Terms and Conditions

These Terms of Service (“TOS”) set forth the terms and conditions under which you are authorized to use Data Dawg, the information technology system owned by Camp Bow Wow Franchising, Inc. (“CBW,” “we,” or “us”). By accessing or using Data Dawg, you agree to these TOS. If you do not agree to these TOS, you should immediately cease all usage of Data Dawg.

Subject to these TOS, during the term of the Franchise Agreement governing the Camp Bow Wow^® location that you own, in which you work, CBW will provide you with a limited right to access and use Data Dawg, solely in connection with your operation of, employment by the Camp Bow Wow^® franchised business licensed under the applicable Franchise Agreement. Your rights are personal, non-exclusive, non-transferable and non-sublicensable. You understand that CBW may from time to time update, change or revise the TOS or Data Dawg, and that all such updates, changes and revisions will be deemed part of the TOS and Data Dawg for all purposes of these TOS. The TOS (i) exist to protect our interests in the Camp Bow Wow^® System and Trademarks and not for establishing any control or duty to take control over those matters that are reserved to you, and (ii) do not in any way shift any employee or employment related responsibility from you to us or create any type of joint employment relationship with you or any of your employees.

Your Representations

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

Access to and Registration on Data Dawg

You are solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment that is necessary for you to connect to, access, and use Data Dawg.

The rights granted to you under these TOS entitle you to access Data Dawg through a single on-line login account (“Account”). Each Account ID is personal in nature and may be used only by the single designated individual to which it is assigned (each such individual is hereinafter referred to as a “User”). Account IDs may only be issued to Users who have a legitimate business need to access Data Dawg, and by accessing and/or using Data Dawg, you represent and warrant to CBW that you have a legitimate business need for the same. Your Account may provide you with full access to all features of Data Dawg, or it may only provide you with limited access to certain parts of Data Dawg, due to pre-set levels of security access established by CBW or the franchise owner. You should only be able access the specific areas of the Account and Data Dawg that you must access to perform your job.

You agree to provide accurate information about yourself when your Account is created, 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 Data Dawg 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 TOS. 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 with 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.

Additional Policies and Agreements

To the extent additional rules or guidelines govern your use of Data Dawg, those rules and guidelines (including our Privacy Policy) are hereby incorporated by reference into these TOS. Our Privacy Policy describes to consumers who use our website how we process personal information they submit to us through that website (“Consumer PII”). We may subsequently share Consumer PII with you. Your processing of Consumer PII must comply with our Privacy Policy. As between you and us, we own all Consumer PII and you merely have permission to use it for business purposes during the term of the Franchise Agreement.

Third Party and Affiliate Digital Services

Certain areas of Data Dawg and some payment processing functions may be operated by third parties, and Data Dawg may include links to third party sites or services which may be subject to the TOS and/or Privacy Policies of those parties. CBW is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply when you visit any third-party sites or use any third-party services available through Data Dawg.

Modifications and Interruption to Data Dawg

We reserve the right to modify or discontinue all or any portion of Data Dawg 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 Data Dawg, or that operation of Data Dawg will be uninterrupted or error free. You understand that usage of Data Dawg may be interfered with or adversely affected by numerous factors or circumstances outside of our control.

Disclaimer of Warranties and Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, CBW, ITS RELATED ENTITIES, ITS SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “CBW PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF DATA DAWG IS AT YOUR SOLE RISK. DATA DAWG AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE CBW PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF DATA DAWG. UNDER NO CIRCUMSTANCES, WILL ANY OF THE CBW 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 DATA DAWG OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH DATA DAWG. 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 CBW 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 CBW 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. IN JURISDICTIONS WHERE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT PERMITTED, CBW’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

You remain solely and entirely responsible for your compliance with all laws, regulations and ordinances regarding your use of and access to Data Dawg. You agree to indemnify and hold the CBW Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your use, collection of, protection of, or dissemination of, personally identifiable information, financial information, or any other information in Data Dawg, or other use of a Data Dawg in a manner not permitted by CBW, including without limitation your actual or alleged violation of these TOS, or infringement of a third party’s intellectual property or other rights by you or another user of Data Dawg using your computer, mobile device or Account.

CBW will, at its expense, defend you against any claims brought against you by a third party that claims your use of Data Dawg infringes any copyright, trade secret or trademark right. In addition, CBW will pay any damages that a court finally awards against you in a litigation based on any such claim. The foregoing obligation of CBW under this Section is conditioned upon you providing CBW with: (1) notice of any such claim within 3 days after you receive written notice thereof; (2) sole control over the defense and settlement of such claim; and (3) reasonable assistance (at CBW’s expense) in the defense and settlement of such claim. If you are, or CBW reasonably believes you may be, enjoined from using Data Dawg, CBW, at CBW’s option and expense, may procure the right for you to continue using Data Dawg, replace or modify Data Dawg so that it becomes non-infringing, or provide you or the franchise owner, as applicable, a refund of all pre-paid amounts applicable to Data Dawg (if any). Notwithstanding the foregoing, this Section will not extend to any claim arising out of or in connection with any: (i) portion of Data Dawg or any other service or product of any third-party not provided by CBW as part of Data Dawg; (ii) your information; or (iii) use of Data Dawg other than as permitted by these TOU. THIS SECTION STATES CBW’S ENTIRE LIABILITY FOR INFRINGEMENT OR MISAPPROPRIATION CLAIMS RELATING TO DATA DAWG.

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 CBW. By submitting Feedback to CBW, you assign to CBW, 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 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 Data Dawg or to CBW that does not originate with a CBW Party (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any CBW Party be liable in any way for any User Content made available through Data Dawg. 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 Data Dawg to transmit or make available any content that:

You further agree not to use Data Dawg to:

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 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 TOU.
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;
Download, collect, or otherwise obtain a customer list, personally identifiable information, or other customer information for improper, illegal, or otherwise unapproved use in violation of any law, regulation, ordinance, or franchise agreement or other agreement regarding the franchise;
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, national, or international law or regulation.

In addition, you are prohibited from interfering with, creating an excessive burden on, or otherwise disrupting Data Dawg, 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 Data Dawg or prohibit your access to Data Dawg in the event of a violation of these TOS.

Removal of Content

In general. You can seek removal of objectionable User Content by contacting us using the information provided below. We will endeavor to review all such requests and will remove User Content that we determine should be removed, in our sole discretion and in accordance with these TOS and applicable law. Please be aware, however, that if the User Content has already been distributed to other websites or published in other media, we will not be able to recapture and delete it. Also, a back-up or residual copy of the User Content we remove from Data Dawg may remain on back-up servers.

Violation of copyrights. We do not knowingly violate or permit others to violate the copyrights of others. We will promptly remove or disable access to material that we know is infringing or if we become aware of circumstances from which infringing activity is apparent.

If you are requesting removal of content because of a violation of your copyrights, please note that the Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your own work, or the work of a third party for which you are authorized to act, is featured on Data Dawg or has been otherwise copied and made available on Data Dawg in a manner that constitute copyright infringement, please notify us immediately. Your notice must be in writing and must include

an electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on Data Dawg (including the URL, title and/or item number if applicable, or other identifying characteristics);
your name, address, telephone number, and email address, and, if you are not the owner of the copyright, the name of the owner; and
a written statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.