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This website or mobile application is one of several websites (the “Sites”) or mobile applications (the “Apps”) (collectively, the “Digital Services”) relating to and/or operated by Boogie Time LV, and any of their subsidiaries, affiliates and related companies (“Boogie Time LV,” “us,” or “we”). These Terms of Use ("Terms of Use") set forth the terms and conditions under which you are authorized to use our Digital Services. By using any of our Digital Services, you agree to these Terms of Use. If you do not agree to these Terms of Use, you should immediately cease all usage of our Digital Services.
In addition to being generally applicable to all aspects of the Digital Services provided by Boogie Time LV.
To the extent additional rules or guidelines govern your use of these Digital Services, those rules and guidelines (including our Privacy Policy ) are hereby incorporated by reference into these Terms of Use. Our Privacy Policy describes the information we collect when you and others use our Digital Services, as well as how we use the information, and some of the steps we take to protect your privacy. By agreeing to these Terms of Use, you are also consenting to our use of your information in accordance with our Privacy Policy. Some features of our Digital Services may require you to agree to other terms, for example our App will require consent to special terms of service if you wish to make a reservation. To the extent those additional terms are different than these Terms of Use, the additional terms will supersede these Terms of Use with regard to their subject matter.
Certain features of our Digital Services may require you to register by providing your name, e-mail address, and other information. For example, you may be required to register with us before making a reservation. If you wish to register on any of our Digital Services, you agree to provide accurate information about yourself as required by the applicable registration form, and you further agree that you will update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your use of our Digital Services if we discover, or if we have a reasonable basis to believe, that any of the data you have provided is inaccurate, or if you violate these Terms of Use. If you register on any of our Digital Services, you may not share your log-in details (e.g., username and password) with any other person or authorize any other person to log-in with your account. You are responsible for maintaining the confidentiality of your log-in details and you are fully responsible for all activities that occur under your account. You agree to notify us immediately of any known or suspected unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to protect the confidentiality of your log-in data.
You may not be able to finalize reservations on our Digital Services for Boogie Time LV services. The App will inform you whether you are able to complete a reservation online or whether your reservation is not final until you visit us in person. You agree that you will make all reservations in good faith only for your dog(s), and that you will not resell, advertise, assign, or otherwise market your reservation to third parties.
While we make our best effort to provide you with up-to-date data regarding space at Boogie Time LV (or other services), availability is subject to change at any time. We make no representations or warranties regarding availability of any services. In the event of a technical or clerical error in the published rate or availability of any service, we reserve the right to cancel your reservations and provide a refund for your purchase (including after your purchase is confirmed) and you agree that such refund will be our sole liability and your sole remedy.
Certain areas of the Digital Services and some payment processing functions, may be operated on behalf of Boogie Time LV by third parties, and our Digital Services may include links to third party sites or services which may be subject to the Terms of Use and/or Privacy Policies of those parties. Boogie Time LV is not responsible for any aspect of these third-party service providers or websites. Please review any terms and conditions that may apply if and when you visit any third party sites or use any third party services available through our Digital Services.
We reserve the right to modify or discontinue all or any portion of our Digital Services with or without notice to you. We will not be liable if we choose to exercise this right. You acknowledge and accept that we do not guarantee continuous, uninterrupted or secure access to our Digital Services, or that operation of our Digital Services will be uninterrupted or error free. You understand that usage of our Digital Services may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
As a condition of your right to use the Digital Services, you represent that you are of legal age to enter into a binding contract and that you are not a person barred from accessing the Digital Services under the laws of the United States or any other country.
