THE LEGAL AGREEMENTS SET OUT BELOW ARE BETWEEN YOU AND Schafhund LLC. These Terms of Service (“Terms”) govern your use of Schafhund LLC.’s (“Schafhund”) website and mobile applications (collectively, the “Site”) and the Schafhund Services (“Services”). These Terms apply to all users of the Site and Services. By accessing or using the Site or Services, you agree to these Terms. TO AGREE TO THESE TERMS, CLICK "AGREE." IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK "AGREE,"
REQUIREMENTS FOR USE OF THE SITE OR SERVICE
In order to use the Site and Services, you must sign up for the Site and Services and provided your email address to Schafhund. Additionally, all children under 13 years old must have a signed parent or guardian Schafhund Child’s Privacy Disclosure on file in order to use the Site and/or Services. Other eligibility restrictions may apply and will be provided as applicable.
Only persons aged 13 years or older can create accounts. Accounts for persons under 13 years can be created by a parent or legal guardian. Children under the age of 18 should review this Agreement with their parent or legal guardian to ensure that the child and the parent or legal guardian understand it.
Use of the Service requires compatible devices, Internet access, and certain software (fees may apply); may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use and is required for video. The latest version of required software is recommended to access the Service and may be required for certain transactions or features and to download Schafhund Products previously purchased or acquired from the Service. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using such Services, you agree to the applicable Additional Terms.
Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. When you use the Site or Services, you shall not:
Schafhund will investigate and prosecute violations of any of the above to the fullest extent of the law. Schafhund may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Schafhund has no obligation to monitor your access to or use of the Site or Services or to review or edit any User Content (defined below), but has the right to do so for the purpose of operating the Site or Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. Schafhund reserves the right, at any time and without prior notice, to remove or disable access to any content on the Site that Schafhund, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Site or Services.
You own all content and information you post or send using the Site or Services (referred to as “User Content”). You give Schafhund permission to use your User Content as follows: you grant to Schafhund and its affiliates a license to use, copy, or display your User Content in connection with the Site or Services. We may display advertisements in connection with your User Content or on pages where your User Content may be viewed by you or others and we may use your User Content to advertise and promote Schafhund, the Site, or the Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. Our license to your User Content is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights anywhere in the world. Finally, our license is perpetual, meaning that our license lasts for an indefinite period of time.
You promise that:
We may refuse to accept or transmit any User Content. We may remove User Content from the Site or Services for any reason.
Other than User Content, we own or license the content on the Site and Services, including software, text, visual, and audio content (collectively, the “Content”) and Schafhund’s trademarks, logos, and brand elements (collectively, the “Marks”). The Content and Marks are protected under U.S. and international laws. We reserve all rights not expressly granted to you.
Copyright and Intellectual Property Policy
Except as otherwise expressly provided in these terms and conditions, you may not copy, distribute, transmit, display, perform, reproduce, publish, license, modify, rewrite, create derivative works from, transfer, or sell any material contained on the Site without the prior consent of the copyright owner. None of the material contained on the Site may be reverse-engineered, disassembled, decompiled, transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo-reproduction, recordation or otherwise), resold or redistributed without the prior written consent of SCHAFHUND. No copies may be distributed to others, whether or not for a charge or other consideration, without prior written permission from SCHAFHUND or the copyright owner of the copied material. Requests to reproduce materials on the Site for distribution or other purposes should be emailed to email@example.com
Notice of Copyright Infringement
We respect the intellectual property rights of others. Please notify us in writing, by e-mail or mail to our designated agent listed below, if you believe that a user of the Site or Services has infringed your intellectual property rights. We provide this policy pursuant to Section 512 of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act (“DMCA”).
To be effective the notification should include:
You acknowledge and agree that upon receipt and notice of a claim of infringement, we may immediately remove the identified materials from the Site and Services without liability.
Counter-Notice by Accused User
If we have taken down your materials due to suspicion of copyright infringement, you may dispute the alleged infringement by sending a written communication by e-mail or mail to our designated agent below. That written communication should include the following:
Please send all notices under the above copyright infringement policies by e-mail to the following individual, designated as Schafhund’s agent for receipt of notifications of claimed infringement:
firstname.lastname@example.org Please do not send notices or inquiries about anything other than alleged copyright infringement to our Agent for
Your account will be terminated if, in our discretion, you are determined to be a repeat infringer. Repeat infringers are users who have been the subject of more than one valid takedown request that has not been successfully rebutted.
Third Party Content and Interactions
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Schafhund, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that Schafhund is not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that Schafhund is under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release Schafhund and its affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. If you are a California resident, you waive California Civil Code Section 1542, which provides: 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.
Changes to the Site or Services
Schafhund enhances and updates the Site and Services often. We may change or discontinue the Site or any Services, with or without notice to you.
We reserve the right not to provide the Site or Services to any user. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.
