Terms of Service

Last Updated: June 16, 2025

Diamond’s Friends Pet Rescue, Inc (hereafter referred to as "The DAWG Blog", "we", "us", or "our") maintains The DAWG Blog/thedawgblog.com (the "Site"). By accessing or using the Site, you agree to comply with and be legally bound by the following terms of use ("Terms”). You also agree to comply with all applicable laws and regulations and you warrant and represent you are legally entitled to do so and are abiding by all applicable laws and regulations in the jurisdiction in which you reside. These Terms govern your access to and use of the Site and all Content (defined below), and constitute a binding legal agreement between you and Diamond’s Friends Pet Rescue, Inc. Please review the following terms carefully. If you do not agree to these Terms, you do not have the right to obtain information from or use the Site. Failure to use the Site in accordance with the following terms of use may subject you to civil and criminal penalties.

When using certain features of the Site, you will be subject to the guidelines, terms, and agreements applicable to such features ("Policies"). All Policies are incorporated by reference into these Terms. If these Terms are inconsistent with any Policy, the Terms will control.

We reserve the right to modify the Site, these Terms, and Policies at any time effective immediately upon posting modifications. You are responsible for regularly reviewing these Terms to be aware of modifications. By using the Site, you agree that the posting of new or revised Terms or Policies on the Site will constitute adequate and constructive notice to you of any and all revisions and changes. Continued access or use of the Site after any changes shall constitute your acceptance of any and all modifications.

Please be sure to read these Terms carefully so you have a complete understanding of how they apply to you.

1. Definitions

• "CONTENT" – any text, graphics, images, music, software, audio, video, information, documents, links, products, compilations, data or other materials included on the Site.

• "SERVICES" – Any services listed, suggested, recommended, or otherwise on the Site.

• "PRODUCTS" – Any physical items or products listed, suggested, recommended, or otherwise on the Site.

• "DOG OWNER” – Someone who owns or is considering owning a dog.

• "THIRD PARTY PROVIDERS" – The DAWG Blog’s third party agents, contractors, distributors, merchants or sponsors.

• “USER” – Anyone who utilizes the Site.

• "YOUR INFORMATION" - any information and materials you provide to The Dawg Blog or other User in connection with your registration and use of the Site.

2. Purpose of the Site

The DAWG Blog is an online platform where Dog Owners can access information related to adopting a dog or general pet ownership.

3. General

By using the Site, you acknowledge that The DAWG Blog does not provide make representations or warranties about the quality of any Content on the Site .

Though we provide general guidance on our Site, The DAWG Blog will not be responsible or liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death resulting from the use of the Site or information on it. All Users are solely responsible for making decisions that are in the best interests of themselves and their pets.

By registering for, accessing, and using The DAWG Blog Site, you warrant that you (1) Are 18 years of age or older, and (2) will comply with all ordinances and laws applicable to your actions through the Site.

 

4. Donations

 

We do provide opportunities to donate to Diamond’s Friends Pet Rescue, a 501c3 nonprofit dog rescue, through the Site. As the Site is an extension of our educational effort as a rescue, donations enable us to continue our educational work and help rescue dogs in need.

5. Information on the Site

The DAWG Blog attempts to maintain the integrity and accuracy of the information on the Site but makes no guarantees as to its correctness, completeness, or accuracy. The Site may contain typographical errors, inaccuracies, or other errors or omissions. Unauthorized additions, deletions, or alterations could be made to the Site by third parties without our knowledge or consent. If you believe that information found on the Site is inaccurate or unauthorized, please inform us by contacting us here.

 

6. Mobile Services

If you access the Site through a mobile device, your wireless service carrier's standard charges, data rates and other fees may apply. Downloading, installing or using certain services associated with the Site on your mobile device may be prohibited or restricted by your carrier. The Site may not work with all carriers or devices. By using the Site on your mobile device or otherwise registering with the Site, you agree that we may communicate with you regarding Diamond’s Friends Pet Rescue, The DAWG Blog and other entities by SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Site on your mobile device may be communicated to us.

