Terms and Conditions

DigiTools Limited operates the website https://www.k9ti.org and/or at other websites on the Internet now or that may be located on the Internet hereafter (individually and collectively the “Website”), and your use of our Website is deemed to be your agreement to be bound by the following terms and conditions of use and by all other terms and policies displayed on our (individually and collectively “these Terms & Conditions”) and to our privacy policy (the “Privacy Policy”). We hereby reserve the right, in our sole discretion, to change, modify, add or remove any or all of these Terms & Conditions at any time by posting a revised version of these Terms & Conditions on our Website. Your use of our Website after we post any such revised version of these Terms & Conditions shall be deemed your agreement to and acceptance of any changes made therein from the original, whether or not you have reviewed them. If you do not agree to these Terms & Conditions or to any revised version of these Terms & Conditions, you should not use our Website and cancel your registration with us. You hereby warrant and represent that you are of legal age to accept these Terms & Conditions and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms and Conditions, and to abide by and comply with these Terms and Conditions.

1.Special Terms

a.Parental or Legal Guardian Permission

Children between the age of 18 may use our Website only with the permission and active involvement of a parent or legal guardian. If you are a minor, please do not provide us or other visitors to our Website with any personal information and if you believe that a minor has submitted personal information without the permission and involvement of a parent or legal guardian, please contact us so that we may take appropriate action.

b.Privacy

We are committed to protecting your privacy and security. For more information, please review our Privacy Policy, which is hereby incorporated into these Terms & Conditions by this reference.

c.Health Disclaimer

Our Website provides dog training information and supplies over the Internet and is intended only to assist users in their dog training and ownership efforts. Nothing contained on or made available to you through our Website should be construed as medical advice or diagnosis. The information and reports furnished by us should not be interpreted as a substitute for physician consultation with dog trainers, behaviorists or veterinary specialists. You are urged and advised to seek the advice of a specialist in case your dog displays unnatural or aggressive behavior. Our Website is intended for use only by normal dog owners. Our Website is not intended for use by minors, or individuals with any type of health or medical condition for dogs that have displayed violence or fierce attitude.

2.Website Access

We hereby grant you a revocable, limited license to access and make personal, non-commercial use of our Website. In our sole discretion and without prior notice or liability to you, we may discontinue, modify or alter any aspect of our Website including, but not limited to restricting the time our Website is available, restricting the amount of use permitted and/or restricting or terminating any user’s right to use our Website.

3.RECURRING PAYMENTS

If you chose the 3 month installment payment plan for our Total Transformation Masterclass when you purchased, your card will automatically be charged the same amount as your initial installment payment 30 days and 60 days after your initial installment payment. These automatic payments cannot be cancelled unless you ask for a refund for the Total Transformation Masterclass.

4.REFUND POLICY

Different products in our website may have different refund policies and refund periods associated with them, which are clearly mentioned on our website prior to your purchase of those products. You can submit a refund request using our Contact Us page. If you are eligible to receive a refund for a particular purchase, our customer service team will process the refund and will credit the original mode of payment that you had used to pay for the product within 10 business days from the date that you submitted the refund request. How long the refund takes to show up in your account after that depends on the policies of your bank or financial institution. All purchases made after the expiration of the refund period for a particular product are final. Refunds can only be issued to the original mode of payment that was used to pay for the product. It is your responsibility to ensure that the original mode of payment is active and eligible to receive refunds at the time that our customer service team processes your refund. We are unable to issue refunds using any other method of payment regardless of the reason as to why your original mode of payment is unable to receive refunds.

5.Community Standards and Conduct Guidelines

a. You acknowledge that all Content (as defined below) posted, emailed, or otherwise transmitted to or on our Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to our Website. We do not control the Postings posted, emailed or otherwise transmitted to or on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Although we have adopted community standards and conduct guidelines for our users (as described below), you hereby acknowledge that by using our Website, you may be exposed to Postings that are offensive or objectionable. Under no circumstances shall we be liable to you in any way for any Postings (other than for Content developed by us) including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use by you of any Postings posted, emailed or otherwise transmitted to or on our Website.

b.You agree not to use our Website (including any Community Area) to:

i.Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

ii. Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

iii. Impersonate any person or entity, including, but not limited to any user of our Website, a director, officer, employee, shareholder, agent or representative of K9 Training Institute, our affiliates or any other person or entity, or falsely state or otherwise misrepresent your affiliation with K9 Training Institute, or our affiliates or any other person or entity;

iv. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through our Website;

v. Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

vi. Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

vii. Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose;

viii.Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or systems;

ix. Disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of a Community Area (or other portion of our Website) are able to type, or otherwise act in a manner that negatively affects or otherwise diminishes the quality of another user’s experience of our Website;

x. Interfere with or disrupt our Website or servers or networks connected to our Website, or disobey any requirements, procedures, policies or regulations of networks connected to our Website;

xi. Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

xii. “Stalk” or otherwise harass another user or employee of our Website;

xiii. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of our Website, including user names or other identification or passwords; or

xiv. Access or attempt to access another user’s Account without such user’s consent.

