Terms of Use
PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING ANY WEBSITE, PRODUCT, SERVICE, MOBILE APPLICATION, OR OTHER OFFERING PROVIDED BY SUNWARD ELECTRONICS, INC.
These Terms of Use (“Terms”) constitute a legally binding agreement between you, whether personally or on behalf of an entity (“you”, “your” or “user”), and Sunward Electronics, Inc. (“Sunward Electronics”, “Dog Guard”, “we”, “us” or “our”), and sets forth your and our responsibilities when you: visit or use any Sunward Electronics website (including the website located at https://www.dogguard.com and associated webpages), any mobile application, as well as any other media form or media channel provided by Sunward Electronics (collectively, the “Application”), or purchase or use any Dog Guard product(s) (“Products”) or Dog Guard service(s) (“Services”). YOU MUST READ THESE TERMS AND CONDITIONS BEFORE USING THE APPLICATION OR PURCHASING ANY PRODUCTS OR SERVICES.
From time to time, Sunward Electronics may revise, modify, and/or update the Terms. If the Terms change, those changes will be posted to this page. You are therefore encouraged to refer to this page on an ongoing basis to ensure you understand and are up to date on the current Terms.
Terms of Use last updated: January 1, 2026
1. General Consent
All users of the Application, and all purchasers of the Products or Services, agree that access to and use of the Application, Products and Services are subject to the following Terms and other applicable law. By using the Application, Products or Services you consent to these Terms, including the End User License Agreement (“EULA”) that is accessible from this webpage and is incorporated into these Terms for the software embedded in the Application and/or Products (“Software”), as well as the Privacy Policy located at https://www.dogguard.com/privacy-policy, which is hereby incorporated into these Terms by reference. If you do not agree to these Terms, please do not use the Application, Products or Services. Sunward Electronics may revise, modify and/or update these Terms at any time. You will be subject to and will be deemed to have been made aware of and to have accepted the changes in any revised Terms by your continued use of the Application after such revised Terms are posted.
1.1 Consent to Messaging
By using a Service offered by Sunward Electronics, including signing up for Sunward Electronics’ email or text message (e.g., SMS) communication service directly, you expressly consent to collecting, using, and sharing your personal information as outlined in our Privacy Policy. Where you provide contact information, you further consent to receive text messages from Sunward Electronics, including transactional, informational and promotional messages. If you consent to receive transactional, informational, and promotional messages from Sunward Electronics, you also agree to receive such messages through third party service providers who may send such messages on behalf of Sunward Electronics (e.g., RingCentral). When you opt-in to a Service, Sunward Electronics may send you a message (e.g., email or text message) to confirm your signup.
Automated messages may be sent using an automatic telephone dialing system to a mobile telephone number you provide when signing up or any other number that you designate. You may opt out of receiving promotional messages at any time by following the opt-out instructions provided in the messages you receive.
By subscribing to receive messages (e.g., email or text) from Sunward Electronics, you agree to receive promotional, transactional, and/or informational messages related to the Application, Products and/or Services. Message and data rates may apply. Messaging frequency may vary. You can opt out of receiving these messages at any time by following the instructions provided in each message.
2. Use of Application, Products and Services
You may only use the Application, Products and Services within the United States and, in each case, only for your own personal, non-commercial use, except in the case of an authorized affiliate of Sunward Electronics, e.g., a licensed Dog Guard Dealer, who may use the Application, Products and Services for commercial use in line with any agreement between the licensed Dog Guard Dealer and Sunward Electronics.
Subject to the Terms, Sunward Electronics provides Services that have been selected by you. The “Services” include, without limitation: the Application (including any customer service features available thereon), any service Sunward Electronics performs for you, features of applicable Products and services usable through your Dog Guard Account (defined below), and the Content (defined below) offered by Sunward Electronics on the Application. Sunward Electronics may change, suspend, or discontinue the Application or any Services, or any part of the Application or the Services, at any time, including the availability of any feature, database, or the Content. Sunward Electronics may also impose limits on certain features of the Application and Services or restrict your access to parts or all of the Application and Services without liability or notice to you.
You represent and warrant to Sunward Electronics that: (a) you are not a minor in the jurisdiction in which you reside; (b) your use of the Application does not violate any applicable law or regulation; (c) all registration information you submit is accurate and truthful; and (d) you will maintain the accuracy of such information. If you are a minor, you may not use or access the Application without permission from a parent or guardian.
2.1 Dog Guard Account
To use certain features of the Application, Products and Services, you may be required to sign up for an account (“Dog Guard Account”) with Sunward Electronics through the Application and to select a username and password. You agree and understand that your are responsible for maintaining the confidentiality of your password. You agree to provide Sunward Electronics with accurate, complete and updated registration information, and, if applicable, to subscribe to and pay any fees associated with such account. Failure to do so shall constitute a breach of these Terms, which may result in immediate termination of your account and of your access to the Application and Services. The Application, Products and Services may not function properly if you do not keep your Dog Guard Account and subscription current and up-to-date and pay any fees associated therewith, as outlined in Section 6 of these Terms.
2.2 Electronic Contracting
Your use of the Application and Services includes the ability to enter into agreements and/or make transactions electronically. YOU ACKNOWLEGDE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO RELATING TO THE APPLICATION, PRODUCTS AND SERVICES, INCLUDING NOTICES OF CANCELLATION, POLICIES, AND CONTRACTS. In order to access and retain you electronic records, you may be required to have certain hardware and software, which are your sole responsibility.
