on our personal experience using any particular product.
Watchdog Labs reserves the right to update the Terms at any time without providing notice. If we update the Terms, you are responsible for reviewing the updated Terms, and you accessing this Site after any changes to the Terms have been posted thereon will constitute your acceptance of all such changes. You have the right to accept or reject any changes in the Terms. However, if you reject any changes in these Terms, you must discontinue use of the Site immediately. Unless specifically stated otherwise, any new features, products or services added to the Site will be subject to the Terms. Some new products or features may require your acceptance of new or additional terms before use.
We hereby grant you a non-exclusive, non-transferable, revocable, limited license (“License”) to access and use the Site under the terms set forth below. The information on our Site is for your personal, individual use only, and not for commercial or external use. Therefore, you agree to certain ground rules if you use our Site, and accordingly, you are not allowed to: modify or copy the materials; use the materials for any commercial purpose or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any scoring system or material on our Site; remove any copyright, trademark, or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server. The limited License we offer you in using our Site will terminate automatically if you violate any of these restrictions or any of the Terms.
We reserve the right to terminate the License granted herein and deny you access to our Site in our sole discretion, without any advance notice or liability to you. We also reserve the right to investigate suspected violations of these Terms of Service, including, without limitation, any violation arising from any e-mails you send to Watchdog Labs. Any violation of the Terms may be referred to law enforcement authorities. The termination of your License and account will not affect any additional right or relief to which we may be entitled, at law or in equity. Upon termination of your License, all rights granted to you will automatically terminate and immediately revert to Watchdog Labs. Further, upon termination, you agree to destroy any downloaded materials in your possession whether in electronic or printed form.
You may not do any of the following:
(a) Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site;
(b) Remove or obscure the copyright notice or other notices displayed in connection with any information and Content on this website (“Content”) accessible through the Site;
(c) Interfere with or disrupt the Site, or servers and networks connected to the Site, or circumvent, disable or otherwise interfere with security-related features of the Site or features that prevent or restrict use or copying of any Content or that enforce limitations on use of the Site;
(d) Modify the Site in any manner or form, or use modified versions thereof;
(e) Sell, assign, sublicense, or otherwise transfer any right in the Content accessible through the website;
(f) Use any robot, spider, scraper, or other automated means to access the Site for any purpose;
(g) Take any action that imposes or may impose an unreasonable or disproportionately large load on the Site infrastructure as we may determine in our sole discretion; or
(h) Knowingly disseminate or transmit any worms, viruses or other harmful, disruptive or destructive files, code, programs or other similar technologies, or otherwise utilize the Service in any manner that violates any statute, rule, or regulation;
Content and any intellectual property rights embodied within the Site are the property of Watchdog Labs or the manufacturers or sellers of any particular products. You understand that all trademarks, copyrights, and other rights are the property of their respective owners.
Unless otherwise stated, none of the Content is permitted to be copied, reproduced, modified, distributed, sold, broadcast, stored or otherwise used without the express prior written permission of Watchdog Labs or the original copyright holder. You may display and print Content available on this website solely for your personal, non-commercial use, provided that you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. Unauthorized use of Content contained on our Site is expressly prohibited by law.
We encourage you to report any Content on the Site that you believe infringes your rights. Only the intellectual property rights owner or person authorized to act on behalf of the owner can report potentially infringing Content. If you have a good faith belief that Content on the Site infringes your copyright, trademark, or other intellectual property rights, please send a written notice containing your name and signature to our Copyright Agent that specifically describes the nature and location of the Content you believe to be infringing. Under the U.S. Digital Millennium Copyright Act, our designated copyright agent for notice of alleged copyright infringement appearing on the Site is:
Watchdog Labs Inc.
Cambridge, MA 02142
Any notices or other communications regarding copyright infringement that are sent in any manner other than as described above, or that are not relevant to copyright infringement, will receive no response. We reserve the right to remove any Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you, and/or to terminate your account if it is determined that you knowingly posted infringing Content.
We maintain marketing affiliate relationships with many of the sellers whose products may be featured and reviewed on our Site, in our email newsletters, social media posts, and any other method or manner of publication we choose. If you choose to buy any products or services from those companies, we may receive a compensation for having referred them to you. When such a relationship exists and is not obvious, it will be mentioned in the article discussing the product, for example in the footer. We offer no guarantees that any product descriptions, pricing, or any other information about a product or service discussed on this Site, regardless of its source, is accurate, complete, reliable, current, or error-free. Site Content is provided for informational and entertainment purposes only and does not constitute an endorsement by Watchdog Labs of any product or participating retailer. We assume no liability for inaccuracy or incompleteness of any Content on our Site, in any communications from us, or any content you review through any of our affiliate marketing links.
In no event shall we be liable to you or any other party for any direct, indirect, special, incidental, consequential, exemplary, or punitive damages, that may result from your use of our Site, including but not limited to, losses resulting from: (a) any inaccurate information published on our Site or any site accessible via an advertisement or link; (b) your business dealings with any marketing affiliates, advertisers, companies, and third parties that link to or from our Site; (c) damages or losses of any kind, including, without limitation, injuries or death, resulting from your purchase and use of any products purchased from marketing affiliates or advertisers; (d) any actions you take in reliance upon any information available on the Site; and (g) any other damages or losses you may incur in connection with your use of the Site. YOU UNDERSTAND THAT IN NO EVENT WILL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED TEN UNITED STATES DOLLARS ($10.00).
