Terms and Conditions of Use
Fido Factor ("fidofactor.com", "Fido Factor for iPhone", "m.fidofacor.com") is operated by Appetyte LLC ("Appetyte", "we" or "us"), a privately held company in San Francisco, CA, USA. Before using Fido Factor, please read through these Terms and Conditions of Use about how we operate. USE OF FIDO FACTOR CONSTITUES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE FIDO FACTOR. No information in the Fido Factor Terms and Conditions of Use should be construed to confer rights to third party beneficiaries. We reserve the right to change, modify, add, or delete any part of this agreement at any time without notification. You are responsible for frequently reviewing the Terms and Conditions of Use so you are informed of all changes. If you are dissatisfied with Fido Factor, and the Terms and Conditions do not meet your requirements for use, your sole remedy is to discontinue your use of Fido Factor.
Disclaimer of warranties
APPETYTE LLC AND FIDO FACTOR PROVIDES THIS SERVICE ON A "AS IS" BASIS AND MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND. FIDO FACTOR DISCLAIMES ANY AND ALL RESPONSIBILITY OR LIABILITY TO THE ACCURACY OF CONTENT, COMPLETENESS, LEGALITY, OR MATERIALS. FIDO FACTOR DISCLAIMS ANY AND ALL RESPONSILBITY AND LIABILITY FOR THE CONDUCT OF ANY USER. IN NO EVENT SHALL FIDO FACTOR BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES FOR ANY REASON RESULTING FROM YOUR USE OF FIDO FACTOR. FIDO FACTOR SPECIFICALLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
Miscellaneous provisions
Fido Factor is controlled and operated from its offices within the State of Califronia, United States of America. The laws applicable to the interpretation of these Terms and Conditions shall be the laws of the State of California, USA, without regard to any conflict of law provisions. If any provision within these Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.
You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the state or federal courts of San Francisco County, CA, USA, and that you hereby consent and submit to the exclusive jurisdiction and venue of such courts. No action arising under or relating to these Terms and Conditions may be brought by either party more than one year after the cause of action has occurred.
Content submission
By submitting, posting or displaying any Materials on or through the Fido Factor you grant us the non-exclusive, royalty-free, right to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content in other formats not simply limited to websites. Fido Factor will not be held liable for any misappropriation of this submitted content by others.
Except as expressly authorized by Appetyte LLC, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Fido Factor's proprietary information which includes the sum of all photos, postings, and information listed on Fido Factor.
All information you submit to Fido Factor is subject to our Privacy Policy, which you can view at http://fidofactor.com/privacy.
Hold harmless and indemnity
You agree to hold harmless and indemnify Appetyte LLC from and against any third party claim arising from or in any way related to your use of the Fido Factor, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature.
Locations listed in our database
The locations listed have indicated at one time to us that dogs are permitted. While Fido Factor works to provide up-to-date information around each locations dog policy, Fido Factor cannot guarantee the information provided. It is your responsibility to verify that your dog, or the a dog in your control, is permitted at any location at each visit by you to the location. Dogs are required to be on leash at all locations unless the management of the specific location tells you otherwise. Locations reserve the right to change their dog policy at any time.
Restaurants
Dogs are not permitted inside restaurants with the exception of service dogs in accordance with the American with Disabilities Act (ADA). All restaurants listed on Fido Factor permit dogs only at their outdoor tables. Furthermore, restaurants reserve the right to change their dog policy at any time.
Additional regulation
Information listed on each location's individual dog policy is always subject to current federal, state, county and other local regulations regarding where dogs are permitted. This law is also open to interpretation by local officials and locations.
Appropriate conduct and content
Fido Factor is for your personal, non-commercial use only. Businesses, organizations, associations or other legal entities may not use Fido Factor for any purpose. Fido Factor may not be used for illegal or unauthorized purposes. You are solely responsible for your use of Fido Factor including any information, photos, links, text and all other "Content" that you present, submit or place on Fido Factor.
Fido Factor reserves the right to, but is not obligated, to remove Content that that we determine in our sole discretion to be illegal, falsified, threatening, libelous, offensive, or obscene.
We may, but shall have no obligation to, remove Content that we determine in our sole discretion to be unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise intolerable. Furthermore any Content that is determined to be in violation with any party's intellectual property or property rights or these Terms and Conditions of Use can be removed or modified with notice.