Terms of Service
These Terms of Service (“TOS”) set forth the terms and conditions
under which you are authorized to use Data Dawg, the point-of-sale 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 or 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 or 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.
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 employee 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
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.
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.
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:
- 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.
You further agree not to use Data Dawg 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;
- 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.
All copyrights, trademarks, patent, and other intellectual property rights in Data Dawg, including without limitation the design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by CBW, with all rights reserved. CBW retains all right, title and interest in and to Data Dawg, the underlying technology and code, the customer lists and information contained in Data Dawg, and any additions, improvements, updates, and modifications thereto. You acknowledge that you are not receiving any ownership interest in or to any of the foregoing, and no right or license is granted to you to use the same apart from your right to access it under these TOS.
For purposes of these TOS, “Confidential Information” means
all proprietary knowledge, data, trade secrets, know how, marketing methodologies,
operations manuals, methods of operations, design plans and requirements,
pricing information, copyrights, trademarks, patents and patent applications,
operational systems, information relating to CBW’s franchisees,
customers and vendors, methods of franchise sales, business information,
and all other information disclosed or made available through Data Dawg
that relates to the franchised business, or that is designated by CBW
as confidential whether disclosed or made available verbally or in writing.
You shall protect the Confidential Information with the degree of care
that you use to protect your own confidential information of like nature,
but in no case, less than reasonable care.
You agree that you will not, at any time: (1) disclose any Confidential Information to any third party; (2) permit any third party to examine and/or make copies of any reports, documents or electronic data containing any Confidential Information; or (3) use any of the Confidential Information for any reason other than for the purposes set forth in these TOS. If you are required to disclose Confidential Information pursuant to any statute, regulation, order, subpoena or document discovery request, you will furnish written notice of such disclosure to CBW as soon as practicable to afford CBW the opportunity to seek a protective order and you will reasonably cooperate in such efforts.
CBW 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, in CBW’s sole discretion.
Data and Information
Subject to these TOS, you may access, store, display and print the information
in Data Dawg (without modification) solely for the purpose of operating
the business (if you are a franchise owner) or performing your job (if
you are an employee) in the applicable Camp Bow Wow® franchised business.
Except as expressly provided in these TOS, you will not, and will not
permit any other User to: (i) alter, modify, reproduce, create derivative
works of the information; (ii) distribute, sell, resell, lend, lease,
license, sublicense or transfer the information, including, without limitation,
providing outsourcing, service bureau, commercial hosting, application
service provider or on-line services to third parties; or (iii) alter,
obscure or remove any copyright, trademark or any other notices that are
provided on or in connection with the information.
You will use commercially reasonable measures to ensure that the information you put into Data Dawg is reliable. You are solely responsible for the accuracy of all data, information and other content entered through your Account, including, without limitation, all personally identifiable information of customers. CBW will not be responsible or liable for any deletion, correction, destruction, damage, loss or failure to store or back-up any information. You warrant to CBW that you have all necessary right, title, interest and consent to enter the information into Data Dawg and to transfer such interest to CBW for any purposes whatsoever including, without limitation, the delivery of emails and other communications to customers.
You acknowledge that Data Dawg and all associated databases, software, hardware and other technology used by or on behalf of CBW to provide and operate Data Dawg (the “Technology”) and their structure, organization, and underlying data, information and source code constitute valuable trade secrets and Confidential Information of CBW. You will not, and will not permit any User or third party to: (1) access or use Data Dawg, in whole or in part, except as expressly provided in these TOS; (2) alter, modify, reproduce, create derivative works of the Data Dawg or the Technology; (3) distribute, sell, resell, lend, lease, license, sublicense or transfer any of your rights to access or use Data Dawg, including, without limitation, providing outsourcing, service bureau, hosting, application service provider or on-line services to third parties, or otherwise make Data Dawg, or access thereto, available to any third party; (4) reverse engineer, disassemble, decompile, or otherwise attempt to derive the source code or method of operation of or any trade secrets embodied in Data Dawg or the Technology (except to the extent the restriction of any of the foregoing is prohibited by applicable law); (5) attempt to circumvent or overcome any technological protection measures intended to restrict access to any portion of Data Dawg or the Technology; or (6) interfere in any manner with the operation or hosting of Data Dawg or the Technology, or attempt to gain unauthorized access to Data Dawg.