2.3 Misuse of the Application
You may not access or use the Application for any purpose other than that for which company makes it available. The Application therefore may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Sunward Electronics. Once you activate a Dog Guard Account on or otherwise access or use the Application, you agree not to: (a) distribute, market, resell, transfer, or allow any other individual (other than those within the same household) to use the Application, Product(s), Service(s), or Software that is/are registered to you; (b) use the Application, Product, Services, or Software in connection with any products or services not supplied or provided by Sunward Electronics or one of its authorized affiliates (e.g., your local Dog Guard Dealer) or resellers or otherwise approved by Sunward Electronics in writing; (c) remove any proprietary notices, labels or marks in or on the Products, Services, Software or Application; (d) circumvent, decipher, decrypt, decompile, disassemble, reverse engineer, or otherwise alter or interfere with, or attempt to derive any source code or underlying ideas or algorithms of any part of the Products, Services, Software or Application; or (e) use the Products, Services, Software or Application in any manner that (i) infringes or violates any third-party rights, including the intellectual property rights or proprietary rights, rights of publicity or privacy, or other rights; (ii) violate any law, statute, ordinance, by-law, or regulation; (iii) is harmful, fraudulent, deceptive, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectional; (iv) involves commercial activities or sales without Sunward Electronics’ prior written consent such as contests, sweepstakes, bartering, or advertising; (v) impersonates any entity, including, without limitation, any employee or representative of Sunward Electronics or any of its affiliates; (vi) interferes with, interrupts, damages, disables, overburdens, or impairs the Application, or any Product(s) or Service(s), or with any other party’s use and enjoyment of the Application, Product(s) or Service(s) including, without limitation, through the transmission or introduction of a bug, virus, trojan horse, worm, time bomb, cancel bot, flood ping, denial of service attacks, packet or IP spoofing, forged routing, or other harmful computer code(s), file(s) or program(s). Further, you shall not obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the website, including through the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any part of the Application or Software; such uses are strictly prohibited. You are responsible for your activity in connection with the Products, Services, Software and Application. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Dog Guard Account, or of your right to access or use the Products, Services, Application, Software and/or Content and may result in legal action being taken against you.
2.4 Management of the Application
Sunward Electronics reserves the right but does not have the obligation to (a) monitor the Application for violations of these Terms; (b) take appropriate legal action against anyone who, in Sunward Electronics sole discretion, violates these Terms, including without limitation, reporting such user to law enforcement authorities; (c) in Sunward Electronics’ sole discretion and without limitation, refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof which may violate these Terms or company policy; (d) in Sunward Electronics’ sole discretion and without limitation, notice or liability, to remove from the Application or otherwise disable all files and content that are excessive in size or are in any way burdensome to Sunward Electronics’ systems; (e) otherwise manage the Application in a manner designed to protect the rights and property of Sunward Electronics and others and to facilitate the proper functioning of the Application.
3. Intellectual Property
The content of the Application, Software, Products and Services including, without limitation, source code, databases, functionality, software, website designs, text, graphics, photographs, articles, images, video files, audio files, illustrations, works and other material contained in or on the Application, Software, Products or Services (“Content”) is protected by intellectual property laws, such as copyright and trademark, under both the United States and foreign laws. Sunward Electronics retains full ownership to the Content. You agree to abide by all intellectual property notices and restrictions contained in any Content accessed through the Application or Software, and you agree not to copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, or otherwise exploit for any purpose whatsoever any Content or third-party submissions or other proprietary rights not owned by you (a) without the express written consent of the respective owners, and (b) in any way that violates any Sunward Electronics or third-party right. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and/or other law. Any special rules for the use of certain Content and/or other items accessible on the Application may be included elsewhere on or within the Application and are incorporated into these Terms by reference. All rights not expressly granted in these Terms or elsewhere on the Application are reserved to Sunward Electronics.
You agree not to copy, decompile, disassemble, reverse engineer, or manipulate any technology in order to modify or tamper with any Content, Product, Software or equipment used to receive the Services. Nothing in these Terms or the fact that you have access to the Application, Content Software, Product or Services give you any right, title, interest or license in or to the same, or in or to any technology or any intellectual property rights in any of the foregoing.
a. Copyright
Sunward Electronics authorizes you to download a single copy of the material on the Application solely for your personal, noncommercial use if you include the following copyright notice: “Copyright © [INSERT YEAR], Sunward Electronics, Inc. All rights reserved.” in addition to any other software and proprietary rights that are contained in the Content.
b. Trademarks
All trademarks, service marks, and trade names of Sunward Electronics, Inc. appearing in and/or on the Application, Content and Products, or used in connection with the Services and the Software, are trademarks or registered trademarks of Sunward Electronics, or are licensed for use from a third party by Sunward Electronics. Nothing contained on the Application should be construed as granting, by implication or otherwise, any license, title, interest, or right of use to reproduce, display, or otherwise use our or any third-party’s trademark(s), service mark(s), graphic(s) or logo(s) displayed on the Application, or in or on the Products or Services without written permission of Sunward Electronics or a third-party owner thereof.