7. Third Party Content and Services

The DAWG Blog may contain links or references to websites controlled by parties other than The DAWG Blog and in using the Site, you may be exposed to content and information from other users or third parties (“Third-Party Content”), at our Site or through links to third-party websites. The DAWG Blog is not responsible for and does not endorse or accept any responsibility for the contents or use of these third party websites. The DAWG Blog is providing these links to you only as a convenience, and the inclusion of any link does not imply or otherwise constitute endorsement by The DAWG Blog of the linked website and/or the content and materials found at the linked website, except as specifically stated otherwise by The DAWG Blog.

You may have the option of purchasing products or services from third parties, which we may facilitate either through Site or through links to third-party websites (“Third-Party Services”). We do not control, and shall have absolutely no responsibility for, Third-Party Content or Third-Party Services. You must evaluate the veracity of, and bear all risks associated with your exposure to, Third- Party Content, and use of Third-Party Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. It is your responsibility to take precautions to ensure that whatever you select for your use is free of viruses or other items of an intrusive nature.

If you follow a link or otherwise navigate away from the Site, these Terms will no longer apply. Be sure to review the terms and policies, including privacy and data gathering practices, of any provider of Third- Party Content or Third-Party Services. These Terms only apply to services that are obtained through interactions on the Site.

8. Intellectual Property Rights

All materials provided on the Site with the exception of Third-Party Content are protected by international copyright and trademark laws. The owner of the copyrights and trademarks, rights, names, logos, titles, interests, all intellectual property rights and service marks are The DAWG Blog, its affiliates, respective third party authors, developers or vendors ("Third Party Providers"). Except for the rights expressly granted in these Terms, no other rights are granted to you regardless of whether they are expressed or implied. Except as stated herein, none of the materials may be modified, copied, printed, reproduced, distributed, republished, performed, downloaded, displayed, posted, transmitted and/or otherwise used in any form or by any means whatsoever without the prior explicit written permission of The DAWG Blog and/or a Third Party Provider. Under no circumstances may you mirror, archive, sell, rent, license, copy, transmit, modify, reproduce, distribute, publicly display, publish, publicly perform, edit, adapt or create derivative works from the Site or the materials on the Site. You may not display any portion of our Site in a frame or any content from our Site through in-line links without our explicit written consent. However, you may establish ordinary links to our Site without our written permission and you may use embedded HTML widgets if we have provided the HTML code. We reserve the right to terminate your ability to link to our Site or use our HTML widgets at any time for any reason or no reason at all.

9. Feedback

Any content or materials, including but not limited to comments, suggestions, feedback, identifying potential errors, or suggesting improvements, provided by you in any written or verbal form to The DAWG Blog (collectively “Feedback”) (excluding material that you post on or transmit through the Site in accordance with these Terms), are non-confidential. You grant The DAWG Blog, its subsidiaries, and its affiliates a nonexclusive, worldwide, royalty-free, perpetual, irrevocable, and sublicensable right to use your Feedback for any purpose without compensation or attribution to you.

10. Copyright Infringement

We respect the intellectual property rights of others and require all Site Users do the same. Owners of copyrights or their agents that believe anything posted on this Site infringes upon said copyrights will submit a notice including the following information to The DAWG Blog:

1. A description of the copyrighted work that you claim has been infringed, including the specific location on the Site where the material you claim is infringed is located
2. A description of the location where the original or an authorized copy of the copyrighted work exists
3. Your contact information including your telephone number, address, and e-mail address
4. A statement by you that you believe that the disputed use is not authorized
5. A statement by you, made under penalty of perjury, that the information in your notice is accurate, and that you are the copyright owner or are authorized to act on the copyright owner's behalf
6. Either an electronic or physical signature of the owner of the copyright or the person authorized to act on behalf of the owner of the copyright interest.

Please submit your notice here  or via registered, United States mail:
Diamond’s Friends Pet Rescue
P.O. Box 673
Newport Beach, CA 92661

11. Modifying of Services

We may at any time, with or without prior notice, in our discretion and without liability to you modify or discontinue any and/or all portions of our Site.

12. No Agency

No agency, independent contractor, partnership, employer-employee, joint venture, or franchiser-franchisee relationship is intended or created by these Terms. Except as expressly set forth herein, The DAWG Blog is not acting as an agent for any User or visitor of the Site.

