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Unless noted otherwise, all content and images © Dog & Whistle Goose Control 2014. All rights reserved.

Serving greater Sacramento and neighboring Foothill communities

Dog & Whistle Goose Control Website Terms of Use

Effective 10/7/2014

Definitions.  The terms “we”, “us”, and “our” refer to Brett and Jane Brogan, doing business as Dog & Whistle Goose Control, a sole proprietorship in the State of California. The term "you" and “your” refers to the person or persons visiting the web site with the domain name, dogandwhistlegoosecontrol.com (hereinafter referred to as “this website”), or purchasing services or products from Dog & Whistle Goose Control.  

Terms of Use.  Please read these Terms of Use before using or obtaining any content, products, or services through our website. Your use of this website is expressly conditioned on your acceptance of the following terms without any modification. By accessing, using or obtaining any content, products, or services through this website, you agree to these terms. If you do not agree with any of these terms and conditions, do not use this website.  Please return to this page periodically to review the most current version of the Terms of Use. At our sole discretion, any aspect of the website may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time without prior notice. Your continued access or use of this website signifies your acceptance of the updated or modified Terms of Use. We may also, at any time, change or impose fees or change general practices and limits for  products and or services

Privacy Policy.  Your use of this website is subject to our Privacy Policy. You agree that you have read our Privacy Policy, and you agree to its terms.

Age, Other Responsibilities and Representations.  As a condition of your use of this website, you represent that (i) you represent and warrant that all information you supply to us about yourself and others, including email addresses and credit card information, is true, valid and accurate, and that you have the legal right to supply us with such information, (ii) you possess the legal authority to create a binding legal obligation, (iii) you will use this website in accordance with these Terms of Use, and (iv) you will only use this website to make legitimate purchases for you or for another person for whom you are legally authorized to act. In addition, you will be financially or otherwise accountable for all use of this website by you and anyone using your password and login information.

Ownership Rights. This website is our sole and exclusive property and we and our licensors retain all right, title and interest, including all copyright, trademark, patent, trade secrets, and all other intellectual property rights, in the website.  

Limited License.  Dog & Whistle Goose Control grants you a limited, personal, nontransferable, non sub-licensable, revocable license to access and use the website only as expressly permitted in these Terms of Use. The information provided on this website may be used for personal, non-commercial purposes only. You may only use this website to make legitimate purchases and shall not use this website for any other purposes, including without limitation, to make any speculative, false or fraudulent purchases in anticipation of demand. Any rights or license not expressly granted herein are reserved.

This website and the content, including the software, downloads, text, audio, graphics, button icons, data compilations and software, may not be copied, reproduced, republished, uploaded, transmitted or distributed without our prior written permission, except that you may download, display, and print the content and materials on this website for your personal, non-commercial use only. Unauthorized use of this website and/or the materials contained on this website may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices.

You agree not to (i) take any action that might compromise the security of this website, (ii) reverse engineer any part of this website, (iii) use, authorize or permit any third party to use on your behalf any robot, spider or other automatic device, or manual process to monitor or copy any content or data without our permission, (iv) utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any webpage, (v) transmit or otherwise transfer any web pages, data or content found on this website to any other computer, server, website, or other medium for mass distribution or for use in any commercial enterprise and not use any device, software or routine to interfere or attempt to interfere with the proper working of this website, including a use of a frame or border environment around the website, or other framing technique to enclose any portion or aspect of the website, or mirror or replicate any portion of the website without our prior written consent, or (v) use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our website, or take any action that impose an unreasonable load on our equipment or disguise the origin of the information transmitted through the website.

Termination.  We, in our sole discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our website, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the website, and destroy any copy you have made of any portion of the website. Accessing the website after such termination, suspension, or discontinuation shall be unauthorized and unlawful. We have no responsibility to you to such suspension or termination. We may provide notice via email sent to the email address contained in your user profile or otherwise used to make a purchase on this website. We reserve the right to cancel any and all orders or other transactions you have made on the website after you have been prohibited from using the website, with no liability whatsoever to you.

You shall not post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this website.