TO THE FULLEST EXTENT PERMITTED BY LAW, BOOGIE TIME LV, ITS AFFILIATES, ITS RELATED ENTITIES, SERVICE PROVIDERS, ITS LICENSORS, AND ITS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS (COLLECTIVELY THE “BOOGIE TIME LV PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF OUR DIGITAL SERVICES IS AT YOUR SOLE RISK. OUR DIGITAL SERVICES AND ALL CONTENT, PRODUCTS AND SERVICES OFFERED THROUGH THEM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE BOOGIE TIME LV PARTIES ARE NOT RESPONSIBLE FOR THE TIMELINESS OF DELIVERY OF CONTENT, ANY FAILURES OF DELIVERY, ERRONEOUS DELETION OR FAILURE TO STORE ANY OF YOUR PERSONAL SETTINGS OR COMMUNICATIONS, OR ANY LOSS OR DAMAGE OF ANY KIND YOU CLAIM WAS INCURRED AS A RESULT OF THE USE OF OUR DIGITAL SERVICES. UNDER NO CIRCUMSTANCES, WILL ANY OF THE BOOGIE TIME LV PARTIES BE LIABLE TO YOU OR TO ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR ANY LOSS, INJURY, LIABILITY OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS TO, USE OF, INABILITY TO USE, OR RELIANCE ON ANY OF OUR DIGITAL SERVICES OR ANY CONTENT, PRODUCT OR SERVICE PROVIDED TO YOU THROUGH OR IN CONNECTION WITH ANY OF OUR DIGITAL SERVICES. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND WHATSOEVER, WHETHER DIRECT OR INDIRECT, GENERAL, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR OTHERWISE, INCLUDING WITHOUT LIMITATION, LOSS OF DATA, GOODWILL, REVENUE OR PROFITS. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER BASIS; EVEN IF ANY BOOGIE TIME LV PARTY HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES; AND WITHOUT REGARD TO THE SUCCESS OR EFFECTIVENESS OF OTHER REMEDIES. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, ILLEGAL OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE BOOGIE TIME LV PARTIES UNDER SUCH CIRCUMSTANCES TO YOU OR ANY PERSON OR ENTITY CLAIMING THROUGH YOU FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
You agree to indemnify and hold the Boogie Time LV Parties harmless from any claim or demand, including reasonable attorney's fees and costs, made by any third party due to or arising out of your posting of any content on a Digital Service, or other use of a Digital Services in a manner not permitted by Boogie Time LV, including without limitation your actual or alleged violation of these Terms of Use, or infringement of a third party’s intellectual property or other rights by you or another user of our Digital Services using your computer, mobile device or account.
All communications, feedback, questions, comments, suggestions, proposed features, and the like (collectively “Feedback”) will be considered non-confidential and non-proprietary with regard to you, but we reserve the right to treat any such Feedback as the confidential information of Boogie Time LV. By submitting Feedback to Boogie Time LV, you assign to Boogie Time LV, free of charge, a perpetual, irrevocable, worldwide license to create derivative works, distribute, reproduce, perform, display, and otherwise use, any intellectual property rights or proprietary information and ideas contained within any such Feedback, including without limitation the right to sublicense or assign any of the foregoing. We will be entitled to use any Feedback you submit to us, and any ideas, concepts, know-how or techniques contained in any such Feedback, for any purpose whatsoever, including but not limited to developing and marketing products and services using such Feedback without restriction and without notifying or compensating you in any way. Please do not send us any information or materials for which you do not wish to grant us such rights, including, without limitation, any confidential information or any original creative materials such as product ideas, written materials, photographs, original artwork, or computer code.
Any content, whether uploaded, posted, submitted, or otherwise made available on our Digital Services or to Boogie Time LV, including without limitation comments to blog posts, user content from social media, or any other content which does not originate with a Boogie Time LV (“User Content”), is the sole responsibility of the person who made such User Content available. Under no circumstances will any Boogie Time LV Party be liable in any way for any User Content made available through any of our Digital Services. We may not moderate all comments or other User Content, so we cannot and do not warrant and/or guarantee the truthfulness, integrity, suitability, or quality of any User Content.
You agree that you will not use any of our Digital Services to transmit or make available any content that:
You further agree not to use our Digital Services to:
If any User Content is your original work, then you own the copyright in that work. However, by uploading, posting, transmitting or otherwise making any User Content available on or through a Digital Service or social media, you are granting Boogie Time LV, and our related entities, an irrevocable, nonexclusive, royalty-free license to copy, modify, publish, distribute publicly, and prepare derivative works of such User Content in any medium or format without any obligation of notice, attribution or compensation to you.