13. Limitation of Liability

AS A SITE USER, YOU AGREE NOT TO HOLD THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUE INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR THIRD PARTY PROVIDERS LIABLE FOR ANY SUITS, CLAIMS, DAMAGE, AND/OR CONTROVERSIES (COLLECTIVELY, "LIABILITIES") THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO ANY LIABILITIES ARISING IN CONNECTION WITH:

A. DISPUTES WITH ANY USER OF THE SITE
B. INSTRUCTIONS, ADVICE, SERVICE OR ACT PROVIDED BY THE DAWG BLOG OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR THIRD PARTY PROVIDERS
C. THE USE OR INABILITY TO USE THE SITE
D. PRODUCTS OR SERVICES MENTIONED ON THE SITE
E. INJURIES OR HARM SUFFERED BY YOU OR ANY THIRD PARTY EITHER RELATED OR UNRELATED TO YOU INCLUDING BUT NOT LIMITED TO MINORS
F. INJURIES OR HARM SUFFERED BY ANY PETS
G. DAMAGE OR HARM TO REAL OR PERSONAL PROPERTY
H. OTHER CONDUCT, OMISSION OR ACT OF ANY OTHER PARTY, INCLUDING WITHOUT LIMITATION STALKING, ANY FORM OF HARASSMENT, OR ACTS OF PHYSICAL VIOLENCE
I. YOUR OR ANYONE ELSE’S CONDUCT OR ACTS IN CONNECTION WITH THE USE OF THE SITE ONLINE OR OFFLINE

YOU AGREE THAT ANY LEGAL REMEDY OR LIABILITY YOU SEEK FOR ACTIONS, OMISSIONS, SERVICES, COMMUNICATIONS, ACTS, OR BEHAVIORS OF OTHER USERS WILL BE LIMITED TO A CLAIM AGAINST THE PARTICULAR USER OR USERS OR THIRD PARTY (INCLUDING A PROVIDER OF THIRD-PARTY SERVICES) WHO CAUSED YOU, YOUR PET, OR ANY THIRD PARTY, HARM. UNDER NO CIRCUMSTANCES WILL THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUE INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AGENTS, AFFILIATES, OR THIRD PARTY PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM YOUR USE OR INABILITY TO USE THIS SITE. THE LIMITATION OF LIABILITY SHALL APPLY IN ANY ACTION, WHETHER IN TORT, CONTRACT OR ANY CLAIM, EVEN IF AN AUTHORIZED REPRESENTATIVE OF THE DAWG BLOG HAS BEEN ADVISED OF OR SHOULD HAVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. BY USING THIS SITE, YOU ACKNOWLEDGE THIS PARAGRAPH APPLIES TO ALL CONTENT, SERVICES AND GOODS ADVERTISED THROUGH THE SITE EXCEPT WHERE THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS PROHIBITED BY LAW. CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUE INC, ITS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES OR THIRD PARTY PROVIDERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100.00).

If you are a California resident, you, on behalf of yourself and/or your child/children/ward and your/their representatives, assigns, heirs, and successors waive California Civil Code Section 1542, which states: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” This release is valid and effective whether loss, damage or death is a result of ANY ACT OR OMMISSION on the part of The DAWG blog, Diamond’s Friends Pet Rescue Inc, its officers, directors, employees, contractors, agents, affiliates, or any third party providers or from any other cause. This waiver and release of all liability includes, without limitation, any injuries, illness, or accidents, which may occur as a result of any Services or the Site. By using the Site, you understand that YOU VOLUNTARILY WAIVE YOUR RIGHT TO SUE THE ABOVE MENTIONED PARTIES.

THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUES ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS ARE NOT LIABLE FOR ANY FAILURE OR DELAY IN PERFORMING UNDER THESE TERMS DUE TO CAUSES BEYOND OUR REASONABLE CONTROL.

You agree the limitations in this section will apply even if limited remedy specified in these Terms is found to have failed of its essential purpose.