c. Your right to use our Website (including any Community Area) and contribute to discussions on any Community Area is conditioned upon your compliance with these community standards and conduct guidelines set forth herein. We may revoke your access to all or a portion of our Website and/or take any other appropriate measures to enforce these community standards and conduct guidelines if violations are brought to our attention. Further, if you fail to adhere to our community standards and conduct guidelines, or any of these Terms & Conditions, we may, in our sole discretion, terminate your use of, or participation in, any Community Area.

d. Except as may otherwise be provided in our Privacy Policy, all Community Area communications including, but not limited to, chat, message board, blog, group, and profile communications, are public, not private, communications. We reserve the right to monitor some, all, or no areas of our Website (including any Community Area) for adherence to these community standards and conduct guidelines set forth herein or for any other purpose. You hereby acknowledge that by providing you with the ability to distribute Postings in any Community Area, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability to you or any third party relating to any Postings or activities in any Community Area, nor do we endorse any such Postings. Although we hereby reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review Content prior to the Content’s posting or to delete Postings that you may find objectionable or offensive. We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you may incur in the event that Content you post or transmit to our Website has been removed.

6.Submissions

If, at our request or on your own, you send, email, post or otherwise transmit to us or our Website any Content, (collectively, the “Submissions”), you hereby grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Submissions (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Submissions in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Submissions. You also hereby warrant that, to the extent you are not the exclusive holder of all Rights in any Submissions, any third party holder of any Rights, including moral rights in such Submissions, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the right and license as stated above. You further hereby acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to you or to the provider or rights holder of the Submissions. You also permit any user to access, display, view, store and reproduce any Submissions that you have made available in any Community Area for personal use. Subject to the foregoing, the owner of any Submissions placed on our Website retains any and all Rights that may exist in such Submissions. Except as provided in our Privacy Policy, none of the Submissions shall be subject to any obligation of confidence on our part, and we shall not be liable to you or any third party for any use or disclosure of any Submissions. Submissions may not be illegal, misleading, false, fraudulent (including, without limitation, in connection with the impersonation of another person or entity), defamatory, indecent or obscene, in poor taste, threatening, infringing of any third party proprietary, confidentiality or fiduciary rights, invasive of personal privacy, or relate to any person under the age of 18 or otherwise be objectionable. In addition to and without limitation of the foregoing, Submissions may not be used for spamming purposes including, without limitation, for any unsolicited commercial e-mail, links to comment spam on blogs and social networks, links to any illegal content such as counterfeit pages or so-called “phishing” pages, links to viruses, adware, spyware or other malicious code, or search engine spamming or contain viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or contain any request for or solicitation of any personal or private information from any person or entity, or contain any request for or solicitation of money, goods, or services for private gain, or contain advertising, promotions or marketing, or otherwise have a commercial purpose inconsistent with the purposes of our Website. We may disclose and/or remove Submissions without any notice or liability to you. We reserve the right to monitor all Submissions and we reserve the right to refuse to post Submissions that are in violation of these Terms & Conditions or of any laws or regulations without any notice or liability to you. We reserve the right to require that you avoid certain subjects, if doing so will help ensure compliance with applicable laws. We reserve the right to remove or block, but we do not have the obligation to remove or block, any Submissions at any time without any notice or liability to you at our sole discretion. We reserve the right to disclose any Submissions and the identity of the user who submitted such Submissions in response to a subpoena or whenever disclosure is appropriate to comply with the law or a court order, to prevent or investigate a possible crime or other violation of law, to protect our rights or the rights of others, or to enforce these Terms & Conditions. In addition, we reserve the right to terminate your access to and use of our Website or any part thereof or to censor, edit or block your transmissions thereto in our sole discretion without any notice or liability to you. You agree that the exercise of such discretion shall not render us the owner of any Submissions, and the user who submitted made Submissions available on or through our Website will retain ownership thereof as described above. You may report objectionable Submissions on the Website by contacting us. We will review all such requests and will remove content that we determine should be removed, in our sole discretion, in accordance with these Terms & Conditions and in accordance with applicable law.

7.Third Party Products and Services

You may order services, merchandise and/or other Products through our Website from other parties or through links to websites owned and/or controlled by other parties (collectively, the “Third Party Sellers”). All matters concerning the services, merchandise and/or other Products offered by the Third Party Sellers including, but not limited to, purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Third Party Sellers. We make no warranties or representations whatsoever with regard to any services, merchandise and/or other Products provided by the Third Party Sellers and we will not be construed as a party to any transactions between you and the Third Party Sellers, regardless of whether we receive any revenue or other consideration in connection with such transactions, and we will not be liable to you or any third party for any costs or damages directly or indirectly arising out of or related to any such transactions.