4. Third Party Content
The Application, Products and Services may contain materials, including, without limitation, text, graphics, photographs, articles, images, video files, audio files, illustrations, works and other material that is or are owned by third parties (“Third Party Content”). Third Party Content is governed by the terms of use and privacy policies of the third-party owners of such content. You agree to comply with any terms and conditions that are specific to the Third Party Content, including their terms of use and privacy policies. Sunward Electronics has no control over, and assumes no responsibility for, the content, privacy policies, or practices of the Third Party Content or the owners thereof. Unless applicable law in your jurisdiction provides otherwise, you expressly release Sunward Electronics from any and all liability arising from your use of any Third Party Content.
5. Third Party Links
To provide increased value to Application visitors and users of the Software, Products and Services, the Application may contain links to websites owned and/or operated by third parties. These links are being provided as a convenience and for informational purposes only. These Terms do not apply to third-party websites, and Sunward Electronics bears no responsibility for the accuracy, legality, or content of any third-party website or for that of any subsequent links which may appear on any third-party website. The presence of third-party website links neither represents an affiliation, partnership, or connection with the third-party website’s owner and/or operator, nor do they constitute an endorsement, sponsorship, or approval by Sunward Electronics of any of the products, services, information, or opinions of the third-party website’s owner and/or operator. Sunward Electronics has no control over third-party websites, all of which have separate terms of use, privacy policies, and data collection practices, independent of Sunward Electronics and of these Terms. You therefore access these third-party websites at your own risk, and it is suggested that you review the terms of use as well as any privacy policies of any website accessed through third party links. Sunward Electronics welcomes any feedback on third-party links, including if a link does not work. Fees and Payment Fees
6. Fees and Payment
Sunward Electronics bills you online through your Dog Guard Account using purchasing information provided by you. You agree to make payment using that selected payment method for all applicable fees or charges incurred in connection with any Product(s) or Service(s) selected by you, or in connection with your use of the Application and Software. You agree to pay all access, usage, activation and deactivation fees, and other charges that we bill you for or that any user of your Dog Guard Account, Product or Service accepts. All payments must be in U.S. Dollars.
You are responsible for, and agree to pay, all taxes, fees, and surcharges (collectively, “Sales Taxes”) set by any governmental agency or taxing authority (other than taxes based on Sunward Electronics’ net income). Applicable Sales Taxes may be added to the purchase price of Products or Services. Usage charges, taxes, and other fees may vary depending on where, when, and how you use the Application, the Software, your Product(s), or the Services. Where Sunward Electronics bills you for Sales Tax, you agree to pay such Sales Taxes concurrently with the amounts on which the Sales Taxes are calculated.
You may be required to pay in advance by credit card or debit cards. All amounts due must be paid by the due date to avoid any late fees and possible deactivation of your Dog Guard Account, the Software, Product and Services, and/or to your use of or access to the Application. Sunward Electronics reserves the right to suspend or terminate your access to the Application or Services, and to deactivate the Products or Software immediately, and report any late payment or non-payment to credit reporting agencies. Sunward Electronics also reserves the right to refuse any order placed through the Application, for any reason, in its sole discretion. Sunward Electronics may therefore, in its sole discretion, limit or cancel quantities purchased per person, per household, or per order.
Sunward Electronics reserves the right to change its price list and to institute new charges at any time, upon notice to you where such change affects the cost of any subscription or Product for which a purchase order has already been placed. Your continued use of the Application, Software, Products, or Services following such notification constitutes your acceptance of any new or increased charges. Unless otherwise expressly set forth herein, any fees paid hereunder are non-refundable.
Subscriptions: If you have ordered or purchased any Product or Service which is subject to recurring charges then you consent to our charging your selected payment method on a recurring basis, without requiring your prior approval from you for each recurring charge until such time as you cancel the applicable Product or Service. Subscriptions may be cancelled in accordance with the subscription agreement entered into as part of the original purchase of the subscription at issue.
7. Product Information
Unless otherwise indicated, most of the Products and Services featured on the Application are available directly from or through Sunward Electronics and/or its affiliates (e.g., an authorized Dog Guard Dealer). The Application refers to Products and/or Services that are generally available in the United States, but which may not be available in your particular country or locality. The reference to any such products or services in the Application does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with an authorized professional at Sunward Electronics or your local affiliate of Sunward Electronics (e.g., an authorized Dog Guard Dealer) for specific Products and/or Services available in your locality. You can search for your local Dog Guard Dealer at: https://locations.dogguard.com/
Sunward Electronics has made a conscientious effort to display and describe its Products and Services on the Application accurately so that you can assess their design and use, and any services offered. However, any measurements, weights, colors, and other specifications provided for a particular product are approximate and are provided for convenience purposes only. Furthermore, Sunward Electronics is constantly improving its information, Application, Products, Services and Content. Consequently, Sunward Electronics cannot and does not guarantee the accuracy or completeness of Product or Services information, including prices, product images, specifications, and availability. Information regarding Products and Services are the responsibility of the manufacturer or provider of those services at the point-of-sale and are covered by the warranties offered by such manufacturers or providers at the point-of-sale.
Sunward Electronics reserves the right, at its sole discretion, to redesign and/or change materials of Products, or the manner of carrying out the Services, shown in the Application catalog in order to improve, safety, durability, installation, or value.
