Terms and Conditions
Last updated June 9, 2021
The focus of Cyber Scent Work, Inc., a California corporation (“CSW”, “we”, “us”, or “our”) is to promote more dog and handler teams to participate in the wonderful game of Scent Work, by providing certain Services (as defined below). However, we must ensure this is done both safely and that the main goal is to have FUN with our dogs! CSW owns and operates this website, and by accessing and using (a) this website or any other related domain or subdomain (individually and collectively, the “Website”), (b) any of the products and/or Services provided by CSW, (c) creating an account, and/or (d) submitting a video entry to register a dog, you (“you”, “your”, “handler” or “User”) are agreeing to the following Terms and Conditions (the “Terms and Conditions”), as may be amended from time to time.
We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. When we do this, we will post the revised Terms and Conditions on this page and will indicate the date of such revision. Your continued use of the Services and/or Website after the date of any such changes constitutes your acceptance of the new Terms and Conditions. To the extent allowed by law, the English version of these Terms and Conditions is binding, and other translations, if any, are for convenience only. If you do not wish to accept the new Terms of Conditions, you may discontinue your use of the Services and Website.
You may use the Website for lawful purposes only. Any use of the Website for a purpose that is in violation of any law or regulation or to facilitate the violation of any law or regulation, is strictly prohibited.
ACCESS AND USE OF THE SERVICES
CSW provides online testing, evaluation, review, training feedback, certificates, ribbons, and other similar and support services for dogs, handlers and you, as the applicable dog’s owner and/or handler in connection with Scent Work (individually and collectively, the “Services”).
In order to utilize certain Services, you are required to register a dog and create an account (“Account”) for the dog with CSW. If you choose to register a dog and create an Account for the Services, you agree to provide and maintain true, accurate, current, and complete information about you and the dog you in which you are registering. If you are registering a dog on behalf of another individual who is the owner of the dog, you must have written authorization that explicitly states you have the right to register the dog, and CSW may require that you provide the written authorization. You understand and agree that any misrepresentation or false information submitted by you may result in (a) the cancellation or suspension of your Account and/or the Services, with or without notice, (b) the cancellation of the registration of the dog in connection with the false or misrepresented information and Services, with or without notice, (c) the refusal of CSW to provide you any more of the Services in connection with the current Account and/or dog that you provided false or misleading information about, of (d) the refusal of CSW to allow you to create a new and subsequent Account, whether now or in the future and whether or not for the same or a different dog, and (e) any other action which may be available to CSW as a result of your submission of false or misrepresented information.
You acknowledge and agree that any submissions you may make to create an Account and/or register a dog may be refused, denied, edited, or removed by CSW in its sole discretion.
Certain aspects of our Services may also require you to register with, and agree to the terms of, third-party service providers (e.g., YouTube, payment processors), with whom CSW may or may not have entered into contracts, in order to be able to benefit from their services. If CSW or one of the third-party service providers at any time discovers that the information you provided about you or the purpose of your Account or obtaining the Services is incorrect or violates any of these Terms and Conditions or their terms of service, the Services and/or Account may be suspended or terminated.
The registration of a dog and the creation of an Account may require that you record your dog and Upload (as defined below) videos to YouTube or another third-party platform. You acknowledge and agree that at all times while recording your dog for, either directly or indirectly, registration of the dog, Uploading a video, creation of an Account, utilizing the Services, or otherwise in connection with the Services, an Account, or CSW, you will abide by or cause to be abided, the Rules and Regulations, and the rules and policies of such third-party platform (i.e., YouTube) and you will take any and all necessary steps to ensure the safety of the dog, yourself, any other individuals involved in any and all activities, related to, either directly or indirectly, to the recording of any video and/or the utilization of the Services, and all others, including, but not limited to, the general public and other animals.
Once videos are Uploaded and submitted, they will be assigned to a CSW review official, who will have 7 business days to review, score, and provide training commentary on said video. A CSW review official will provide training commentary on all Uploaded and submitted videos, whether or not the video submission earns a qualifying score, in accordance with the Rules and Regulations. In the event that a video submission does not receive a qualifying score, you may Upload and submit a new entry and video, and pay the associated entry fee to try again.
Requirements regarding Uploading videos, the earning of titles and issuing of title certificates and level title ribbons are outlined in the Rules and Regulations. You agree to keep your mailing address up to date in your Account to ensure all level title ribbons are mailed to the correct address.
No refunds will be issued, either for registering a dog or submitting a video entry.
ACCOUNT PASSWORD AND SECURITY
You are responsible for maintaining the confidentiality of your password and Account, if any, and are fully responsible for any and all activities that occur under your password or Account. You agree to (a) immediately notify CSW of any unauthorized use of your password or Account or any other breach of security, and (b) sign out from your Account at the end of each session when accessing your Account. CSW will not be liable for any loss or damage arising from your failure to comply with this Section.
