Terms-Of-Service

HTTP://dogtrainingcode.com/ TERMS OF SERVICE

Effective as of December 1st, 2014

These Terms of Service (“TOS”) are a legal agreement between you (“you”), and http://dogtrainingcode.com/ (“company”, “we” or “us”) which will govern your use of the website located at http://dogtrainingcode.com/ (the “Website”). Before accessing, visiting and/or using the Website, you should read carefully the terms and conditions contained in these TOS, as we will license the use of the Website, software, materials, and information to you only provided that you accept and agree to all of the terms and conditions contained in these TOS. If you do not agree with these TOS or our Privacy Policy, you may not access, use or visit the Website and are instructed to stop all use of the Website immediately.

BY ACCESSING, VISITING AND USING THE WEBSITE, OR ANY PART THEREOF, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, THAT YOU UNDERSTAND IT AND ITS TERMS AND CONDITIONS, AND THAT YOU AGREE TO BE LEGALLY BOUND BY IT AND ITS TERMS AND CONDITIONS.

1. THE SERVICE. These TOS applies to your access and use of the Website. Subject to your full compliance with These TOS, these TOS provide you with a limited, non-exclusive, non-transferable, non-sublicenseable license to access and use Website solely for your personal, non-commercial use.

At all times, you represent and warrant that you will comply with these TOS. In addition, by accessing, or using the Website, you agree to be responsible for and to abide by all applicable laws, rules and regulations with respect to your use of the Website. You also represent that you will, at all times, provide true, accurate, current, and complete information. If you provide any false, inaccurate, untrue, or incomplete information, or violate any law or intellectual property right, we reserve the right to terminate immediately your access to and use of the Website. Subject to our right to monitor and audit compliance, you acknowledge and agree that it is your responsibility to maintain compliance with the terms and conditions of these TOS. We assume no responsibility or liability for any claims that may result directly or indirectly from the communications or interactions you establish with other persons or entities using the Website. You also acknowledge and agree that use of the Internet and access to the Website is solely at your own risk. While we have endeavored to create a reasonably secure and reliable the Website, you should also understand that the confidentiality of any communication or material transmitted to or from the Website over the Internet or other form of global communication network cannot be guaranteed. Accordingly, we are not responsible for the security of any information transmitted to or from the Website.

You may not (i) use, copy, store, reproduce, transmit, distribute, display, rent, lease, sell, modify, alter, license, sublicense, or commercially exploit the Website (or any part thereof) in any manner not expressly permitted under these TOS; (ii) reverse engineer, decompile, disassemble, translate, or create any derivative work of the Website (or any part thereof); (iii) access, link to, or use any source code from the Website (or any part thereof); (iv) erase or remove any proprietary or intellectual property notice contained in or on the Website (or any part thereof); or (v) use or permit use of the Website (or any part thereof) for or by any person or entity (including affiliates and subsidiaries) other than yourself. In addition, you shall not enter into any contractual relationship or other legally binding obligation with any third party or person which shall have the purpose or effect of encumbering us or the use of the Website (or any part thereof). You acknowledge and agree that exceeding the scope of the license herein shall be a material breach of these TOS and, inter alia, subject to the termination provisions set forth herein.

2. WEBSITE ACCESS; ACCOUNT DELETION. We may take any of the following actions in our sole discretion at any time and for any reason without giving you prior notice: (i) Restrict or terminate your access to the Services; (ii) Change or discontinue the Services; (iii) Provide information concerning you and your activities to comply with applicable laws or respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy; (iv) We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these TOS; and (v) If you want to delete your account on a Service, please use contact instructions posted on the Service at which you obtained the account.

3. PROPRIETARY RIGHTS. These TOS provide only a limited license to access and use the Website. However, you expressly acknowledge and agree that we do not grant any implied right to you or any other person and transfers ownership or intellectual property interest or title in or to the Website (or any part thereof) to you or anyone else. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including html code), programs, software, databases, information, and documentation associated with the Website as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of the Website, unless otherwise indicated, are owned, controlled, and licensed by us or our licensors and are protected by law including, but not limited to, United States copyright, trade secret, patent, and trademark law, as well as other state, national, and international laws and regulations. The Copyright is owned by us and/or our licensors.

4. PRIVACY POLICY. Our Privacy Policy describes how we access and store your information when you access, visit or use the Website, and is incorporated in these TOS by reference. By accessing, visiting and using the Website, you agree and understand that we will use your information as set forth in our Privacy Policy.

5. REPRESENTATIONS AND WARRANTIES. You represent and warrant that (i) you are at least eighteen (18) years of age or the legal age of majority; (ii) you are authorized to enter into these TOS; (iii) you are authorized and able to fulfill and perform the obligations and meet the conditions set forth herein; (iv) any information or data you provide to us will not violate any law or regulation or any third party or person’s right; and (v) you will comply with all applicable laws in your use of the Website.

6. NO WARRANTY. THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND WE HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT THAT IS OR MAY BE AVAILABLE VIA THE WEBSITE; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; OR (V) ANY ERRORS OR OMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF OR INABILITY TO USE THE WEBSITE. YOU ASSUME THE TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY PART THEREOF. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE IS TO STOP USING THE WEBSITE.