8. Typographical Errors
The Content may contain technical inaccuracies or typographical errors; Sunward Electronics reserves the right to correct any such technical inaccuracies or typographical errors. In the event that a product is mistakenly listed for an incorrect price, Sunward Electronics reserves the right to refuse or cancel any orders placed for a product or products listed at the incorrect price.
9. Privacy of Personal Information
Sunward Electronics cares about your privacy. In these Terms, “Personal Information” means any information about an identifiable individual and any information that identifies who you are. Sunward Electronics implements industry-standard security measures to safeguard your data against unauthorized access, use, or disclosure. Personal Information will be used by Sunward Electronics solely in accordance with these Terms and Sunward Electronics’ Privacy Policy.
By accepting these Terms, you provide Sunward Electronics with your express consent to collect, use and dispose of Personal Information that you provide to Sunward Electronics in accordance with our Privacy Policy, for the purpose of providing you, and any person you authorize, with access to the Application, Products and Services.
Further, by accepting these Terms, you acknowledge and agree that it is your responsibility to protect the confidentiality of your account information (e.g., your Dog Guard Account) and any password(s) associated with your use of the Application or Services, and that Sunward Electronics will not be liable for any loss or damage arising from your failure to adequately protect your account or personal information. You agree to notify Sunward Electronics immediately upon learning of any unauthorized use of your Dog Guard Account or any other security breach. By using the Application or the Services, you acknowledge and accept that no data transmission over the Internet or mobile networks can be guaranteed to be 100% secure, and therefore, you use the Application and Services at your own risk.
10. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Application, Products or Services provided by you to Sunward Electronics (“Submissions”) are non-confidential and Sunward Electronics shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgement or compensation to you.
11. Limited Warranty
Product warranties, if any, are addressed and/or decided on at the point-of-sale and not by virtue of accessing or using the Application or any Product(s) or Service(s). If you have purchased a Product or Service from Sunward Electronics or its affiliate(s) which comes with a manufacturer’s warranty, information on such warranty may be found at: https://www.dogguard.com/support-resources/warranty-information.
12. Warranty Disclaimer
THE APPLICATION, PRODUCTS, SERVICES, AND THE MATERIALS ON THE APPLICATION, INCLUDING THE SOFTWARE AND THE CONTENT, ARE PROVIDED ON AN “AS IS” AND “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOUR USE OF THE APPLICATION, PRODUCTS AND SERVICES IS AT YOUR OWN RISK. YOU FURTHER AGREE THAT COMPLIANCE WITH LOCAL LAW IN YOUR USE OF THE APPLICATION, PRODUCTS AND SERVICES WILL BE YOUR SOLE RESPONSIBILITY. TO THE FULLEST EXTENT PERMITTED BY LAW, SUNWARD ELECTRONICS DISCLAIMS ALL WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, IN CONNECTION WITH USE OF THE APPLICATION, PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THID PARTIES’ RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE. Sunward Electronics does not represent or warrant that the functions contained in the Application will be uninterrupted or error-free, that the defects will be corrected, or that the Application or the server that makes the Application available are free of viruses or other harmful components. Sunward Electronics does not make any warrantees or representations regarding the use of the materials in or on the Application, including the Software and the Content, in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Sunward Electronics will therefore assume no liability or responsibility for (1) errors, mistakes, or inaccuracies in the Content, (2) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Application, Products or Services, (3) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein (subject to, or in accordance with, our Privacy Policy), (4) any interruption or cessation of transmission to or from the Application, (5) any bugs, viruses, trojan horses, worm, time bomb, cancel bot, flood ping, denial of service attack, or other harmful computer code, file, or program or the like which may be transmitted to or through the Application, Products or Services by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Application, Software, Products or Services. The Application, Products, Services, and Software are not intended for use in any activities in which the failure thereof could lead to death, personal injury, or severe physical or environmental damage. SOME STATES DO NOT PERMIT LIMITATIONS OR EXCLUSIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. CHECK YOUR LOCAL LAWS FOR ANY RESTRICTIONS OR LIMITATIONS REGARDING THE MODIFICATION OR EXCLUSION OF IMPLIED WARRANTIES.
13. Professional Disclaimer
The Application provides pet training and containment information for general informational and educational purposes only and is not a substitute for professional advice for your specific pet. Accordingly, before taking any action based upon such information, you are encouraged to consult with the appropriate professional(s). You should only use a Product or Service if you and your dog understand and respond to the steps involved in using the Product or Service properly. UNLESS APPLICABLE LOCAL LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, THE USE OR RELIANCE OF ANY INFORMATION CONTAINED IN OR ON THE APPLICATION IS SOLELY AT YOUR OWN RISK.
14. Testimonial Disclaimer
The Application may contain testimonials by users of our Products and/or Services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our Products and/or Services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY. The views and opinions contained in any testimonials belong solely to the individual user and do not reflect our views and opinions. Sunward Electronics is not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
15. Limitation of Liability
YOUR USE OF THE APPLICATION, SOFTWARE, PRODUCTS, SERVICES, AND CONTENT IS AT YOUR OWN RISK.
