Terms of Sale
VIDEO POODLE™ WEBSITE TERMS OF SALE
Last Updated: February 8, 2018
Please keep in mind that these Terms of Sale are subject to change by Video Poodle from time to time. In the event of such changes, we will post the changes on our Website and/or notify you via email. Changes to these Terms of Sale shall be effective upon posting to the Website. If you do not agree to these Terms of Sale, do not subscribe for a membership through our Website.
PLEASE READ THESE TERMS OF SALE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
MEMBERSHIPS You must be a paid member to access all features offered on Video Poodle. With respect to Membership-based features, you acknowledge and agree that, by making such features accessible to paid members in general, Video Poodle will have fully satisfied its obligation to deliver or otherwise provide such features to you (and/or to your intended authorized recipients), regardless of your or your recipients’ failure or inability to use such features. Video Poodle reserves the right to alter the membership fee or make other changes to your membership. It is important to keep in mind that if you signed up for a membership during a promotional period, the promotional price may only be active for a certain period of time, based on our sole discretion.
NON-MEMBERS We know that sometimes you need a little time to try out the services before wanting to commit. In order to allow customers an opportunity to "sample" our products and services, we offer a select number of episodes per series as a non-member. In order to access remaining episodes, a membership subscription must be purchased. We reserve the right to change this offer at any time.
MEMBERSHIP RENEWALS As a paid member, your membership will renew annually. For example, if you start your annual membership on March 31st, you will be billed on March 30th the following year. Your Video Poodle membership will automatically be renewed at the end of the membership term unless you cancel your membership prior to the expiration date of your then-existing membership. To cancel your membership, please go to the "My Account" section of our Website where you have a membership account.
CANCELLATION You may cancel your membership at any time. However, PAYMENTS ARE NON-REFUNDABLE AND THERE ARE NO REFUNDS, IN WHOLE OR IN PART, FOR PARTIALLY USED PERIODS. Following any cancellation, your access to the membership-based features will continue only for the remainder of your applicable membership term. At Video Poodle’s sole discretion, we may provide a discount or other accommodation to some or all of our members at any time and for any reason. Our offering of a discount or other accommodation in one instance does not entitle you to, or obligate us to provide, the same treatment in the future for similar instances.
PAYMENT METHOD AND TERMS By submitting an order on the Video Poodle Website, you authorize Video Poodle, or its designated payment processor, to charge the purchase amount (and in the event of a membership renewal, you authorize Video Poodle, or its designated payment processor, to automatically charge the renewal amount) to the credit card/debit card account you specified. No purchase will become effective unless and until your payment has been accepted and processed. If for some reason your card is declined, Video Poodle will make attempts to reprocess your card after 3 days, 5 days, and 7 days. After which, if it is still declined, your membership will be automatically canceled.
Video Poodle accepts payment through various third-party services (such as Stripe). In those cases, the terms of sale applicable to those third-party services will govern the processing of your payment.
Video Poodle reserves the right to report, investigate, and prosecute to the fullest extent required or permitted under applicable law, any fraudulent, unauthorized, or otherwise unlawful use of any credit card or debit card by any person on or through the Video Poodle Website.
DISCLAIMERS VIDEO POODLE ITSELF MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY SERVICES SOLD ON THE VIDEO POODLE WEBSITE.
ALL SERVICES ON THE VIDEO POODLE WEBSITE ARE PROVIDED OR SOLD "AS-IS" AND VIDEO POODLE DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. VIDEO POODLE CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF SERVICES. VIDEO POODLE DOES NOT REPRESENT OR WARRANT THAT PRODUCTS, SERVICES, OR ANY PART THEREOF, ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE OR THAT PRODUCTS OR SERVICES THAT ARE DOWNLOADED FROM THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
Reference to any products, services, processes, or other information, by trade name, trademark, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof, or any affiliation therewith, by Video Poodle.
LIMITATION ON LIABILITY EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, IN NO EVENT WILL VIDEO POODLE OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION FOR ANY LOST PROFITS OR LOST DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERICAL DAMAGES OR LOSSES THAT MAYARISE FROM YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES ON THE VIDEO POODLE WEBSITE, EVEN IF VIDEO POODLE IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, VIDEO POODLE'S AGGREGATE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU TO VIDEO POODLE FOR THE PURCHASE OR USE OF ANY PRODUCT OR SERVICE ON THE VIDEO POODLE SITES, BUT IN NO CASE WILL VIDEO POODLE'S TOTAL LIABILITY TO YOU EXCEED $200.00.
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 MAY HAVE ADDITIONAL RIGHTS.
GOVERNING LAW; VENUE AND JURISDICTION You agree that the laws of the State of California, without regard to principles of conflict of laws, will govern your use and purchase of products and services and these Terms of Sale, and any dispute of any sort that might arise between you and Video Poodle or any of our affiliates. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in the Los Angeles County, California, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts located in the Los Angeles County, California.
ARBITRATION YOU AND VIDEO POODLE AGREE THAT THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS RELATING IN ANY WAY TO OR ARISING OUT OF THESE TERMS OF SALE OR THE SALE OF ANY PRODUCT OR SERVICE BY VIDEO POODLE SHALL BE FINAL AND BINDING ARBITRATION, except that, to the extent that either party has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, such other party may seek injunctive or other appropriate relief.
Arbitration under this Agreement shall be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and, in the case of consumer disputes, the AAA's Supplementary Procedures for Consumer Related Disputes (the "AAA Consumer Rules") (collectively the "AAA Rules"). The location of the arbitration and the allocation of costs and fees for such arbitration shall be determined in accordance with such AAA Rules and shall be subject to the limitations provided for in the AAA Consumer Rules (for consumer disputes). If such costs are determined to be excessive in a consumer dispute, Video Poodle will be responsible for paying all arbitration fees and arbitrator compensation in excess of what is deemed reasonable. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, NO ARBITRATION OR CLAIM UNDER THESE TERMS OF SALE SHALL BE JOINED TO ANY OTHER ARBITRATION OR CLAIM, INCLUDING ANY ARBITRATION OR CLAIM INVOLVING ANY OTHER CURRENT OR FORMER USER OF THE SITE OR ANY VIDEO POODLE SERVICES, AND NO CLASS ARBITRATION PROCEEDINGS SHALL BE PERMITTED. In no event shall any claim, action, or proceeding by you related in any way to any products or services purchased by you on or through any of the Video Poodle Sites be instituted more than one (1) year after the cause of action arose.
INDEMNITY You agree to indemnify and hold Video Poodle, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorney's fees, arising out of or in connection with your purchase or use of any products or services offered on the Video Poodle Website, or any violation of these Terms of Sale or of any law or the rights of any third party.
QUESTIONS For customer support, please send us a message via our CONTACT US page, or via the information below. We will respond promptly.
VIDEO POODLE™ 5344 Vineland Avenue, North Hollywood, CA 91601 (818)487-8300