MODIFICATIONS TO SERVICES
CSW reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof), Account, and/or the Website, at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
You are solely responsible for all descriptions, comments, videos, images, information, data, text, software, music, sound, photographs, graphics, messages, or other materials (the “Content”) that you upload, post, publish, display, transmit or otherwise use (collectively, “Upload”) via a third-party platform (e.g., YouTube), whether or not in connection with the creation of an Account, the registration of a dog, or the Services. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms and Conditions. We reserve the right to investigate anyone who, in our sole discretion, violates any of the terms of these Terms and Conditions. We further reserve, without limitation, the right to remove any offending Content from an Account, suspend or terminate the Account of such violators, and report you to law enforcement authorities or otherwise take appropriate legal action including seeking restitution on behalf of ourselves and others. Furthermore, you are solely responsible for adhering to and are subject to the rules, regulations, terms, conditions, and any other requirements of a third-party platform regarding the Content you Upload to said third-party platform.
INTELLECTUAL PROPERTY RIGHTS
Our Website and Services may contain open source and public domain content, licensed content as well as proprietary content owned by us and by independent content providers (“ICP’s”). All rights, title, and interest in and to the Website, the Services and their contents, are and will remain the exclusive property of CSW, our ICPs and/or licensors, including all intellectual property rights. You are not permitted to copy, share, sell or distribute any other content (including, but not limited to, text, images, trademarks, videos, and audio) on the Website or through the Services, without our or the owner’s prior written consent.
You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by CSW, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute, or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally Upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods. If you are blocked by CSW from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Website, the Services or distributed in connection therewith are the property of CSW, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by CSW.
The CSW name and logos are trademarks and service marks of CSW (collectively the “CSW Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners, who may or may not endorse or be affiliated with or connected to CSW. Nothing in these Terms and Conditions or the Website or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of CSW Trademarks displayed on the Website or Services, without our prior written permission in each instance. All goodwill generated from the use of CSW Trademarks will inure to our exclusive benefit.
THIRD-PARTY WEBSITES AND SERVICES
The Website and Services or third parties, including, but not limited to, any third-party platform utilized for Uploading Content, may provide or facilitate links, tools, widgets, or other features that allow you to access other sites, services and resources provided by third parties (collectively, “Third-Party Resources”). CSW has no control over such Third-Party Resources or any products, services or content made available through or by such Third-Party Resources, or the business practices of the third parties providing such Third-Party Resources, and CSW is not responsible for and does not endorse such Third-Party Resources or the products, services or content made available thereby. You acknowledge and agree that CSW is not responsible or liable for the content, functions, accuracy, legality, appropriateness, or any other aspect of such Third-Party Resources. You further acknowledge and agree that CSW will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods, or services available on or through any such Third-Party Resources or third-party platform utilized for Uploading Content in connection with the Services. Any dealings you have with third parties found while using the Website or Services, including, but not limited to, the third-party platform (e.g., YouTube) utilized for Uploading Content, such as video of your dog, are between you and the third party and may be subject to additional terms of the third party, which you agree to by using such Third-Party Resources, and you agree that CSW is not liable for any loss or claim that you may have against any such third-party.
CSW may provide third-party content (including advertisements), under no circumstances will CSW be liable in any way for any content or materials of any third parties or any User Content, including for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge and agree that CSW does not pre-screen content, but that CSW and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content that is available via the Website or Services at any time and for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs, or losses resulting therefrom.
USER CONTENT TRANSMITTED THROUGH THE SERVICES
We do not guarantee that any Services Content will be made available through the Services. We reserve the right to, but do not have any obligation to, remove, edit or modify any Services Content or User Content from Accounts, in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Services Content or User Content, or if we are concerned that you may have violated these Terms and Conditions), or for no reason at all and to remove or block any Services Content or User Content from the Website, an Account, or Services. Furthermore, you acknowledge and agree that CSW is in no way responsible for the actions, requirements, rules or policies of any third-party platform, such as YouTube, with respect to the User Content you may Upload in connection with the Services.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information about the Services (“Submissions”), provided by you to CSW are non-confidential and CSW will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that CSW may preserve content and may also disclose content if required to do so by law or in the good-faith belief that such preservation or disclosure is reasonably necessary to (w) comply with legal process, applicable laws or government requests; (x) enforce these Terms and Conditions; (y) respond to claims that any content violates the rights of third parties; or (z) protect the rights, property, or personal safety of CSW, its users or the public.
