TERMS OF USE
(September 19, 2017)
Acceptance of Terms of Use
These Terms of Use govern your use of the content and functions available through www.lostdogcafe.com domain name and other websites and applications on which these terms reside or are linked from (the “Website” or, collectively, the “Websites”), and the tablet, smartphone and other applications and platforms, including but not limited to the Lost Dog Café application platform, available through third party devices, (the “Application” or, collectively, the “Applications”), owned and/or operated by Lost Dog Café and its affiliates and franchisees (hereinafter “Lost Dog Café ”). If you do not agree to these Terms of Use, you should not use the Websites or Applications. These Terms of Use are an ongoing contract between you and Lost Dog Café and apply to your use of the Websites or Applications. These Terms of Use affect your rights and you should read them carefully.
Changes to Terms of Use
Lost Dog Café reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of the Terms of Use will supersede all previous versions. Your use of the Lost Dog Café Websites after changes are made means that you agree to be bound by such changes.
Privacy and Personal Information
Any information submitted on the Websites and Applications is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy for more information about our information collection and use practices, which applies to information you submit on the Websites and Applications.
Your Account
If you use the Websites or Applications, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. The Websites and Applications sell products to adults, who can purchase with a credit card. If you are under 18, you may use the Websites and Applications only with involvement of a parent or guardian. Lost Dog Café reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. Lost Dog Café will not be liable for your losses caused by any unauthorized use of your account, and you may be liable for the losses of Lost Dog Café or others due to such unauthorized use.
Websites, Applications, and Third-Party Content
These Terms of Use apply to all users of the Websites and Applications, including users who are also contributors of video content, information, and other materials or services on the Websites or Applications. The Websites and Applications may contain links to third party websites or applications, or may be made available through third party devices, that are not owned or controlled by Lost Dog Café. Lost Dog Café has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites, applications or devices. In addition, Lost Dog Café will not and cannot censor or edit the content of any third-party site, application or device. By using the Websites or Applications, you expressly relieve Lost Dog Café from any and all liability arising from your use of any third-party website, application or device. Accordingly, we encourage you to be aware when you leave the Websites or Applications and to read the terms and conditions and privacy policy of each other website, application and device that you visit.
Access
Lost Dog Café hereby grants you permission to use the Websites and Applications as set forth in this Terms of Use, provided that:
(i) your use of the Websites and Applications as permitted are solely for your personal, noncommercial use;
(ii) you will not copy or distribute any part of the Websites or Applications, including by not limited to graphics, images, text, digitally downloadable files, trademarks, logos, product names, or slogans, in any medium without Lost Dog Café’s prior written authorization;
(iii) you will not alter or modify any part of the Websites or Applications other than as may be reasonably necessary to use the Websites or Applications for their intended purpose; and
(iv) you will otherwise comply with the terms and conditions of these Terms of Use.
You agree not to use or launch any automated system, including but not limited to “robots,” “spiders,” “offline readers,” etc., that accesses the Websites or Applications in a manner that sends more request messages to the Lost Dog Café servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Lost Dog Café grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Lost Dog Café reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Websites or Applications, nor to use the communication systems provided by the Websites or Applications for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Websites or Applications with respect to their user submissions.
Intellectual Property Rights
The content on the Websites and Applications, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Lost Dog Café, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Websites and Applications is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Lost Dog Café reserves all rights not expressly granted in and to the Websites, Applications, and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Websites or Applications for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Websites and Applications or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Websites and Applications or the Content therein.
Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE LOST DOG CAFÉ WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOST DOG CAFÉ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. LOST DOG CAFÉ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS WEBSITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE LOST DOG CAFÉ WEBSITE. LOST DOG CAFÉ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE LOST DOGE CAFÉ WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOST DOG CAFÉ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. YOU AGREE THAT YOUR USE OF THE WEBSITES AND APPLICATIONS SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, LOST DOG CAFÉ, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITES, APPLICATIONS AND YOUR USE THEREOF. LOST DOG CAFÉ MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITES’ AND APPLICATIONS’ CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE WEBSITES OR APPLICATIONS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES AND APPLICATIONS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES AND APPLICATIONS BY ANY THIRD PARTY, AND/OR (V) 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 CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES AND APPLICATIONS. LOST DOG CAFÉ DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITES OR APPLICATIONS OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LOST DOG CAFÉ WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Limitation of Liability
IN NO EVENT SHALL LOST DOG CAFÉ, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITES OR APPLICATIONS; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITES OR APPLICATIONS; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITES OR APPLICATIONS BY ANY THIRD PARTY; AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITES OR APPLICATIONS, WHETHER BASED ON WARRANTY,CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. YOU SPECIFICALLY ACKNOWLEDGE THAT LOST DOG CAFÉ SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
Lost Dog Café makes no representations about the reliability of the features on this Website, the content, or any other Website feature, and disclaim all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Lost Dog Café makes no representations regarding the amount of time that any content will be preserved.
The Websites and Applications are controlled and offered by Lost Dog Café from its facilities in the Commonwealth of Virginia. Lost Dog Café makes no representations that the Websites and Applications are appropriate or available for use in other locations. Those who access or use the Websites and Applications from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Indemnity
You agree to defend, indemnify and hold harmless Lost Dog Café, its parent corporations, affiliates officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the Websites and Applications; (ii) your violation of any term of these Terms of Use; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Use and your use of the Websites and Applications.
Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as the Websites and Applications are not intended for children under 13. If you are under 13 years of age, then please do not use the Websites or Applications.
Assignment
These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Lost Dog Café’s without restriction.
Jurisdiction
The Terms of Use will be governed by and construed in accordance with the internal laws of the Commonwealth of Virginia without regard to conflicts of laws and principles. By using this Website, you hereby agree that any and all disputes regarding these Terms of Use will be subject to the courts located in Fairfax County, Virginia. These Terms of Use operate to the fullest extent permissible by law. If Lost Dog Café fails to act with respect to your breach or anyone else’s breach on any occasion, Lost Dog Café is not waiving its right to act with respect to future or similar breaches. If any provisions of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use constitute the entire agreement between you and Lost Dog Café regarding the use of the Websites and Applications.
Refund Policy
At Lost Dog Café, we have been making customers happy since 1985. We continue to strive to serve you delicious food prepared according to strict quality standards. If you are unsatisfied with your food, service or any aspect of your Lost Dog experience, please promptly contact a Lost Dog Café manager so that we can address and correct your concerns.
