Welcome to The Hub (the “Application”)! The Application is an electronic commerce application operated by Kennelwood Village, Inc. and/or its affiliates (“Kennelwood”, “us”, “we”, or “our”).
Please read these terms and conditions (“terms and conditions” or “terms”) carefully before using the Application. The terms and conditions form an agreement between each user of the Application and Kennelwood.
Conditions of Use
By using the Application, you certify that you have read and reviewed these terms and conditions and that you agree to comply with them. If you do not want to be bound by these terms and conditions, you should not use the Application. Kennelwood only grants use and access of the Application and Kennelwood’s and the Application’s services and products to those who have accepted these terms and conditions.
Privacy Policy
Before you continue using the Application, we advise you to read our privacy policy which can be found at https://www.www.kennelwood.com/privacy-policy/, regarding our user data collection. It will help you better understand our practices. Please be advised, however, that by voluntarily providing photos or images to us of you and/or your pet(s), you grant us a perpetual, irrevocable license to use those photos and images for any promotional or other purposes without compensation to you.
Age Restriction
You must be at least 18 years of age before you can use the Application. By using the Application, you represent and warrant that you are at least 18 years of age and you may legally adhere to these terms and conditions. Kennelwood assumes no responsibility for liabilities related to age misrepresentation. Kennelwood does not knowingly collect, either online or offline, personal information from persons under the age of 18. If you are under 18, you may use the Application only with permission of a parent or guardian.
Customers Only
You must be a customer of Kennelwood to use the Application. By using the Application, you represent warrant that you are an actual customer of Kennelwood. Any use by a competitor of ours will be considered both a breach of these terms and unfair competition under applicable State and Federal law.
Intellectual Property
You agree that all services, products and materials provided by the Application are property of Kennelwood, its affiliates, directors, officers, employees, agents, suppliers, or licensors including all copyrights, trade secrets, trademarks, patents, and other intellectual property. You also agree that you will not reproduce or redistribute Kennelwood’s intellectual property in any way, including electronic, digital, or new trademark registrations. Subject to our privacy policy (see below), you grant Kennelwood a royalty-free, world-wide and non-exclusive license to display, use, copy, transmit, and broadcast any content you upload and publish. Any use of the Intellectual Property by you without our prior, written authorization is strictly prohibited.
User Accounts
As a user of Application, you may be asked to register with us and provide private information. You are responsible for ensuring the accuracy of this information and you are responsible for maintaining the safety and security of your identifying information. You are also responsible for all activities that occur under your account or password. If you think there are any possible issues regarding the security of your account on the Application, inform us immediately so we may address them accordingly. We reserve all rights to terminate accounts, edit or remove content, cancel orders and terminate user’s access to the Application at any time and at our sole discretion.
Your Account
If you use this Application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Kennelwood is not responsible for third party access to your account that results from theft or misappropriation of your account. Kennelwood and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Cancellation/Refunds
Services and products are provided and sold subject all of Kennelwood’s terms and conditions of sales as Kennelwood may change from time to time.
Links to Third Party Sites/Third Party Services
The Application may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Kennelwood and Kennelwood is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Kennelwood is providing these links to you only as a convenience, and the inclusion of any Linked Site does not imply endorsement by Kennelwood of the Linked Site or any association with its operators.
Applicable Law
By using the Application, you agree that Missouri law applies to the Application, these terms and conditions and your use of the Application, without regard to principles of conflict laws. Missouri law will govern any dispute of any sort that might come between you and your affiliates, representatives, agents and successors and Kennelwood or any of its affiliates, representatives, assigns, agents and successors.
Indemnification
You agree to indemnify Kennelwood and its affiliates and hold each of them harmless against legal claims and demands that may arise from your use or misuse of the Application. Kennelwood reserves the right to select our own legal counsel.
Limitation on liability
Kennelwood is not liable for any damages that may occur to you as a result of your misuse of the Application. Kennelwood reserves the right to edit, modify, and change these terms and conditions at any time. It is your responsibility to check back on these terms and conditions to see how they have changed, if any, as only the current terms and conditions will apply to any transaction(s) between you and Kennelwood.
Arbitration
In the event the you and we are not able to resolve any dispute between us arising out of or concerning these terms and conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in St. Louis County at a location determined by us. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these terms and conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the arbitrator. This arbitration provision will survive the termination of these terms and conditions.
Third Party Accounts.
In the event you connect to the Application through, you may be able to connect to the Application or your Kennelwood account through third party accounts. By connecting your account to any third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with the terms and conditions and privacy settings on those third party sites).
Indemnification
You agree to indemnify, defend and hold harmless Kennelwood, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Application or services, any user postings made by you, your violation of any terms of these terms and conditions or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Kennelwood reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Kennelwood in asserting any available defenses.
Class Action Waiver
Any arbitration under these terms and conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. CLAIMS MAY BE BROUGHT ONLY AND INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Kennelwood agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APPLICATION MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KENNELWOOD AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APPLICATION AT ANY TIME.
KENNELWOOD AND/OR ITS AFFILIATES MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS OR SERVICES CONTAINED IN, DESCRIBED IN OR OFFERED BY THE APPLICATION FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. KENNELWOOD AND/OR ITS AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KENNELWOOD AND/OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APPLICATION, WITH THE DELAY OR INABILITY TO USE THE APPLICATION OR RELATED SERVICES OR PRODUCTS, THE PROVISION OF OR FAILURE TO PROVIDE ANY SERVICES, PRODUCTS OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES AND OBTAINED THROUGH THE APPLICATION, OR OTHERWISE ARISING OUT OF THE USE OF THE APPLICATION, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KENNELWOOD OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APPLICATION, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APPLICATION.
Termination/Access Restriction
Kennelwood reserves the right, in its sole discretion, to terminate your access to the Application and the related services or any portion thereof at any time, without notice.
Changes to Terms
Kennelwood reserves the right, in its sole discretion, to change the Terms under which www.aspenlawteam.com is offered. The most current version of the Terms will supersede all previous versions. Kennelwood encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Kennelwood welcomes your questions or comments regarding these terms and conditions. Please feel free to contact [email protected]
Effective as of April 4, 2021