14. Warranties

THE SITE, CONTENT, AND SERVICES PROVIDED ON THE SITE ARE PROVIDED "AS IS", AND ARE FOR USE AS CONTRACTED HEREIN. EXCEPT FOR THE EXPRESS WARRANTIES SET FORTH HEREIN, THE DAWG BLOG AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, AGENTS, AS WELL AS ITS THIRD PARTY PROVIDERS, HEREBY DISCLAIM ALL EXPRESS OR IMPLIED REPRESENTATIONS, GUARANTIES, WARRANTIES, AND CONDITIONS WITH REGARD TO THE SITE, THE CONTENT, THE SERVICE PROVIDERS, THE SERVICES, AND THE GOODS AND SERVICES ASSOCIATED THEREWITH INCLUDING BUT NOT LIMITED TO ANY IMPLIED GUARANTIES, WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND QUALITY OF GOODS AND SERVICES EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. THE DAWG BLOG AND ITS THIRD PARTY PROVIDERS MAKE NO REPRESENTATIONS, WARRANTIES OR GUARANTEES REGARDING THE AVAILABILITY, TIMELINESS, RELIABILITY, SUITABILITY, QUALITY, ACCURACY, TRUTH OR COMPLETENESS OF THE SITE OR CONTENT ASSOCIATED WITH THE SITE, OR THE RESULTS YOU MAY OBTAIN BY ACCESSING OR USING THE SITE AND/OR THE CONTENT ASSOCIATED THEREWITH. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE DAWG BLOG AND ITS THIRD PARTY PROVIDERS DO NOT REPRESENT OR WARRANT THAT:

A. THE OPERATION OR USE OF THE SITE WILL BE SECURE, UNINTERRUPTED, TIMELY, OR ERROR-FREE
B. THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL YOU SECURE, PURCHASE OR OTHERWISE OBTAIN THROUGH THE SITE WILL MEET YOURS OR ANYONE ELSE”S REQUIREMENTS OR EXPECTATIONS
C. ANY SOFTWARE OFFERED VIA THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS
D. ANY INFORMATION THAT YOU MAY OBTAIN THROUGH THE SITE WILL BE ACCURATE OR RELIABLE
E. ERRORS IN SOFTWARE OR DATA WILL BE CORRECTED

YOU ACKNOWLEDGE THAT NEITHER THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUE INC, NOR ITS THIRD PARTY PROVIDERS CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SITE AND/OR CONTENT ASSOCIATED THEREWITH MAY BE SUBJECT TO DELAYS, LIMITATIONS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. THE DAWG BLOG IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS. THE DAWG BLOG DISCLAIMS ANY WARRANTY RELATED TO THE QUALITY OF CONTENT, SERVICES AND PRODUCTS REFERENCED ON THE SITE. YOU USE CONTENT, SERVICE OR PRODUCTS AT YOUR PERIL AND ASSUME ALL RELATED RISKS. THE DAWG BLOG EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY OMISSION OR ACT OF ANY CONTENT, SERVICE, PRODUCT, OR OTHER THIRD PARTY.

YOU ACKNOWLEDGE AND AGREE THAT THE DAWG BLOG DOES NOT CHECK ANY SERVICE PROVIDER OR PRODUCT RECORDS. IT IS YOUR RESPONSIBILITY TO USE COMMON SENSE, BE AWARE, AND BE SAFE. ALL CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE DAWG BLOG, DIAMOND’S FRIENDS PET RESCUE INC, ITS OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES AND THIRD PARTY PROVIDERS EXPRESSLY DISCLAIM, AND YOU WAIVE, ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

IF YOU TRANSMIT OR ACCESS ANY CONTENT OR INFORMATION THROUGH THE USE OF THE SITE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE ARISING OUT OF SUCH TRANSMISSION OR ACCESS.

NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM THE DAWG BLOG OR ITS THIRD PARTY PROVIDERS OR THROUGH OR FROM THE SERVICES INCLUDING ANY STATEMENT ON OUR WEBSITE OR IN ANY MARKETING MATERIALS WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