We are not responsible for examining or evaluating the business practices, actions, omissions, or services of marketing affiliates, advertisers, companies, and third parties whose information, products, or services are featured on our Site. IN THE EVENT OF A DISPUTE BETWEEN YOU AND A MARKETING AFFILIATE, ADVERTISER, COMPANIES, AND THIRD PARTIES, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE WATCHDOG LABS, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LEGAL REPRESENTATIVES FROM AND AGAINST CLAIMS AND DAMAGES OF ANY KIND, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
If you are a California resident, by using our Site, you explicitly waive the rights granted to you under California Civil Code 1542, which states: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor." If you are a New Jersey resident, certain sections of these Terms of Service may not apply to you pursuant to the New Jersey Truth in Consumer Contract, Warranty, and Notice Act. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.
THE MATERIALS ON OUR SITE ARE PROVIDED "AS IS." WE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS.
WE MAKE NO GUARANTEES OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS, TIMELINESS OR CURRENTNESS OF ANY INFORMATION DISPLAYED ON THE SITE, AND HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE CONTENT OR COMMUNICATIONS IN THE SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.
The information on our Site, such as text, graphics, images, information, and other material, including all Content are for informational purposes only. The Content is not intended to be a substitute for health or veterinary advice. Always seek the advice of your veterinarian before making a decision to use any of the products reviewed on and/or linked through our Site. Always follow all manufacturer labels, warnings and instructions. The use of our Site and all our reviews is at your own risk. In no event shall we be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on our Site, even if Watchdog Labs or a Watchdog Labs authorized representative has been notified orally or in writing of the possibility of such damage.
Watchdog Labs is not affiliated, associated, authorized by, endorsed by, or in any way connected to the brands and companies mentioned on our Site. Actual product packaging and materials may contain more and different information than what is shown on our Site. Always read all labels, warnings, and directions before using a product. All tests, reviews, and scores are based on retail samples of a respective product. They may only represent a single product batch and may not be representative of any other batches of a particular product, including batches sold in other stores and in other locations. Further, statements made on our Site have not been endorsed or evaluated by the Food and Drug Administration (“FDA”),the U.S. Department of Agriculture (“USDA”)or the Association of American Feed Control Officials (“AAFCO”).
By using this Site, you agree to defend, indemnify and hold harmless Watchdog Labs and its officers, directors, employees, contractors, agents, licensors, and service or content providers from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising and resulting from your use of the Site and any violations of these Terms. If you cause a technical disruption of the Site or the systems transmitting the Site 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.
The materials appearing on our Site could include technical, typographical, or photographic errors. We do not warrant that any of the materials on our Site are accurate, complete, or current. Watchdog Labs may make changes to the materials contained on our Site at any time without notice. We do not, however, make any commitment to update the materials.
We have not reviewed all of the websites linked to or from our Site and are not responsible for the contents of any such linked third-party site information. The inclusion of any link does not imply endorsement by Watchdog Labs of the third party site. Use of any such linked website is at your own risk.
Further, we are not responsible if social media influencers, bloggers, fans, readers, or any third parties: share and repost our content elsewhere; or create/originate their own content regardless of where they share or post that content.
The Site is not intended for use by people who are younger than age 13. Do not use the Site if you are under 13. Watchdog Labs is intended for users in the United States. Those who choose to access the Site from locations outside of the United States of America do so on their own initiative and risk and are responsible for compliance with applicable local laws. You may not use or export any Content in violation of U.S. export laws and regulations.
This document shall be governed in all respects by the laws of the United States and the State of Massachusetts, regardless of conflict of law rules. Any claim or dispute you may have against us, whether subject to mandatory arbitration or otherwise, must be brought in Boston, Massachusetts, except that arbitration proceedings may be conducted by telephone. For any matters not subject to mandatory arbitration, you agree to submit to the personal jurisdiction of the courts located within Middlesex County, Massachusetts for the purpose of litigating all such claims or disputes. All claims filed or brought contrary to this section shall be considered improperly filed. Should you file a claim improperly, we may recover reasonable attorneys’ fees and costs, provided that we have notified you in writing of the improperly filed claim and you have failed to withdraw the claim promptly.
You agree to arbitrate all disputes and claims that arise out of or relate to your use of our Site. Therefore, you agree that, by using our Site, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION BASED ON OR INVOLVING CLAIMS BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY ON BEHALF OF THE GENERAL PUBLIC, OTHER USERS, OR PERSONS SIMILARLY SITUATED. This agreement to arbitrate includes, without limitation, claims arising out of any use of our Site regardless of how or when they may arise. Any arbitration proceeding brought under this section shall be conducted by an arbitration service provider chosen by Watchdog Labs applying Massachusetts law. The arbitration may be conducted telephonically, with the costs to be split evenly between the parties.
Any claim or cause of action arising out of your use of the Site must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by Watchdog Labs to enforce or exercise any provision of these Terms of Service or any related right shall not constitute a waiver of that right or provision.
This Terms of Service and any document incorporated by reference herein constitute the entire agreement between you and us and govern your use our Site, superseding any prior agreements between us.
If any provision of these Terms of Service is found by a court or other binding authority to be invalid, the remaining provisions shall continue in full force and effect.
If you have any questions about this Terms of Service, please email: email@example.com.