WHEN USING THE APPLICATION, INFORMATION WILL BE TRANSMITTED OVER A MEDIUM THAT MAY BE BEYOND THE CONTROL AND JURISDICTION OF SUNWARD ELECTRONICS. ACCORDINGLY, SUNWARD ELECTRONICS ASSUMES NO LIABILITY FOR OR RELATING TO THE DELAY, FAILURE, INTERRUPTION AND/OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED THROUGH OR IN CONNECTION WITH THE USE OF THE APPLICATION, INCLUDING WITH RESPECT TO DELAYS, FAILURES IN DELIVERY, OR ANY OTHER ISSUES RELATED TO THE TRANSMISSION OR RECEIPT OF TEXT MESSAGES. DELIVERY OF TEXT MESSAGES IS SUBJECT TO EFFECTIVE TRANSMISSION BY YOUR MOBILE CARRIER AND IS NOT GUARANTEED BY SUNWARD ELECTRONICS. YOU ARE SOLELY RESPONSIBLE FOR ALL DATA THAT YOU TRANSMIT OR THAT RELATES TO ANY ACTIVITY YOU HAVE UNDERTAKEN USING THE APPLICATION, SOFTWARE, PRODUCTS OR SERVICES. UNLESS APPLICABLE LAW IN YOUR JURISDICTION PROVIDES OTHERWISE, YOU AGREE THAT SUNWARD ELECTRONICS SHALL HAVE NO LIABILITY TO YOU FOR ANY LOSS OR CORRUPTION OF SUCH DATA, AND YOU HEREBY WAIVE ANY RIGHT OF ACTION AGAINST SUNWARD ELECTORNICS FOR ANY SUCH LOSS OR CORRUPTION OF DATA.
IN NO EVENT SHALL SUNWARD ELECTRONICS, ITS AGENTS, OFFICERS, EMPLOYEES, DIRECTORS, AFFILIATES OR ANY OTHER PARTIES MENTIONED ON IR IN THE APPLICATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, INCIDENTAL AND CONSEQUENTIAL DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM ACCESS OR INABILITY TO ACCESS, OR FROM THE USE OR INABILITY TO USE THE APPLICATION, PRODUCTS, OR SERVICES, INCLUDING THE SOFTWARE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SUNWARD ELECTRONICS OR ANY THIRD PARTIES MENTIONED HEREIN ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUNWARD ELECTRONICS OR ANY THIRD PARTIES MENTIONED ON OR IN THE APPLICATION, PRODUCTS, SERVICES OR CONTENT ARE NOT LIABLE FOR ANY PERSONAL INJURY, INCLUDING DEATH, CAUSED BY YOUR USE OR MISUSE OF THE APPLICATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT. IF YOU SUBSCRIBE TO RECEIVE MESSAGES FROM SUNWARD ELECTRONICS, SUCH AS EMAIL OR TEXT MESSAGES, YOU ACKNOWLEDGE AND AGREE THAT SUNWARD ELECTRONICS WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, OR INJURIES ARISING FROM OR RELATING TO THE USE OR FAILURE TO RECEIVE ANY SUCH MESSAGES, INCLUDING BUT NOT LIMITED TO, DELAYS, NON-DELIVERY, OR TECHNICAL ISSUES. ANY CLAIMS ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE APPLICATION, SOFTWARE, PRODUCTS, SERVICES OR ANY CONTENT MUST BE BROUGHT WITHIN ONE (1) YEAR OF THE DATE OF OCCURRENCE OF THE EVENT GIVING RISE TO SUCH ACTION. REMEDIES UNDER THESE TERMS ARE EXCLUSIVE AND ARE LIMITED TO THOSE EXPLESSLY PROVIDED FOR IN THESE TERMS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOW KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
16. Indemnification
You agree to indemnify, defend, and hold harmless Sunward Electronics, its officers, directors, employees, agents, licensors, affiliates and suppliers from and against any and all claims, actions or demands, liabilities, and settlements, losses, expenses, damages and costs, including reasonable attorneys’ fees, made by any third party due to or resulting from your (a) use of and/or access to the Application, Software, Products, Services and Content; (2) breach of these Terms (including by negligent or wrongful conduct); and (3) your violation of the rights of a third party, including but not limited to intellectual property rights. Notwithstanding any of the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
17. Mandatory Arbitration and Class Waiver
CERTAIN STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW FOR WAIVERS TO BRING PROCEEDINGS BEFORE A LOCAL COURT OR TO BRING CLASS PROCEEDINGS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF HE FOLLOWING LIMITATIONS UNDER THIS ARBITRATION CLAUSE MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree that any dispute relating in any way to your visit to or use of the Application, Software or Content, or your purchase or use of the Products, the Services, your relationship or communications with Sunward Electronics (including indirect communication(s) through third parties), or otherwise related to these Terms (“Disputes”) will be resolved exclusively through confidential arbitration, rather than in court, and that such arbitration is governed by the laws of the State of New York, without regard to principles of conflict of laws. The United States Federal Arbitration Act governs the interpretation and enforcement of any arbitration mandated under this section. Further, any question as to the validity of this section shall be submitted to confidential arbitration and decided by an arbitrator.
If a Dispute arises under these Terms, you agree to first contact us at legal@dogguard.com and attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating any arbitration or court proceedings. Such informal negotiations shall commence upon written notice from one party to another. Before formally submitting a Dispute to arbitration, you and Sunward Electronics may choose to informally resolve the dispute.