14. Indemnification

You shall indemnify, defend and hold harmless The DAWG Blog, Diamond’s Friends Pet Rescue Inc its, directors, officers, employees, contractors, agents, affiliates, and Third Party Providers (collectively, the "Indemnified Parties") against any and all claims, damages, costs, liabilities, losses and expenses (including attorneys' costs and fees) incurred by Indemnified Parties in connection with a claim by a third party related to you or your use of the Site or Content or Services or Products. The Indemnified Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any claim or matter without the written consent of the relevant Indemnified Parties. The DAWG Blog, Diamond’s Friends Pet Rescue Inc, and its affiliates, directors, officers, employees, contractors, agents, and Third Party You shall indemnify and hold us (and each of our affiliates, officers, directors, shareholders, contractors, and employees) harmless from any third-party claim, demand, action, damage, loss, cost or expense, including without limitation reasonable attorneys’ fees, arising out or relating to:

A. Use of the Site and/or the Information and/or Content and/or Services and/or Products associated with the Site other than in accordance with these Terms
B. The combination of the Site and/or Content and/or Information and/or Services and/or Products associated with the Site with any other products, services, or materials
C. Any third party services, materials, or products
D. Any content you submit to us
E. Facts or circumstances that, if true, could constitute your breach of any of these Terms and/or any applicable laws
F. The acts of your pets.

We will control any such defense and related settlement and you will reasonably assist us therewith at your expense. Without limiting the foregoing provisions, you agree to indemnify, hold harmless and defend The DAWG Blog from any and all claims.

15. Violation of Terms/Liquidated Damages

You agree that as a community based on reputation and trust, damages would be difficult to quantify for certain misuses of the Site. If it becomes necessary for The DAWG Blog to pursue arbitration to enforce these Terms, you will be liable to pay The DAWG Blog the following amounts as liquidated damages, which you accept as reasonable estimates of The DAWG Blog’s damages for the specified breaches of these Terms:

1. If you post content that violates these Terms, or any content you post after The DAWG Blog has limited or terminated your use of the Services, you agree to pay The DAWG Blog $1000 for each such violation.
2. If you use the Site to send unsolicited email advertisements, you agree to pay The DAWG Blog $1000 for each such email.
3. If you (a) extract information from the Site, or any of the Site’s content, or (b) reproduce or otherwise misappropriate the Site’s content, by reproducing information on a competitive or a mirrored site, you agree to pay The DAWG Blog $10,000 per instance per day for any such occurrence. NOTE: This provision does not apply to: (1) use of the Site by users for their own personal (non-commercial) purposes, (2) crawling of the site by search engines who do so in accordance with robots.txt or other similar restrictions, (3) access to the content of the Site or profile information through a The DAWG Blog authorized API or HTML widget.

 

Otherwise, you agree to pay The DAWG Blog’s actual damages, to the extent such actual damages can be realistically calculated.

16. Legal Disputes and Waiver of Trial by Jury

You agree that any claim or dispute at law or equity that has arisen or may arise between us relating in any way to or arising out of this or previous versions of the Terms, your use of or access to the Sites, Services, applications, tools, products or services sold or purchased through the Site, Services, Products, applications, or tools will be resolved in accordance with the provisions set forth in this Legal Disputes Section (the “Agreement to Arbitrate”).

You agree that the these Terms will be interpreted in accordance with the laws of the State of California, without regard to its conflict-of-law provisions, and any claim, controversy or dispute that has arisen or may arise between you and The DAWG Blog. You and The DAWG Blog agree to submit to the jurisdiction of a state court or a United States District Court located in Orange County, California for any actions for which the parties retain the right to seek injunctive or other equitable relief to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below and shall be subject to the exclusive jurisdiction of the state and federal courts located in Orange County, California.

You agree that all disputes or claims that have arisen or may arise between you and The DAWG Blog relating in any way to or arising out of this or previous versions of the Terms, your use of or access to Site, or any products or services sold, offered, or purchased through the Site shall be resolved exclusively through final and binding arbitration, rather than in court. The interpretation and enforcement of this Agreement to Arbitrate is governed by the Federal Arbitration Act. YOU UNDERSTAND THAT BY THIS PROVISION, YOU AND THE DAWG BLOG ARE FOREGOING THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

You agree that you and The DAWG Blog are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. YOU AND THE DAWG BLOG AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING UNLESS THE DAWG BLOG OTHERWISE AGREES IN WRITING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER THE DAWG BLOG USERS.