Fees and Payment
If you are a franchise owner, you agree to pay CBW or its designee the current subscription fees (“Fees”). You grant CBW the right to directly withdraw all payments of Fees due to CBW through electronic funds transfer from your bank account as further authorized in the Franchise Agreement, or exhibit thereto. Fees will be withdrawn in halves, twice monthly or such other period as required by CBW. Except as specified herein, all Fees will be deemed fully earned and non-refundable once paid to CBW. Until paid in full, all past due amounts will bear an additional charge of the lesser of one and one-half percent (1½%) per month or the maximum amount permitted under applicable law. CBW may change the Fees due annually, effective January 1st of each year or at any time CBW provides new services or functionality through the Account or Data Dawg, by posting the changes to the site or otherwise notifying you through Data Dawg or e-mail communication. All Fee changes will take effect on the first day of the month immediately following the month in which notice of the Fee change was communicated. If CBW requires use of collection agencies, attorneys or courts of law for collection on any Account, you will be responsible for those expenses.
Your Account and access to Data Dawg will immediately terminate without notice to you upon the termination or expiration without renewal of the franchise agreement applicable to the Camp Bow Wow® business which you own or in which you work, or upon notification to CBW that your employment with the franchise owner has ended. CBW may also terminate your Account upon your breach or reasonable suspicion of your breach of any section of these TOS or any other agreement between you and CBW. Without limiting CBW’s right to terminate your Account, CBW may also immediately suspend your access to Data Dawg, with or without notice to you, upon any actual, threatened or suspected breach of the TOS or any agreement between you and CBW, or any applicable law. Upon termination or expiration of your Account for any reason: (a) all rights and subscriptions granted to you under these TOS will terminate; (b) you will immediately cease all use of and access to Data Dawg; (c) all Fees then owed will become immediately due and payable; and (d) you will immediately return to CBW all Account IDs, Confidential Information, and all other information related to the business or Data Dawg in your possession or control.
To the extent you maintain, acquire, disclose, use, or have access to any
customer Personally Identifiable Information (“PII”), as defined
by state breach notification laws, you shall maintain reasonable security
procedures and practices appropriate to the nature of the PII, and protect
the PII from unauthorized access, destruction, use, modification, or disclosure.
You shall not store, sell, transmit, or use the PII for any illegal, unintended,
immoral, or any other unapproved purpose not expressly set forth herein.
You are further obligated to comply with all relevant and applicable state,
federal, and international data privacy standards (“Data Privacy
Standards”). You represent and warrant that so long as you maintain,
acquire, disclose, use, or have access to PII, you shall follow Data Privacy
Standards and you shall notify CBW in writing immediately if you are no
longer in compliance with the same.
If you suspect, discover, or are notified of a data security incident or potential breach of security and/or privacy relating to PII, you shall immediately, but in no event later than forty-eight (48) hours from suspicion, discovery, or notification, notify CBW of such incident or potential breach. You shall, upon CBW’s request, investigate such incident or potential breach, inform CBW of the results, and assist CBW in maintaining the confidentiality of such information. In addition, you shall provide CBW with any assistance necessary to comply with any state or federal law requiring the provision of notice of any privacy incident or security breach with respect to any PII to the affected or impacted individuals and/or organizations, in addition to any notification to applicable state and federal agencies.
You may not assign any of your rights under these TOS (in whole or in part and including by sale, merger or operation of law) without the prior written approval of CBW. Any assignment in violation of the foregoing will be null and void. You agree that these TOS and any other agreements referenced herein may be assigned by CBW, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise.
Governing Laws; Jurisdictions
The laws of the state of Colorado and the United States govern these TOS
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. 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.
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, 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 TOS without prior notice. You are encouraged to check this page regularly for changes to the TOS. Modifications will become effective immediately upon being posted to Data Dawg, without further notice to you. Your continued use of any of Data Dawg after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these TOS.
If any provision of these TOS 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 CBW. Except as otherwise expressly set forth herein, you agree and understand that these TOS constitute the entire agreement between you and CBW regarding your use of Data Dawg, and that any other prior agreements between you and CBW are superseded by these TOS. Any failure by CBW to exercise its rights under these TOS 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 TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
If you have any questions about these TOS, please contact us at support.cbwsoft.com
Effective Date of these TOS: November 6, 2017