Acceptance Of Terms
This Agreement contains the terms and conditions that apply during your use of our website and our basic services. By accessing this website, or using any part of the website, or any content or services hereof, you agree to become bound by these Terms & Conditions. If you do not agree to all the Terms & Conditions, then you may discontinue your access this website, its content and/or any services of this website.
We will make periodic Amendments and/or Updates to this agreement from time to time without specific notice to the end-users. The Agreement as posted on our website reflects the latest version and you should carefully review it before using our website.
Use Of Our Website
The Duffy’s Bed and Biscuit website allows you to post comments online. However, you are prohibited to do the following acts, to wit: (a) use our website, including its services and or tools if you are not able to form legally binding contracts, or are temporarily or indefinitely suspended from using our website, services, or tools; (b) posting of items in an inappropriate category or area of our website; (c) collecting information about other users’ personal information; (d) post false, inaccurate, misleading, defamatory, or libelous content; (e) post advertisements or promotions not relating to this website.
This Agreement will remain in full force and effect while you use our website. You may terminate / opt-out of your membership at any time for any reason by following the instructions on the “TERMINATION OF ACCOUNT” in the setting page. We reserve the right to terminate your membership for any reason at any time.
Non-Commercial Use By Members
Members of our social networking websites are prohibited to use the services of the website in connection with any commercial endeavors or ventures. This includes providing links to other websites, whether deemed competitive to this website or not. Juridical persons or entities including but not limited to organizations, companies, and/or businesses may not become Members of Duffy’s Bed and Biscuit and should not use the website for any purpose. It is designed for our dog loving clients interested in dog training, dog boarding, dog daycare, and dog grooming.
Links & Framings
Illegal and/or unauthorized uses of the Services, including unauthorized framing of or linking to the websites will be investigated, and appropriate legal action may be taken. Some links, however, are welcome to the website and you are allowed to establish hyperlink to appropriate part within the website provided that: (i) you post your link only within the forum, chat or message board section; (ii) you do not remove or obscure any advertisements, copyright notices or other notices on the placed at the website; (iii) the link does not state or imply any sponsorship or endorsement of your website and (iv) you immediately stop providing any links to the website on written notice from us. However, you must check the copyright notice on the homepage to which you wish to link to make sure that one of our content providers does not have its own policies regarding direct links to their content on our website.
Service Pricing & Descriptions
The pricing displayed for services listed on our website may be updated from time to time and may not represent the actual full cost on a particular day. For certain services, there are variables such as length of stay, size of dog, frequency of visits, and/or holidays. We do not warrant that service descriptions, or other content, of this site is comprehensively described or completely error-free. If a service offered in our website is not as described, your sole remedy is cancel your reservation with us. Due to the nature of our business and services, it is necessary for a consultation to be scheduled in which we have the opportunity to ask questions to the client and meet their dog. For training services, customized plans are often arranged depending upon the level of training required.
Reservations are required for all services; however, we may be able to accommodate last-minute requests in the event of an emergency. Written cancellations must be made at least 14 days prior for a refund.
Duffy’s Bed and Biscuit, LLC has the sole discretion to provide the terms of payment. For Dog Owners using our services for the first time, we require meeting you and your dog for an initial consultation prior to booking services. Our repeat customers that already have their dog’s records in our files may simply contact us for their next booking without consultation. Scheduling of our Services must be verified before bookings are accepted to ensure that space and times are available. Until payment is received, there will be no spot held for your dog. Unless otherwise agreed, a deposit payment must first be received by Duffy’s Bed and Biscuit, LLC prior to the latter’s acceptance of an order. Payment for the services shall be made by cash, check, or credit card. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. A $30 fee will be charged for all returned checks plus any bank fees incurred. Some services may be invoiced separately. Duffy’s Bed and Biscuit, LLC has all the discretion to cancel or deny services as applicable. Duffy’s Bed and Biscuit, LLC is not responsible for pricing, typographical, or other errors in any offer by Duffy’s Bed and Biscuit, LLC and reserves the right to cancel bookings arising from such errors. Holiday Rates of a surcharge of $15.00 affect the flowing: Easter, Memorial Day, July 4th, Labor Day, Thanksgiving Day & the day after, Christmas Eve & Christmas Day, New Year’s Eve & New Year’s Day. Deposits to hold holiday reservations may be required, and are non-refundable up to $50.00. Invoices must be paid within 15 days of the invoice date. Duffy’s Bed and Biscuit, LLC reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.
It is expressly understood that the website visitor and/or Dog Owner retains the services of the Boarder as an Independent Contractor and not as an employee. The Boarder shall be responsible for his/her insurance and all statutory declarations and payments with regard to income tax where applicable. The Boarder undertakes to perform the agreed-upon services in an attentive, reliable and caring manner, and the Owner undertakes to provide all necessary information to assist in this performance.
In the event that a cancellation or refund is needed, please allow a minimum of 2 weeks written notice for cancellation prior to the scheduled Dog Boarding Service to avoid incurring penalties or damages. For Dog Daycare services only, cancellation can occur with a minimum of 72 hours (3 days) notice. Cancellation by the Dog Owner of scheduled boarding with less than 2 weeks’ notice, or less than 3 days for Day care, may be charged at the full rate or rescheduled at the discretion of the Boarder. Should any dog become sick or a danger to others, the Boarder may terminate this Contract with immediate effect. Any wrongful or misleading information provided by the Dog Owner can be grounds for Initial termination thereof. Termination under these circumstances shall not entitle the Owner to any refunds or relief of any outstanding payments due.
Warranty Disclaimer And Exclusions / Limitations Of Liability
We make no express or implied warranties or representations with respect to the Program or any products sold through the Program (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our website will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. We may change, restrict access to, suspend or discontinued the website or any part of it at anytime. The information, content and services on the website are provided on an “as is” basis. When you use the website and or participate therein, you understand and agree that you participate at your own risk.
YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE RESERVE THE RIGHT TO RESTRICT TO DISCONTINUE YOUR ACCESS TO THE WEBSITE OR ANY FEATURE THEREIN AT ANY TIME. DUFFY’S BED AND BISCUIT, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE, AND ANY WARRANTIES THAT MATERIALS ON THE WEBSITE ARE NON-INFRINGING; AS WELL AS WARRANTIES IMPLIED FROM A COURSE OF PERFORMANCE OR COURSE OF DEALING – THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE WEBSITE WILL BE SECURE, THAT THE WEBSITE OR SERVER THAT MAKES THE WEBSITE AVAILABLE WILL BE VIRUS-FREE, OR THAT INFORMATION ON THE WEBSITE WILL BE COMPLETE, ACCURATE, OR TIMELY. IF YOU DOWNLOAD ANY CONTENT FROM THIS WEBSITE YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA ON YOUR COMPUTER SYSTEM THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION.
Intellectual Property Rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the website, and that You will not acquire any right, title, or interest in or to the website except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers and forum members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Duffy’s Bed and Biscuit, LLC. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Non-Assignment Of Rights
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
Failure of the Duffy’s Bed and Biscuit, LLC to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
Severability of Terms
In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
This Agreement shall be governed by and construed in accordance with the substantive laws of Hummelstown, PA, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the website, the contents and materials provided by or through the website, and the subject matter of this Agreement.
Choice of Law; Jurisdiction; Forum
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Hummelstown, PA, to the exclusion of any other courts without giving effect to its conflict of laws or provisions or your actual state or country of residence.