TERMS & CONDITIONS

Copyright © 2024 The Scoop Master, LLC. All rights reserved.

Last updated 10/28/2024

Welcome to www.thescoopmaster.com (“Website”).

1. Acceptance of Terms

(a) These terms of use are entered into between you and The Scoop Master, LLC (“Scoop Master,” “Company,” “we,” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the Website, including any content, functionality, and services offered on or through the Website, whether as a guest or a registered user.

(b) Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.thescoopmaster.com/privacy-policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

(c) This Website is offered and available to users who are 16 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to Terms

(a) We may revise and update these Terms of Use from time to time. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

(b) Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently when you access this Website so you are aware of any changes, as they are binding on you.

3. Prohibited Uses

(a) You may use the Website only for lawful purposes and in accordance with these Terms of Use. You shall not use the Website:

(i) In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

(ii) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

(iii) To transmit, or procure the sending of, any advertising or promotional material without the Company’s prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.

(iv) To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity

(v) To falsely state or otherwise misrepresent your affiliation with the Company, a Company employee, another user, or any other person or entity

(vi) To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

(vii) To transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another’s privacy, or otherwise objectionable

(b) Additionally, you shall not:

(i) Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

(ii) Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

(iii) Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

(iv) Use any device, software, or routine that interferes with the proper working of the Website.

(v) Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

(vi) Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

(vii) Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

(viii) Otherwise attempt to interfere with the proper working of the Website.

4. Intellectual Property

(a) The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

(b) You must not copy, reproduce, modify, distribute, transmit, display, perform, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from the Website.

(c) You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

(d) If you want to make any use of material on the Website, please address your request to: info@thescoopmaster.com

(e) If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks

(a) The Company name, the terms “Scoop Master” and “The Scoop Master,” the Company logo featuring a white, cartoon, two-dimensional dog in the middle of a black square with curves in the top-left and bottom-right corners, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

(b) The Scoop Master is not affiliated with Doxantheo Inc., d/b/a Scoop Masters Dog

Poop Pick Up Service or their various affiliates located throughout the U.S.

6. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

7. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy, found at www.thescoopmaster.com/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

8. Online Purchases and Other Terms and Conditions

(a) All purchases through our Website or other transactions for the sale of goods, services, or information carried out through the Website, or resulting from visits made by you, are governed by our Terms of Service, which are hereby incorporated into these Terms of Use.

(b) Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

9. Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

10. Disclaimer of Warranties

(a) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. To the fullest extent provided by law, we shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or your downloading of any material posted on it, or on any website linked to it.

(b) Your use of the Website, its content, and any services or items obtained through it is at your own risk. The Website, its content, and any services or items obtained through it are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. Without limiting the foregoing, neither the Company nor anyone associated with the company represents or warrants that the Website, its content, or any services or items obtained through it will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components, or that the website or any services or items obtained through the Website will otherwise meet your needs or expectations.

(c) To the fullest extent provided by law, the Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warranties of merchantability, non-infringement, and fitness for particular purpose.

(d) The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

11. Limitation of Liability

To the fullest extent provided by law, in no event shall the Company, its affiliates, or their licensors, service providers, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website, any websites linked to it, any content on the Website or such other websites, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

13. Monitoring and Enforcement; Termination

We may terminate your access to and use of the Website at any time and without notice to you.

14. Arbitration

All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Connecticut or another location mutually agreeable to the parties. An award of arbitration may be confirmed in a court of competent jurisdiction.

15. Governing Law and Jurisdiction

(a) The internal laws of the State of Connecticut govern all matters relating to these Terms of Use and the Website, without giving effect to any choice or conflict of law provision or rule.

(b) In the event that arbitration is not compelled pursuant to Section 14, any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Connecticut, in each case located in the City of Hartford and County of Hartford, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

16. Limitation on Time to File Claims

You must commence any cause of action or claim you may have that arises out of or relates to these Terms of Use or the Website must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.

17. Waiver and Severability

(a) A waiver by the Company of any term or condition set out in these Terms of Use is not a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

(b) If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, the remaining provisions of the Terms of Use will continue in full force and effect. Any such provisions held to be invalid, illegal, or unenforceable for any reason, will be eliminated or limited to the minimum extent necessary to maintain the full force and effect of the Terms of Use.

18. Entire Agreement

The Terms of Use, our Privacy Policy, our Terms of Service, and all other contracts between you and the Company for specified services constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

19. Your Comments and Concerns

(a) This Website is operated by The Scoop Master, LLC.

(b) All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: info@thescoopmaster.com