7. LIMITATION OF LIABILITY. IN NO EVENT WILL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE, OR ANY PART THEREOF; (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE; (III) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS; (V) ANY ERRORS OR OMISSIONS IN THE WEBSITE OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT PUBLISHED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VI) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TOS OR OUR PRIVACY POLICY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THESE TOS, TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, EXCEED US$500.

YOU ACKNOWLEDGE THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE UNKNOWN OR ARE UNSUSPECTED. ACCORDINGLY, YOU AGREE TO WAIVE THE BENEFIT OF ANY LAW, INCLUDING, TO THE EXTENT APPLICABLE, CALIFORNIA CIVIL CODE § 1542, THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS.

SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.

8. INDEMNIFICATION. You agree to defend, indemnify and hold us, our parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including but not limited to attorney’s fees) arising from: (i) your access to or use of the Website; (ii) your violation of these TOS; or (iii) your violation of any third party right, including without limitation, any intellectual property right, or privacy right.

9. GOVERNING LAW. These TOS has been made in and will be construed and enforced solely in accordance with the laws of the State of New York, U.S.A., as applied to agreements entered into and completely performed in the State of New York. The state or local courts in the State of New York will have exclusive jurisdiction and venue over all controversies in connection with these TOS, and you hereby consent to such exclusive and personal jurisdiction and venue. You also acknowledge and agree that any applicable state law implementation of the Uniform Computer Information Transactions Act (including any available remedies or laws) shall not apply to these TOS and is hereby disclaimed. You access and use the Website on your own volition and are responsible for compliance with all applicable local laws with respect to your use.

10. TERM AND TERMINATION. These TOS and your right to use the Website will take effect at the moment you access the Website and will remain in effect until terminated as set forth below. We may terminate these TOS at any time and for any reason, which shall include, without limitation, any reasonable belief of fraud, illegal activity, or actions or omissions that violate any term or condition of these TOS. You acknowledge and agree that we shall have the sole right to determine in our reasonable discretion whether you are engaging in any unauthorized activity and/or violating any term or conditions of these TOS. Termination or expiration of these TOS will be effective without notice. We shall also not be responsible or liable for any damages or loss, such as loss of sales or profits, as a result of any termination of these TOS in accordance with this Section. You may terminate these TOS at any time by ceasing to use the Website, but, all applicable provisions of these TOS will survive termination, as outlined below. If requested by us, you shall provide written confirmation of your compliance with this obligation. Any licenses from us and any right to use the Website shall immediately cease upon termination of these TOS. The provisions concerning proprietary rights, confidentiality, feedback, representations and warranties, warranty disclaimer, limitation of liability, indemnification, governing law, enforcement, termination, notices, and the miscellaneous terms will survive the termination or expiration of these TOS for any reason.

11. NOTICES. All notices, demands, and other communications to be given or delivered under or by reason of the provisions of these TOS shall be in writing (electronic or tangible copy) and shall be deemed to have been given when delivered, by first class U.S. Mail, return receipt requested, in person, by commercial overnight courier (e.g., FEDERAL EXPRESS), with constructive receipt deemed to have occurred three (3) calendar days after being mailed, or when receipt is acknowledged if sent by facsimile or other electronic transmission device.

12. LINKS TO OTHER SITES. We may provide links, in our sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by us and are maintained by third parties over which we exercise no control. Accordingly, we expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Websites. Moreover, these links do not imply an endorsement with respect to any third party or any Website or the products or services provided by any third party.

13. MISCELLANEOUS. Notwithstanding anything herein, you acknowledge that the Website is provided by us on a non-exclusive basis, and we shall have the right to enter into similar business relationships with other entities or persons and to perform the Services for others during the term of these TOS. The relationship between you and us is and shall be that of independent contractors and nothing in these TOS shall be construed or used to create or imply any relationship of partners, joint venturers, or employer and employee. These TOS shall bind and inure to the benefit of your affiliates or to any successor by law or by sale of substantially all of your assets, and to any person or entity which uses the Services or Software on your behalf. We may assign these TOS in whole or in part and otherwise delegate its rights and responsibilities and use contractors to fulfill its obligations under these TOS. Failure by us to insist on strict performance of any of the terms and conditions of these TOS will not operate as a waiver of that or any subsequent default or failure of performance. In the event any provision of these TOS is found by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, you agree that unless it materially affects the entire intent and purpose of these TOS, the invalidity, voidness, or unenforceability shall affect neither the validity of these TOS nor the remaining provisions herein, and the provision in question shall be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. Headings are for convenience only and have no legal or contractual effect. These TOS, and our Privacy Policy (as applicable), which are all hereby incorporated by reference as if set forth fully herein, represent the entire agreement between you and us with respect to any use of the Website, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between you and us with respect to the Website. Please note that we reserve the right to change the terms and conditions of these TOS and under which the Website is extended to you by providing you in writing or electronically a copy of such revised terms (or notice thereof). We also have the exclusive right to provide updates, upgrades, and/or changes to any aspect of the Website at any time. Notwithstanding your right to terminate these TOS at any time, your continued use of the Website following any such change to the Website will be deemed acceptance of any change to these TOS or the Website. Please check these TOS periodically to review any changes.