All content, copyrights and other intellectual property rights in the content available on our Digital Services, including without limitation Digital Services design, text, graphics, interfaces, and the selection and arrangements thereof, are owned by Boogie Time LV, with all rights reserved, or in some cases may be licensed to Boogie Time LV by third parties. This content is protected by the intellectual property rights of Boogie Time LV or those owners. All trademarks displayed on the Digital Services are the trademarks of their respective owners, and constitute neither an endorsement nor a recommendation of such parties.
In the event that you find content posted on one of our Digital Services which you believe is an infringement of the copyright ownership or other intellectual property rights of you or any third party, please immediately contact our Copyright Agent as described below. To report any alleged infringement, you may contact us in writing by providing a signed statement containing the following information:
In accordance with the Digital Millennium Copyright Act (“DMCA”), it is the policy of Boogie Time LV to terminate use of our Digital Services by repeat infringers in appropriate circumstances.
If you access our Digital Services on mobile devices, or if you request that we send you text messages regarding availability of services or otherwise, you understand that your mobile carrier’s standard charges will apply. You will only receive text message alerts from our Digital Services if you request them or otherwise expressly agree to receive them. Standard/other text messaging rates apply, according to your individual rate plan provided by your wireless carrier, and we recommend that you review your wireless plan for details. Neither we nor the Franchisees will be responsible for any text messaging or other charges incurred by you or by a person that has access to your wireless device or telephone number as a result of any text messages you receive based on requests from your device or account.
Any dispute arising out of or relating in any way to your use of our Digital Services or any products, services, or information you receive through our Digital Services, shall be submitted to confidential, binding arbitration in Denver, Colorado, USA, pursuant to the American Arbitration Association’s Commercial Arbitration Rules, using one arbitrator. The arbitrator shall be mutually agreed upon by both parties, or if the parties cannot agree on a single arbitrator, they each will choose one arbitrator, and those two will together choose a third arbitrator, and a panel of three arbitrators will hear the matter. The arbitrator's award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. No arbitration under these Terms of Use may be joined with another arbitration related to the subject matter hereof. Notwithstanding the foregoing arbitration requirement, with regard to any actual or potential violation of our intellectual property rights, we may seek injunctive or other appropriate relief in the courts of Las Vegas, Nevada, USA, and you hereby consent to the exclusive jurisdiction of such courts and waive all objections thereto.
The laws of the state of Nevada and the United States govern these Terms of Use and any claims arising out of or relating to use of the Digital Services, without giving effect to any choice of law rules. We make no representation that our Digital Services are appropriate, legal or available for use outside of the United States and Canada. With the exception of any matters subject to arbitration as described above, the state and federal courts located in Las Vegas, Nevada will serve as the exclusive jurisdiction and venue for any actions brought, or claims made, arising out of your use of our Digital Services, and you hereby consent to such jurisdiction.
You assume all knowledge of applicable law and you are responsible for compliance with any such laws. You may not use the Digital Services in any way that violates applicable state, federal, or international laws, regulations or other government requirements.
We reserve the right, at any time, to modify, alter, or update these Terms of Use without prior notice. You are encouraged to check this page regularly for changes to the Terms of Use. Modifications will become effective immediately upon being posted to our Digital Services, without further notice to you. Your continued use of any of our Digital Services after such modifications are posted constitutes an acknowledgement and acceptance of such modifications, and you may not amend these Terms of Use.
If any provision of these Terms of Use is determined by a court of law to be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent, and the invalid provision will be modified as necessary to make it valid and enforceable while as closely as possible reflecting the original intentions of Boogie Time LV. You agree that these Terms of Use and any other agreements referenced herein may be assigned by Boogie Time LV, in our sole discretion, to a third party in the event of a merger or acquisition or otherwise. Except as otherwise expressly set forth herein, you agree and understand that these Terms of Use constitute the entire agreement between you and Boogie Time LV regarding your use of the Digital Services, and that any other prior agreements between you and Boogie Time LV are superseded by these Terms of Use. Any failure by Boogie Time LV to exercise its rights under these Terms of Use or to enforce the terms hereof will not constitute a waiver of those rights. 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 a Digital Service or relating to these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Your download of this App for use on an iOS device constitutes your acknowledgement and acceptance that:
Effective Date of these Terms of Use: August 2019.