If any Dispute cannot be resolved informally, you agree that any and all Disputes, including the validity of this arbitration clause and class action waiver, shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you or telephonically. Either you or we may commence the arbitration process by submitting a written demand for arbitration with the AAA and providing notice to the other party. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s rules are available at https://www.adr.org. Except as may be required by law as determined by the arbitrator, no party or arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding the foregoing, you agree that the following will not be subject to arbitration or the requirements above regarding informal dispute resolution and may be adjudicated only in the state and federal courts of New York: (a) any dispute, controversy or claim relating to or contesting the validity of Sunward Electronics’ intellectual property rights and proprietary rights, including without limitation patents, trademarks, service marks, copyrights, or trade secrets; (b) an action by us for temporary or preliminary injunctive relief, whether prohibitive or mandatory, or other provisional relief; (c) any legal action by us against a non-consumer; and (iv) interactions with governmental and regulatory authorities. You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.
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 under these Terms may be joined to an arbitration involving any other party subject to these Terms, whether through class action, private attorney general proceeding, class arbitration proceedings or otherwise. If an arbitrator or court decides that any part of this arbitration clause is invalid or unenforceable, the other parts of this arbitration clause still apply; however, if an arbitrator or court decides that the class action waiver is invalid or unenforceable, then the entirety of this arbitration clause shall be null and void. YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE IN A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION. You shall have forty-five (45) days from the earliest date that you visit the Application, purchase a Product or Service, or submit information through the Application to opt out of this arbitration agreement, by contacting Sunward Electronics at legal@dogguard.com. If you do not opt out within the forty-five (45) day window following your first visiting the Application, or your first purchase of a Product or Service, or your first submission of information through the Application, then you are not eligible to opt out of this arbitration clause.
18. Term; Termination
The Terms are applicable to you upon accessing or using the Application, Software, Products, Services, or Content. The Terms, or any part of the Terms, may be terminated by Sunward Electronics without notice at any time, for any reason. If you violate any of the Terms, your permission to use the Application, Software and Content automatically terminate and you must immediately cease using the Application and destroy any copies you have made of any portion of the Content. If Sunward Electronics terminates or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Sunward Electronics reserves the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, SUNWARD ELECTRONICS RESERVES THE RIGHT TO, IN SUNWARD ELECTRONICS’ SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE APPLICATION AND SERVICES, TO ANY PERSON FOR ANY REASON OR FOR NO REASON AT ALL, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY OR COVENANT CONTAINED IN THESE TERMS, OR OF ANY APPLICABLE LAW OR REGULATION, AND COMPANY MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE AND THE COMPANY SERVICES, DELETE YOUR PROFILE AND ANY CONTENT OR INFORMATION THAT YOU HAVE POSTED OR STORED AT ANY TIME, WITHOUT WARNING.
The provisions relating to Intellectual Property, Limited Warranty, Warranty Disclaimer, Professional Disclaimer, Testimonial Disclaimer, Limitations of Liability, Severability, Rights Reserved, Indemnification, Governing Law, Warning, and Miscellaneous, shall survive any termination.
19. Severability
If any provision of the Terms is invalid, illegal, void, or unenforceable, then that provision will be deemed severed from the Terms and will not affect the validity or enforcement of the remaining provisions of the Terms. Such remaining provisions shall be enforceable to the fullest extent permitted by law.
20. Notice
Sunward Electronics may deliver notice to you by means of e-mail, text message, a general notice on the Application, or by any other reliable method utilizing contact information you have provided to Sunward Electronics.
21. Rights Reserved
Sunward Electronics reserves the right to refuse service and/or to terminate your access to the Application, Software or Services, or any of the Application’s features or the Content in its sole discretion, including, without limitation, if Sunward Electronics believes that your conduct violates the Terms, applicable law, or is harmful to the interests of Sunward Electronics.
22. Governing Law
The Terms are governed by the laws of, and each party submits to the exclusive venue and jurisdiction of, the state or federal courts in the State of New York, USA, without regard to choice of law provisions.
23. Miscellaneous
Sunward Electronics’ failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. There is no joint venture, partnership, employment or agency relationship created between you and Sunward Electronics as a result of these Terms or use or access of the Application, Products, or Services. Neither the course of conduct between the parties nor trade practice shall act to modify any of these Terms except where explicitly agreed to between you and Sunward Electronics in writing. Sunward Electronics may assign its rights and duties under the Terms to any party at any time without notice to you. You may not assign your rights and duties under the Terms to any party without the express written consent of Sunward Electronics.
Sunward Electronics makes no claims that the Application, Software and/or the Content are appropriate or may be downloaded outside of the United States. Access to the Application, Software or Content may not be legal by certain persons or in certain countries. If you access the Application, Software or the Content from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Upon Sunward Electronics’ request, you agree to furnish to Sunward Electronics any documentation, substantiation or releases necessary to verify your compliance with these Terms. You agree that these Terms will not be construed against Sunward Electronics merely by virtue of having drafted them. You hereby waive any and all defenses you may have had based on the electronic form of these Terms and the lack of signing by the parties hereto to execute these terms.