Product Description and Colors.  Dog & Whistle Goose Control attempts to be accurate in describing the products sold on this website. However, Dog & Whistle Goose Control cannot guarantee or warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Furthermore, Dog & Whistle Goose Control has done its best to display as accurately as possible the colors of the products shown on this website. However, because the colors you see will depend on your device’s graphics abilities and settings, Dog & Whistle Goose Control cannot guarantee that your monitor will display colors or information accurately.

Exclusion of warranty, limitation of liability and other disclaimers.  This website may contain typographical errors or other technical inaccuracies. Dog & Whistle Goose Control reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.

To the full extent permissible by law, all information, content, materials, products (including software) and services, included, made available to you or referenced on this website is provided on an "as is" and “as available” basis, unless specifically stated otherwise are without warranty of any kind, express or implied, including without limitation warranties of title merchantability, fitness for a particular purpose or non-infringement and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Without limiting the foregoing, we do not warrant that the functions contained in this website will be interrupted or error free, that defects will be corrected, or that this website or the server that makes it available or emails sent from Dog & Whistle Goose Control are free of viruses or other harmful components. In no event shall Dog & Whistle Goose Control, its affiliates or its agents be liable for any direct, special, indirect, consequential or other damages of any kind that arise out of or in connection with (i) any use of this website or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this website for orders) or (iii) the performance or non performance by Dog & Whistle Goose Control or any third party providers, including, but not limited to, non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other party. Dog & Whistle Goose Control and its affiliates make no representation that the content provided on this website is applicable or appropriate for use in locations outside of the United States, unless specifically identified as such. Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

If any portion of these limitations on liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Dog & Whistle Goose Control and its affiliates shall not exceed five hundred and zero one-hundredths United States dollars ($500.00 USD). The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of Dog & Whistle Goose Control or its providers.

Some states do not allow the disclaimer of implied warranties or the exclusion or limitation of certain types of damages, if so, these provisions may not apply to you.

Links to Third Parties / No Endorsements. References on this website to any names, marks, products or services of third parties or digital links to third party websites or information do not necessarily constitute or imply an endorsement, sponsorship or recommendation of the third party, information, product or service by Dog & Whistle Goose Control. We do not endorse nor make any warranties or representations about any external website you may access through this website. Any links to other websites are provided for convenience only. You need to make your own decisions regarding your interactions or communications with any other website.  Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this website or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites or links to reference documents does not imply any endorsement of the material on such websites or any association with their operators.

Cookies & Other Tracking Technologies. Cookies are not used on our website to track specific-user preferences.  We may use non specific-user tracking technologies to better understand how our website is used, navigated, how many visitors use our website, the length and frequency of visit on our site, the searches in our database, the types of operating platforms and systems used by visitors, IP addresses of our visitors, and the IP addresses from which visitors connect to our website (e.g., information gathered by Google Analytics or similar website analysis programs or services).  

Relationship.  The relationship between Dog & Whistle Goose Control and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Use or use of this website.

Governing Law and Disputes.  These Terms of Use and its performance shall be governed by the laws of the state of California, United States of America, without regard to its conflict of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms of Use. You consent and submit to the exclusive jurisdiction of the state and federal courts located in Placer County, the state of California, United States of America, in all questions and controversies arising out of your use of this website and these Terms of Use.  To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of this website must be brought within one (1) years from the date on which such claim or action arose or accrued. If we take any action to enforce these Terms of Use, we will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorney's fees and any cost of litigation, in addition to any other relief, at law or in equity, to which we may be entitled.

General.  Our performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this website or information provided to or gathered by us with respect to such use.

These Terms of Use and any other term, provision, or condition referenced herein constitutes the entire agreement between you and Dog & Whistle Goose Control with respect to this website and products and services offered and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Dog & Whistle Goose Control with respect to this website. The headings in these Terms of Use are for reference; they do not limit or affect these Terms of Use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms of Use to be unenforceable or invalid, that Term of Use will be enforced to the fullest extent permitted by applicable law and the other Terms of Use will remain valid and enforceable.

Contact Information.  If you have any questions or concerns about these Terms of Use or if you need further assistance, please contact:

Email:     info@DogandWhistleGooseControl.com
Phone:    530-823-3628
Address:  Dog & Whistle Goose Control
              1431 Merry Knoll Road
              Auburn, CA  95603