Disclaimer and Limitations on Our Liability
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE IN THIS AGREEMENT, SCHAFHUND PROVIDES SITE AND SERVICES, THE PRODUCT, INCLUDING THE DATA GENERATED BY THE PRODUCT, ON AN “AS IS, AS AVAILABLE AND WITH ALL FAULTS” BASIS, AND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SCHAFHUND AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (REFERRED TO COLLECTIVELY AS “AFFILIATES”) DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIEDAND CONDITIONS REGARDING THE PRODUCT, SUCH DATA, OR THE USE OR PERFORMANCE OF ANY OF THE FOREGOING. SCHAFHUND DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS OF TITLE, MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT AND ANY AND ALL OTHER WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, EXCEPT AS PROVIDED HEREIN. SCHAFHUND AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE AVAILABILITY OF ANY NETWORKS OR COMMUNICATIONS LINES OR FUNCTIONING OF ANY MOBILE PHONE OR DEVICE NECESSARY FOR THE SITE OR SERVICES, THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES). SCHAFHUND AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR ALERTS; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM ACCESS TO, INABILITY TO ACCESS, USE OF, OR INABILITY TO USE THE SITE OR SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (d) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE ANY FUNCTIONALITY OR CONTENT POSTED, E-MAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES; (e) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; OR (f) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES. SCHAFHUND DOES NOT REPRESENT THAT THE SITE AND SERVICES MAY NOT BE COMPROMISED OR CIRCUMVENTED; THAT THE SITE AND SERVICES WILL PREVENT ANY PERSONAL INJURY OR DEATH; OR THAT THE SITE AND SERVICES WILL IN ALL CASES PROVIDE ADEQUATE WARNING OR PROTECTION. SCHAFHUND’S LIABILITY TO YOU FOR DAMAGES FROM ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT (EVEN IF A FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, WILL BE LIMITED TO THE TOTAL FEES PAID BY YOU FOR THE PARTICULAR PRODUCT INVOLVED. No agent or representative has the authority to create any warranty regarding the Site on behalf of SCHAFHUND. SCHAFHUND reserves the right to change or discontinue at any time any aspect or feature of the Site. Because some states do not permit the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SCHAFHUND OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SCHAFHUND NOR ITS AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE SITE OR SERVICES OR THESE TERMS.
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent Schafhund may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of Schafhund’s liability will be the minimum permitted under such law.
You agree to indemnify, defend, and hold Schafhund and its subsidiaries, affiliates, officers, employees, suppliers, cell phone carriers, including but not limited to, AT&T, Verizon, Sprint, Nextel, T-Mobile®, Boost, Alltel, Cellular One, Dobson, Virgin Mobile USA and agents harmless from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees of any kind (including reasonable attorneys’ fees and legal costs), arising from or relating to: (a) any information (including your User Content or any other content) that you or anyone using your account submit, post, or transmit on or through the Site or Services; (b) the use of the Site or Services by you or anyone using your account; (c) the violation of these Terms by you or anyone using your account; or (d) the violation of any rights of any third party, including intellectual property, privacy, publicity, or other proprietary rights by you or anyone using your account. Schafhund reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. If we do assume the defense of such a matter, you will reasonably cooperate with Schafhund in such defense.
By accessing or using the Site or Services, you agree: (i) that any and all disputes you may have with, or claims you may have against Schafhund or its Affiliates relating to, arising out of or connected in any way with (a) the Site or Services, (b) these Terms, or (c) the determination of the scope or applicability of this agreement to arbitrate (a “Claim”), will be resolved exclusively by final and binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator’s decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it will not be disclosed beyond the arbitration proceedings, except as may be required by applicable law.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Schafhund will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Schafhund may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Schafhund’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Schafhund WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION. If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section will continue in full force and effect. This Section of these Terms will survive the termination of your relationship with Schafhund.
Schafhund controls and operates the Site and Services from its headquarters in the United States and makes no representation that the Site and Services are appropriate or available for use in other locations. You are responsible for compliance with applicable local laws including but not limited to the export and import regulations of other countries. You acknowledge and agree that the data and any other materials made available from the Product may be subject to U.S. and foreign Export Administration Laws and Regulations.
Schafhund, iCU, iCU Report-it are trademarks of Schafhund, LLC and are protected by the trademark laws of the United States, individual States within the United States, and other countries, international conventions, and other applicable laws. Other trademarks may appear on the Site with permission from their respective owners. Any unauthorized use of trademarks appearing on the Site may constitute trademark infringement, which could subject the user to substantial civil penalties.
Under no circumstances will Schafhund be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond its reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or any Services will be filed only in the state or federal courts located in Santa Clara County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity or enforceability of any remaining provisions.
The failure of Schafhund to enforce any right or provision of these Terms will not prevent Schafhund from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, a sale of assets, or by operation of law.
Changes to these Terms
We may change these Terms from time to time. If we change these Terms, we will inform you by posting the revised Terms on the Site. Those changes will go into effect on the “Revised” date shown in the revised Terms. By continuing to access or use the Site or Services, you agree to the revised Terms.
Effective Date: April 27, 2016
SCHAFHUND, VULNERABILITY PROFESSIONALS l ALL RIGHTS RESERVED 2016