The following Arbitration Procedures will apply:

1. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute arising out of or relating to the applicability, interpretation, formation or enforceability of this Agreement to Arbitrate, or of the Terms.
2. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its procedures and rules.
3. The arbitration will be held in Orange County, California. If the value of the relief sought is $10,000 or less, The DAWG Blog may elect to have the arbitration conducted by telephone or based on written submissions, which election shall be binding on you and The DAWG Blog, subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at an in-person hearing may be made by telephone by you and/or The DAWG Blog, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of California. The arbitrator will not be bound by rulings in prior arbitrations involving different The DAWG Blog Users but is bound by rulings in prior arbitrations involving the same The DAWG Blog User to the extent required by applicable law. The arbitrator’s award shall be binding and final. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules unless otherwise noted in this Agreement to Arbitrate.

If an arbitrator or court decides that any part of this Agreement to Arbitrate is unenforceable or invalid, the other parts of this Agreement to Arbitrate still apply. The remainder of the Agreement and its Legal Disputes Section continue to apply.

Unless we agree otherwise, if the Agreement to Arbitrate is found to not apply to you or to a particular dispute or claim, you agree that any dispute or claim that has arisen or may arise between you and The DAWG Blog must be resolved exclusively by a state or federal court located in Orange County, California. You and The DAWG Blog agree to submit to the personal jurisdiction of the courts located within Orange County, California for the purpose of litigating all disputes or claims.

If The DAWG Blog changes this "Legal Disputes and Waiver of Trial by Jury" section after the date you first accepted these Terms (or accepted any succeeding changes to these Terms), you may refuse any such change by sending us written notice (including by email here) within 30 days of the date such change became effective, as indicated in the "Last Updated" date. By refusing any change, you agree that you will arbitrate any Dispute between you and The DAWG Blog in accordance with the provisions of this "Legal Disputes and Waiver of Trial by Jury" section as of the date you first accepted these Terms (or accepted any succeeding changes to these Terms).

To the extent you have signed a written, wet signature commercial agreement with The DAWG Blog, the dispute resolution procedures in such agreement shall supersede the Dispute Resolution procedures herein, if applicable. Additionally, nothing in this Agreement prohibits The DAWG Blog from seeking injunctive relief in state or federal court to the extent necessary to enforce or protect its intellectual property rights.

17. Severability

If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable or invalid, then that/those provision(s) shall be interpreted to reflect the intentions of the unenforceable or invalid provision(s), with all other provisions remaining in full force and effect.

18. General Legal Notices/Miscellaneous

The Terms represent your and The DAWG Blog entire understanding relating to the use of the Site related thereto and supersedes any prior or contemporaneous, conflicting or additional, communications. The DAWG Blog reserves the right to change these Terms or policies at any time. Any changes will be effective upon being posted. It is your responsibility to visit this page regularly to review the current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages of the Site. Your continued use of the Site after any changes and/or postings will establish your consent to all such changes.

You may not assign these Terms. Any assignment in violation of this section shall be void. The DAWG Blog reserves the right to use Third Party Providers in the provision of the Site and/or the Content and/or the Information associated therewith. In the event of any litigation of any dispute or controversy in connection with these Terms, its performance, its interpretation, or the like, the prevailing party shall be awarded reasonable attorneys' fees and expenses, court or arbitral forum costs, and reasonable costs for expert and/or other witnesses attributable to the prosecution or defense of that dispute or controversy. Any and all rights not expressly granted herein are reserved by The DAWG Blog.

The DAWG Blog’s failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. Any provision of these Terms that is found to be unlawful, unenforceable, or invalid will be severed from these Terms, and the remaining provisions of these Terms will continue in full effect.

The section headings and titles in these Terms are for convenience only and have no legal effect. Any provision in these Terms that by its nature should survive the termination of your license to access the Site or any termination of these Terms will continue in full force and effect after any termination.

These Terms, including all Policies, constitute the entire agreement between you and The DAWG Blog concerning the Site. These Terms supersede all prior agreements or communications between you and The DAWG Blog regarding the subject matter of these Terms to the extent the prior agreements or communications conflict. Each of The DAWG Blog’s third party providers will be third party beneficiaries of these Terms.

19. Questions and Contact Information

Please contact us here with questions regarding these Terms.

Your use and continued use of this Site and registration to use our Site is dependent on your agreement to be bound by the foregoing Terms.

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