SOCIAL MEDIA SITES
INDEMNITY AND RELEASE
You hereby agree to release, indemnify on demand, and hold CSW and its affiliates and their officers, shareholders, directors, employees, and agents free, safe, and harmless from and against any and all losses, damages, expenses (including, without limitation to, reasonable attorneys’ fees), costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death), whether incurred before or after the entry of judgment, arising out of or relating to (a) your use of the Services or Website, (b) any User Content, or your connection to the Services, including, but not limited to, videos (c) your violation of these Terms and Conditions, or (d) your violation of any rights of another. You agree that CSW has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify CSW for the costs of its defense (including, but not limited to attorneys’ fees), whether incurred before or after the entry of judgment. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY TRAINING FEEDBACK, CERTIFICATES, AND RIBBONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CSW AND ITS AFFILIATES EXPRESSLY DISCLAIM AND EXCLUDE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL WARRANTIES, CONDITIONS AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
CSW AND ITS AFFILIATES MAKE NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CSW NOR ITS AFFILIATES WILL BE LIABLE FOR ANY (A) INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, (B) DAMAGES FOR LOSS OF PROFITS, (C) DAMAGES FOR LOSS OF GOODWILL, (D) DAMAGES FOR LOSS OF USE, (E) LOSS OR CORRUPTION OF DATA, OR (F) OTHER INTANGIBLE LOSSES (EVEN IF CSW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (V) ANY OTHER MATTER RELATING TO THE SERVICES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CSW’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES (INCLUDING CONTRACT, NEGLIGENCE, STATUTORY LIABILITY OR OTHERWISE) OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID CSW IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).
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 LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES OR WITH THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, YOUR ACCOUNT, AND THE SERVICES.
ARBITRATION CLAUSE & CLASS ACTION WAIVER – PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS
ARBITRATION; CLASS ACTION WAIVER
YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS, SHAREHOLDERs, EMPLOYEES OR AGENTS ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AN ACCOUNT, THE WEBSITE OR RIGHTS OF PRIVACY OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Notwithstanding the foregoing, nothing in these Terms and Conditions will be deemed to waive, preclude, or otherwise limit the right of either of us to (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable Federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law; or (d) file suit in a court of law to address an intellectual property infringement claim.
Any arbitration between you and us will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms and Conditions. The AAA Rules and filing forms are available online at www.adr.org by calling the AAA at 1-800-778-7879.
A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Our current address for Notice is: Cyber Scent Work, Inc., c/o Schneiders & Associates, LLP, Attn: Ted Schneider, Esq., 300 E. Esplanade Drive, Suite 1980, Oxnard, California 93036. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). We agree to work with you and make a good faith effort to resolve the claim directly, but if we are not successful within 60 days after the Notice of Arbitration is received, you or we may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing or as provided by law.
If you commence arbitration in accordance with these Terms and Conditions, we will reimburse you for your payment of the filing fee unless your claim is for more than $10,000 in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at an agreed upon location in Ventura County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a telephone hearing or (c) by an in-person hearing as established by the AAA Rules in the county of your billing address. If the arbitration finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in the Federal Rule of Civil Procedure 11(b), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse us for all monies previously disbursed by us that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
NO CLASS ACTIONS
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS TO THE FULLEST EXTENT LEGALLY PERMISSIBLE AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and we agree otherwise, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding.
MODIFICATIONS TO THIS ARBITRATION PROVISION.
If we make any future change to this arbitration provision, other than a change to our address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to our address for Notice of Arbitration, in which case your Account with us will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
If this Disputes section is found to be unenforceable, then the entirety of this Disputes section will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in the General section below will govern any action arising out of or related to these Terms and Conditions.
We each agree to keep the arbitration proceedings, all information exchanged between us, and any settlement offers confidential, unless otherwise required by law or requested by law enforcement or any court or governmental body. However, we may each disclose these matters, in confidence, to our respective accountants, auditors, and insurance providers.
These Terms and Conditions constitute the entire agreement between you and CSW and govern your use of the Website, an Account, and the Services, superseding any prior agreements between you and CSW with respect to the Website, Account, and/or Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third-party services, third-party content or third-party software. These Terms and Conditions will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and CSW agree to submit to the personal and exclusive jurisdiction of the Federal and state courts located within Ventura County, California. The failure of CSW to exercise or enforce any right or provision of these Terms and Conditions will not constitute a waiver of such right or provision. If any provision of these Terms and Conditions is found by a court of competent jurisdiction to be (or are otherwise) invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect. 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 the Website, an Account, the Services or these Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign these Terms and Conditions without the prior written consent of CSW, but CSW may assign or transfer these Terms and Conditions, in whole or in part, without restriction. If we fail to enforce any of our rights, that does not result in a waiver of that right. The section titles in these Terms and Conditions are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Website and/or Account may also provide notices to you of changes to these Terms and Conditions or other matters by displaying notices or links to notices generally on the Website of Account.
QUESTIONS REGARDING REVIEWS AND FEEDBACK
Users agree to contact Cyber Scent Work, Inc. directly at firstname.lastname@example.org with any questions they may have regarding the review or feedback they receive.