24. Warning
All activities involving the use and/or installation of Products and/or Services sold and/or provided by Sunward Electronics carry some risk of injury or harm to users and their pets, including harm caused by electronic stimulation. Improperly installed or maintained equipment and/or inadequately supervised pets are significant contributing factors to such risk of injury and/or harm. The Application, Products, Services and/or the Content may include instructional or demonstration videos or manuals, and/or other similar materials, regarding the installation and/or use of the Application, Products and/or Services sold and/or provided by Sunward Electronics and/or its affiliates. These materials should not be relied on for installing, maintaining, or using the Application or any Sunward Electronics Products unless directed to do so by Sunward Electronics, such as by one of its agents or employees, or an authorized affiliate of Sunward Electronics (e.g., your local Dog Guard Dealer). It is recommended that you consult with an appropriate installation or maintenance professional to ensure proper installation, maintenance, and/or use of the Application, Products and Services sold and/or provided by Sunward Electronics or its affiliates.
Furthermore, the Application, Software, Content, Products and/or Services sold and/or provided by Sunward Electronics are not substitutes for your responsibilities as the owner of your pet. While the Application, Products and Services sold and/or provided by Sunward Electronics are extremely effective tools for pet containment, you – the owner – are ultimately responsible for ensuring the containment, safety, and lawful and humane treatment of your pet. We do not guarantee containment of your animal or that any lost animal will be found, and we do not provide any customer service for the purpose of searching for and/or recovering your animal. Any alerts sent by Sunward Electronics to you do not in any way obligate Sunward Electronics to take proactive or responsive action. In the event you receive an alert, Sunward Electronics is in no way responsible for the emotional distress or remedial actions you take on the basis of that information. Sunward Electronics is not responsible in the event your pet gets out of the contained area or becomes lost. Using the Application, Products and/or Services in a manner other than specified by Sunward Electronics in the user manual, or inconsistent with the lawful and humane treatment of your pet, may cause injury. You are responsible for maintaining the functionality of any Products, including through the installation of collar and system upgrades as instructed, and Sunward Electronics is not responsible for the maintenance of you collar or system, for any consequences resulting from a malfunctioning system or product. Further, no collar, or fence, virtual or physical, can completely prevent a pet from escaping a containment area, or prevent persons or objects from entering a containment area and harming and/or taking a pet and Sunward Electronics is not responsible for such occurrences. Further, Sunward Electronics is not responsible for harm, including death, that may occur to an individual or other animal that enters an area where a dog or other pet is located. The Dog Guard containment systems are not solid barriers and will not work as intended without you – the owner – following our training program. Further, the Products are not for use with vicious animals or guard dogs. IF YOU BELIEVE YOUR DOG OR OTHER PET MAY POSE A THREAT TO OTHERS, DO NOT USE A DOG GUARD PET CONTAINMENT SYSTEM. Sunward Electronics is not responsible for harm (physical or psychological), injury or death of your dog or other pet for any reason including, but not limited to, excessive electronic stimulation, injury or death while in a containment area, injury or death outside a containment area, failure to locate a dog or other pet, theft of your dog or other pet, or animal abuse.
While Sunward Electronics employs industry standard technology and systems monitoring, it may utilize GPS, cellular, wi-fi, and/or Bluetooth networks that are not within the control of Sunward Electronics. This may cause disruptions to the Application, Software, Content, Products and/or Services which are beyond the control of Sunward Electronics.
25. End User License Agreement
This End User License Agreement (“EULA”) governs your use of the Software provided by Sunward Electronics. By downloading the Application provided by Sunward Electronics which includes the Software, including the Dog Guard Mobile Application, you agree to the terms of this EULA, in addition to the Terms set out above.
a. License Grant
Subject to the terms and conditions in this EULA, Sunward Electronics hereby grants you a non-exclusive, non-transferable, limited license to use the Software. The terms of this EULA will govern any upgrades provided by Sunward Electronics that replace, supplement, or modify the original Software unless such upgrade is accompanied by a separate license in which case the terms of that license will govern. You may activate and use the Software by downloading the Application, for example, through the Apple App Store or Google Play.
b. Terms of Use and Privacy Policy
Sunward Electronics’ Privacy Policy explains how Sunward Electronics treats your information and protects your privacy when you use the Application or the Software.
Your use of the features of the Application, including the Software and of any Content therein, is governed by the Terms in which this EULA is presently incorporated.
c. Use and Restrictions
You agree that you are solely responsible for (and that Sunward Electronics has no responsibility to you or to any third party for) your use of the Application and Software, any breach of your obligations under this EULA or the Terms in which this EULA is incorporated, and for the consequences (including any loss or damage which Sunward Electronics may incur) of any such breach.
You agree not to take any action to circumvent or defeat the security or Content usage rules provided, deployed or enforced by any functionality contained in the Application or Software.
This EULA does not allow you to use the Application or Software on a Product that you do not own or control, and you may not distribute or make the Application or Software available over a network where it could be used by multiple devices at the same time.
You agree not to use the Software in any manner that could damage, disable, overburden, or impair the Application (including servers or networks connected to any mobile application) provided by Sunward Electronics, including the Dog Guard Mobile Application.
i. Intellectual Property Rights
You acknowledge that the Application (including the Software and the Content) contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and that Sunward Electronics and/or third parties own all right, title and interest in and to the Application, Software and the Content, excluding any content provided by you, that may be presented or accessed via the Application, including without limitation all intellectual property rights therein. These intellectual property rights mean any and all rights existing from time to time under patent law, copyright law, trade secret law, unfair competition law, and any and all other proprietary rights, now or hereafter in force and effect worldwide.
