Canino Inc. Terms and Conditions
These Terms and Conditions (“Terms”) govern your use of the Canino Inc. website (“Website”); by using this Website in any manner, including creating an account, logging in, reserving a spot, scheduling a Meet & Greet, or any other actions, you accept these Terms in full. If you disagree with any part of these Terms, you must not use this Website.
Certain products and services on this Website may have additional terms that apply; for example, if you enroll in our loyalty program, you will be subject to additional rules that will be presented at the time of enrollment. If these Terms are inconsistent with specific product or service terms, those other terms will control.
BY ACCESSING AND/OR USING THIS WEBSITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THIS AGREEMENT AND TO ABIDE BY ALL THE TERMS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.
THESE TERMS, TOGETHER WITH ANY OTHER PRODUCT OR SERVICE-SPECIFIC TERMS, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH CANINO INC., ITS SUBSIDIARIES, AND ANY OF ITS OWNED OR OPERATED LOCAL STORES (“CANINO”).
Privacy Notice
You can access our Privacy Notice at www.thecanino.com/privacy-notice.
Right to Use Website
Unless otherwise stated, Canino Inc. (“Canino”) and/or its subsidiaries own the rights to the Website and material on the Website.
You may view, download for caching purposes only, and print pages from the Website for your own personal use, subject to the restrictions set out below and elsewhere in these Terms.
You must not:
Republish material from this Website without appropriate credit.
Sell or rent material from the Website.
Show any material from the Website in public without Canino’s permission.
Reproduce, duplicate, copy, or otherwise exploit material on this Website for commercial purposes.
Edit or otherwise modify any material on the Website.
Redistribute material from this Website, except for content specifically and expressly made available for redistribution.Acceptable Use
You must not use this Website in any way that causes, or may cause, damage to the Website or impairment of the availability or accessibility of the Website; or in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
You must not use this Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction, and data harvesting) on or in relation to this Website.
You must not use this Website to transmit or send unsolicited commercial communications.
You must limit your use of the Website, services, or products offered through this Website for the purpose for which they were offered.
Restricted Access
Access to certain areas of this Website is restricted. Canino reserves the right to restrict access to certain areas of this Website, or indeed this entire Website, at Canino’s discretion.
If Canino provides you with a user ID and password to enable you to access restricted areas of this Website or other content or services, you must ensure that the user ID and password are kept confidential. You must not use the same password on this Website that you use on other websites.
Canino may disable your user ID and password at Canino’s sole discretion without notice or explanation.
User Content
In these Terms, “your user content” means material (including without limitation text, images, audio material, video material, and audio-visual material) that you submit to this Website or to Canino for whatever purpose.
You grant to Canino a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate, and distribute your user content in any existing or future media. You also grant to Canino the right to sub-license these rights and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Canino or a third party (in each case under any applicable law).
You must not submit any user content that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. You may not state or imply that your user content is in any way provided, sponsored, or endorsed by Canino. Because you alone are responsible for your user content (and not Canino), you may expose yourself to liability if, for example, your user content violates the Acceptable Use provisions stated above. Canino is not obligated to backup any user content, makes no representation that it will do so, and you agree that Canino may delete user content at any time.
Canino reserves the right to edit or remove any material submitted to this Website, or stored on Canino servers, or hosted or published upon this Website.
Digital Millennium Copyright Act (“DMCA”) Notice
If you believe any materials on the Website infringe a copyright or other intellectual property, you should provide us with written notice that at a minimum contains:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the protected work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.All DMCA notices should be sent to our designated agent as follows:
Legal Department
Canino Inc.
2806 21st Street
Astoria, NY 11102
It is our policy to terminate relationships regarding content with third parties who repeatedly infringe the copyrights of others.
Third Party Sites and Other Users
This Website may contain links to, or advertisements for, third-party websites, including social media sites. Such websites are not under the control of Canino. Canino is not responsible for such websites. If linked, Canino provides such links only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to the third-party websites. When you link to such a website, the applicable service provider’s terms and policies, including privacy and data gathering practices, govern your use and linkage to such websites. You should review their practices and make your own decision before proceeding with any transaction with such third-party websites.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, and any other companies under common control with us from claims, demands, any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other website users or third-party websites.