8.Restrictions on Use of Materials

Our Website contains information, software, photos, video, text, graphics, music, sounds, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, drawings, articles and other materials (collectively, “Content”) that are protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is protected under the United States copyright laws (and, if applicable, similar foreign laws), and we own the copyright in the selection, coordination, compilation, arrangement and enhancement of such Content. All trademarks appearing on our Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have proprietary rights in the Content which they make available on our Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any purpose other than as specifically permitted hereunder including, but not limited to, use of any Content on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

9.Disclaimers of Warranties

OUR WEBSITE AND THE PRODUCTS, CONTENT AND MATERIALS ON OR AVAILABLE THROUGH OUR WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT OUR WEBSITE OR ANY FUNCTION CONTAINED IN OR SERVICES PROVIDED THROUGH OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT OUR WEBSITE OR THE SERVERS THAT MAKE OUR WEBSITE AVAILABLE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY PRODUCT, CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, CONTENT OR MATERIAL. NEITHER WE NOR ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, CONTENT OR MATERIALS IN OUR WEBSITE OR THE CORRECTNESS, ACCURACY OR RELIABILITYTHEREOF. NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH OUR WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS & CONDITIONS.

10.Limitation of Liability

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER WE NOR ANY OF OUR AFFILIATES NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM: (A) THE USE OR THE INABILITY TO USE OUR WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON OR AVAILABLE THROUGH OUR WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO OUR WEBSITE; (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING OUR WEBSITE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF OUR WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

11.Indemnification

You hereby agree to indemnify, hold harmless and, at our option, defend us and our affiliates, and our and their respective officers, directors, employees, stockholders, agents and representatives from any and all claims, liability, damages and/or costs (including, but not limited to, reasonable attorneys fees and expenses) arising from or out of your improper or unauthorized use of our Website or our Products, your violation of these Terms & Conditions, or your infringement, or the infringement or use by any other user of your user Account, of any intellectual property or other right of any person or entity.

12. Miscellaneous Terms

In any action against us arising from the use of our Website, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, and reasonable attorney’s fees. If any provision of these Terms & Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions, together with the, Privacy Policy, the Health Disclaimer, the Compensation Disclosure and any terms and/or policies posted on our Website other constitute the entire agreement between you and us relating to the subject matter herein. These Terms & Conditions will inure to the benefit of our successors, assigns and licensees. Any failure by us to insist upon or enforce the strict performance by you of any provision of these Terms & Conditions, or to exercise any right under the Terms & Conditions, will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect. All legal disputes related to card processing are handled under Cyprus Law.

13. Delivery Policy

Delivery Policy (for Tangible Goods)

Shipping costs for your order are non-refundable. The date of delivery for your order may vary due to carrier shipping practices, delivery location, method of delivery and the quantity of items ordered, and in addition your order may be delivered in separate shipments. You are responsible for all taxes applicable to the delivery of your order, including sales tax, value added tax, custom duties and excise duties. If there is any damage to the items that you ordered on delivery, you must contact us within 5 days from receipt of your order.

Delivery Policy (for Downloadable Digital Goods)

Upon receipt of your order, you will be prompted with your access credentials, download links immediately and you will also receive an e-mail from us with instructions to login and / or to download the products. If you are prompted to begin your download immediately, your completion of the download will constitute delivery to you of the item(s) you purchased. If you receive an e-mail from us with instructions to login or complete your download, the receipt by you of the e-mail will constitute delivery by us to you of the item(s) you purchased. In case you are unable to download the item(s) you purchase or you do not receive an e-mail from us with instructions to login or to complete your download, you must contact us within 5 days from the date of your order. If you do not contact us within 5 days from the date of your order, the item(s) you purchased will be considered received, downloaded and delivered to you.

14.Copyright Policy

We respect the intellectual property of our users and others, and we ask our users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others.

For Owners of Copyrighted Works

If you are a copyright owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright law, please report alleged copyright infringements taking place on or through the Site by sending us a written notification via email at info@k9ti.org. Your notification must include substantially the following:

a) a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;

b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on our Website are covered by a single notification, a representative list of such works);

c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;

d) your name, mailing address, telephone number and email address;

e) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and

f) a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.

Please note that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability for damages

For Users Who Wish To Restore Disabled or Removed Materials

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, please send us a counter-notice via email at info@k9ti.org and submit the following in writing:

a) a physical or electronic signature;

b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;

c) a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.

d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for the judicial district in which we may be found, and that you will accept service of process from the person who provided notification or an agent of such person.

Upon receipt of a counter notification, we will forward it to the party who submitted the original copyright infringement claim. The complainant will then have 10 days to notify us that he or she has filed legal action relating to the allegedly infringing material. If we do not receive any such notification within 10 days, we may restore the material to our Website.

HOW TO CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention via our contact page.