You agree not to (and agree not to encourage or allow others to) copy, create derivative works, reproduce, modify, or distribute the Application or Software, or otherwise exceed the scope of the foregoing license. Subject to applicable law, you agree not to decompile, reverse engineer, disassemble, or otherwise attempt to learn the source code, structure, or algorithms underlying the Application or Software. You further agree not to (i) remove any copyright, trademark or other proprietary notice from the Application or Software; (ii) sublicense or transfer the Application or Software to a third party; (iii) extract or replace any part of the Application or Software; or (iv) sell, rent, lease, lend, provide commercial hosting services, or otherwise transfer the Application or Software for value.
d. Consent to Use of Data
You agree that Sunward Electronics may collect and use technical data and related information, including but not limited to technical information about your device, system, software, and peripherals, which is gathered periodically to facilitate the provision of updates to the Application and Software, product support, and other services to you (if any) related to the Application, including the Dog Guard Mobile Application, subject only to the Privacy Policy.
e. Apple Users
Additional Terms and Conditions for Apple Users. Note that the terms and conditions of this paragraph apply to you only if you downloaded a mobile application provided by Sunward Electronics through Apple Inc.’s App Store. You acknowledge that this EULA is between you and Sunward Electronics, and that Apple Inc. (“Apple”) bears no responsibility for any mobile application provided by Sunward Electronics or the contents thereof. The license grant under this EULA is a non-transferable license to use mobile applications provided by Sunward Electronics on any Apple-branded products that you own or control as permitted by this EULA and the Usage Rules set forth in the Apple Media Services Terms and Conditions, except that any mobile application provided by Sunward Electronics may be accessed and used by other accounts associated with you through “Family Sharing” (as defined in the Apple Media Services Terms and Conditions) or volume purchasing. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to any mobile application provided by Sunward Electronics. In the event of any failure of any mobile application provided by Sunward Electronics to conform to any applicable warranty, you may notify Apple, and Apple with refund the purchase price (if any) of the mobile application to you provided that, to the maximum extend permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Application. Apple is not responsible for addressing any claims by you or a third party relating to mobile application or your usage of the same, including, without limitation, (i) product liability claims; (ii) any claim that a mobile application provided by Sunward Electronics fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation. In the event of any third-party claim that any mobile application provided by Sunward Electronics or your possession and/or use thereof infringes a third party’s intellectual property rights, Apple will not be responsible for any investigation, defense, settlement, or discharge thereof. Apple and its subsidiaries are third-party beneficiaries of this EULA, and upon your acceptance of this EULA, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against you as third-party beneficiary thereof.
f. Ownership of Software
The Software is licensed and not sold. The Software is protected by copyright and other intellectual property laws and treaties. You agree that Sunward Electronics and its licensors retain all right, title, and interest in and to the Software and all copies of the Software, including all intellectual property therein.
Any rights not expressly granted to you are reserved by Sunward Electronics. Neither this EULA nor any act by Sunward Electronics pursuant to or in connection with this EULA (including, without limitation, the delivery or conveyance of any hardware or software product) shall be construed to provide expressly, by implication, by way of estoppel, or otherwise, any license or any rights under any patents, copyrights, trademarks or other intellectual property rights of Sunward Electronics, except as expressly provided herein.
g. Export Controls
You represent and warranty that you are not (i) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; or (ii) listed on any U.S. Government list of prohibited or restricted parties.
You hereby agree that you will (i) comply with all applicable Sanctions and Export Control Laws of the U.S. and any other country in which you intend to use or transport the Application provided by Sunward Electronics; (ii) you are solely responsible for ensuring that the Application is used, disclosed and/or transported only in accordance with all applicable Sanctions and Export Control Laws of the US and any other relevant country; and (iii) you will not re-export or transfer the Application, in any form, directly or indirectly, to any person or entity based in Cuba, Iran, Syria, Sudan, South Sudan, or North Korea.
h. Termination of the EULA
This EULA shall terminate immediately, without notice, if you fail to comply with any material term of this EULA; in such an event, you must immediately delete the Application and Software from your device(s). In addition, Sunward Electronics may terminate this EULA at any time upon notice to you and by posting notice on the Application, such as on the home screen for any Application for which the EULA is being terminated. You may terminate your future rights and obligations under this EULA at any time by permanently deleting the Application and Software from your mobile device in its entirety.
i. Miscellaneous
Compliance with all intellectual property laws and software licenses included in this EULA are the responsibility of the user. Sunward Electronics reserves the right to change the terms and conditions of this EULA by posting a revised EULA on the Application or by mailing or emailing notice thereof to you. In addition, Sunward Electronics may add, modify, or delete any aspect, program, or feature of the Application or Software. Sunward Electronics is further under no obligation to add any upgrade, enhancement, or modification to the Application or Software. You continued use of the Application or Software following any announced change thereto will be conclusively deemed acceptance of any change to the terms and conditions of this EULA (and acceptance of the version of this EULA then in effect). Accordingly, please review this EULA on a periodic basis.
26. Complete Agreement
Except as expressly provided in a particular “legal notice” on the Application, these Terms (including the EULA) and the Sunward Electronics Privacy Policy constitute the entire agreement between you and Sunward Electronics with respect to the use of and access to the Application, Software, Products, Services, and Content.
27. Comments and Questions
Questions or comments regarding the Application should be submitted to Sunward Electronics at the following:
Email: legal@dogguard.com
Phone: (800) 865-0495