No Warranties
This Website is provided “as is” and “as available” without any representations or warranties, express or implied. Canino makes no representations or warranties in relation to this Website or the information and materials provided on this Website.
You expressly agree that your use of this Website and any information contained therein is at your sole risk.
Without prejudice to the generality of the foregoing paragraph, Canino does not warrant that:
This Website or the services or products offered on or through it will be constantly available, or available at all; or
The information on this Website is complete, true, accurate, uninterrupted, secure, error-free, or non-misleading.Nothing on this Website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial, or medical matter you should consult an appropriate professional.
Accordingly, to the extent permitted by applicable law, Canino EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Some jurisdictions do not allow the disclaimer of warranties, so such disclaimers may not apply to you.
Limitations of Liability
Canino will not be liable to you (under any theory of law) in relation to the contents of, or use of, or otherwise in connection with, this Website:
For any direct loss;
For any indirect, exemplary, incidental, special, punitive, or consequential loss; or
For any business losses, loss of revenue, income, profits, or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.These limitations of liability apply even if Canino has been expressly advised of the potential loss.
ACCESS TO, AND USE OF, THE SITE, PRODUCTS, AND THIRD-PARTY WEBSITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, CANINO’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH CANINO OR THESE TERMS OF USE (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TWENTY-FIVE U.S. DOLLARS ($25) OR (B) AMOUNTS YOU’VE PAID CANINO IN THE PRIOR SIX (6) MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN ONE (1) YEAR OR IT IS OTHERWISE WAIVED AND TIME-BARRED.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
Reasonableness
By using this Website, you agree that the exclusions and limitations of liability set out in this Website disclaimer are reasonable.
If you do not think they are reasonable, you must not use this Website.
Other Parties
You accept that, as a limited liability entity, Canino has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Canino’s officers or employees in respect of any losses you suffer in connection with the Website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this Website disclaimer will protect Canino’s officers, employees, agents, subsidiaries, successors, assigns, and sub-contractors as well as Canino.
Unenforceable Provisions
If any provision of this Website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this Website disclaimer.
Indemnity
You hereby indemnify and hold harmless Canino (including our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors, franchisees, and any other companies under common control with us) and undertake to keep Canino indemnified against any losses, damages, costs, liabilities, and expenses (including without limitation legal expenses and any amounts paid by Canino to a third party in settlement of a claim or dispute on the advice of Canino’s legal advisers) incurred or suffered by Canino arising out of (i) any breach by you of any provision of these Terms, or arising out of any claim that you have breached any provision of these Terms, (ii) your use of this Website or our services and products, and (iii) your User Content, or (iii) your violation of these Terms. Canino reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. Canino will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. You agree not to settle any matter without our prior written consent.
Breaches of These Terms
Without prejudice to Canino’s other rights under these Terms, if you breach these Terms in any way, Canino may take such action as Canino deems appropriate to deal with the breach, including suspending your access to the Website, prohibiting you from accessing the Website, blocking computers using your IP address from accessing the Website, contacting your internet service provider to request that they block your access to the Website and/or bringing court proceedings against you.
Variation
Canino may revise these Terms from time to time. Revised Terms will apply to the use of this Website from the date of the publication of the revised Terms on this Website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
Canino may transfer, sub-contract, or otherwise deal with Canino’s rights and/or obligations under these Terms without notifying you or obtaining your consent.
You may not transfer, sub-contract, or otherwise deal with your rights and/or obligations under these Terms.
Severability
If a provision of these Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and Canino in relation to your use of this Website, and supersede all previous agreements in respect of your use of this Website.
Law & Jurisdiction
These Terms will be governed by and construed in accordance with New York law, and any disputes relating to these Terms will be subject to the jurisdiction of the courts of New York, New York. Notwithstanding this, you agree that Canino shall still be allowed to apply for injunctive remedies in any jurisdiction.
Communications
When you use our Website, or send emails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.