Terms and Conditions
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.
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.
We hereby grant you a revocable, limited license to access and make personal, non-commercial use of our Website. There is no cost to register for the newsletter on our Website (a “Registered User”) and you do not have to be a Registered User in order to browse our Website. However, as a Registered User, our Website may afford you greater opportunities to use and/or purchase certain products, offerings, features, resources or services contained on or offered through our Website including, without limitation, information in the form of newsletters, DVDs, books, dog training supplies and accessories (individually and collectively “Product(s)”). In addition, you must be a Registered User in order to participate in, and to contribute to, any Community Area. A “Community Area” means any group page, chat room, message board, bulletin board, or similar activity area where you can communicate with other Registered Users and/or post Submissions (as defined below). 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.Registered User Account
If you elect to become a Registered User, you will be asked to set up an account with a password (a “Registered User Account”) and in connection therewith, you agree to provide us with true, accurate and complete information about yourself (collectively the “Registered User Data”), and to maintain and promptly update the Registered User Data and any other information you provide to us. You may not use a user name or other user identification or password that is already being used by another Registered User, that may be construed as impersonating another Registered User or any other person, that violates the intellectual property or other rights of any other Registered User or any other person, that is offensive or that we may reject for any other reason in our sole discretion. Without limiting any other provision of these Terms & Conditions, if you provide any information that is untrue, inaccurate, or incomplete, or if we in our sole discretion have reasonable grounds to suspect that any Registered User Data is untrue, inaccurate, or incomplete, we reserve the right to suspend or terminate your Registered User Account and refuse any and all current and/or future use of and/or access to our Website (or any portion thereof). You agree not to assign, transfer or sublicense your rights as a Registered User. You further agree not to register for more than one Registered User Account, create a Registered User Account on behalf of someone else, or create a false or misleading identity on our Website. You are entirely responsible for maintaining the confidentiality of your password and Registered User Account information. You agree to notify us immediately in the event of any known or suspected unauthorized use of your Registered User Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your or anyone else’s password or any other breach of security known to you. You are entirely responsible for any and all activities which occur under your Registered User Account. If you do not comply with these Terms & Conditions at any time, we reserve the right, to terminate your Registered User Account, your password, and/or access to our Website (or any part thereof) and all related information and/or files relating to your Registered User Account and/or we may bar any further access by you to such information and/or files and/or to our Website. Further, you agree that we shall not be liable to you or any third party for any such termination or cancellation of your access to, or use of, our Website.
The price of the Products will vary based on which Products you select. We may offer a trial period option which would require an initial payment at the start of the trial and the remaining balance would be paid after the trial period expires, unless you cancel the subscription. If you purchase a subscription to our Program that requires recurring payments and you later wish to discontinue making recurring payments after the Refund Period (as defined below) has ended, you will be required to cancel your subscription.
You have a full 120 days (the “Refund Period”) to try our Products. If for any reason during the Refund Period you are dissatisfied with our Program and related Products, simply submit a refund request using our Contact Us page. Our customer service team will process the return and accounts will be credited within 5 business days. All purchases made after the expiration of the Refund Period are final.
6.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 Registered 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 Registered 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 Registered 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 Registered Users of our Website, including user names or other identification or passwords; or
xiii. Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other Registered Users of our Website, including user names or other identification or passwords; or
xiv. Access or attempt to access another Registered User’s Registered User Account without such Registered 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.
8.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.
9.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.
10.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.
11.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.
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 Registered User Account, of any intellectual property or other right of any person or entity.
13. Governing Law
This Agreement shall be governed by the laws of Cyprus, without reference to conflict of laws principles. Any disputes under this Agreement shall be resolved in a court of general jurisdiction in Cyprus. You hereby expressly agree to submit to the exclusive personal jurisdiction of this jurisdiction for the purpose of resolving any dispute relating to this Agreement or access to or use of the Services by You.
14. Miscellaneous Terms
15. 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.
We respect the intellectual property of our Registered Users and others, and we ask our Registered Users to do the same. We may, in appropriate circumstances and in our sole discretion, terminate the rights of any Registered 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 firstname.lastname@example.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 email@example.com 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. You may also mail your concerns to us at the following address:
A division of Digitools Limited
Mailing Address: Execo Business Centre
Sarasota, Florida 34238
Ph: (213) 375-8264
A division of Digitools Limited
Office: Execo Business Centre
77 Strovolos Av., Strovolos Center,
4th Floor, Office 12-D5.
Strovolos 2018, Nicosia, Cyprus.