1. PURCHASE AGREEMENT
WHEN YOU PURCHASE FROM THIS WEBSITE, YOU, THE BUYER, ARE CLAIMING THAT YOU HAVE READ, ACCEPTED, AND FULLY UNDERSTAND THE TERMS OF THIS AGREEMENT.
Dear Valued Customer and Dog Lover,
The Online Dog Trainer is truly a great product and we’re sure you’ll be happy that you got it. In fact, we guarantee your satisfaction with our 60 day no-hassle, no-questions-asked, 100% refund policy as described on ClickBank’s (our 3rd party payment processor) website here: https://accounts.clickbank.com/return_policy.html
The complete agreement that follows is designed by lawyers so is a little long (forgive us!). It lays out our rights and duties and your rights and duties as well as various disclaimers and limitations of liability. You are encouraged to read the following Purchase Agreement.
You can be assured that whatever claims and promises are made in plain English in the promotional materials or on our website – we honour them and we guarantee them with a no-questions-asked, full 60 day refund policy.
Go for it! With The Online Dog Trainer you’ll never look back, and we wish you every success in creating a boundless relationship with your dog!
“You” means the person or company who is being licensed to use the Information, Videos and Audios where included. “We,” “us” and “our” means The Online Dog Trainer.
We hereby grant you a non exclusive license to use any videos, audios and text information included in the membership package, on any single computer, provided the materials are in use on only one computer at any time. The materials are “in use” on a computer/ipod/ipad etc. when you are individually logged in to the The Online Dog Trainer membership site on the World Wide Web (internet).
We remain the owner of all right, title and interest in The Online Dog Trainer videos, audio files and text information.
Things You May Not Do
The Online Dog Trainer name, logo, all marketing material, videos, audios and text information are protected by New Zealand and International copyright laws and international treaties.
You may not:
Download any material without written permission,
Modify or adapt any material on The Online Dog Trainer.
Reverse engineer, disassemble, decompile or make any attempt to discover the source code of the The Online Dog Trainer web site or the materials contained within.
Place any materials onto a server so that it is accessible via a public network such as the Internet, or
Sublicense, rent, lease or lend your membership to The Online Dog Trainer or any portion of The Online Dog Trainer materials.
You may not transfer any of your rights to use The Online Dog Trainer materials to another person or legal entity.
We warrant that for a period of 60 days after delivery of your access login information to The Online Dog Trainer membership site:
The materials will perform in substantial accordance with the Documentation.
To the extent permitted by applicable law, THE FOREGOING LIMITED WARRANTY IS IN LIEU OF ALL OTHER WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AND WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES OR CONDITIONS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, NON INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, regardless of whether we know or had reason to know of your particular needs. No employee, agent, dealer or distributor of ours is authorized to modify this limited warranty, or to make any additional warranties.
Our entire liability and your exclusive remedy for breach of the foregoing warranty shall be, at our option, to:
Return the price you paid only if you can supply acceptable proof of your receipt.
IN NO EVENT WILL WE BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING ANY LOST PROFITS, LOST SAVINGS, OR OTHER INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING FROM THE USE OR THE INABILITY TO USE THE THE ONLINE DOG TRAINER MEMBERSHIP SITE EVEN IF WE OR AN AUTHORIZED DEALER OR DISTRIBUTOR HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), OR FOR ANY CLAIM BY ANY OTHER PARTY.
Term and Termination
This license agreement takes effect upon your use of The Online Dog Trainer MEMBERSHIP SITE and remains effective until your membership period is terminated. You may terminate your membership at any time within the membership period by clicking the ClickBank link in your purchase notification email or visiting the FAQ page in the membership site http://www.theonlinedogtrainer.com/members/faq. Please note your account is held with ClickBank and it will take 48 hours to process a cancellation. It will also automatically terminate if you fail to comply with any term or condition of this license agreement.
The materials contained within The Online Dog Trainer contain trade secrets and proprietary know-how that belong to us and it is being made available to you in strict confidence. ANY USE OR DISCLOSURE OF THE SOFTWARE, OR OF ITS ALGORITHMS, PROTOCOLS OR INTERFACES, OTHER THAN IN STRICT ACCORDANCE WITH THIS LICENSE AGREEMENT, MAY BE ACTIONABLE AS A VIOLATION OF OUR TRADE SECRET RIGHTS.
2. TERMS AND CONDITIONS OF USE
We have taken every effort to design our Web site to be useful, informative, helpful, honest and fun. Hopefully we’ve accomplished that — and would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want.
All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Naturally, if you don’t agree, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of The Online Dog Trainer Web site means that you accept those changes.
THANKS AGAIN FOR VISITING!
Restrictions on Use of Our Online Materials
All Online Materials on The Online Dog Trainer site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by The Online Dog Trainer. You, the visitor, may use the Online Materials for non-commercial, personal use only provided you:
1) retain all copyright, trademark and propriety notices,
2) you make no modifications to the materials,
3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and
4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute any Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on The Online Dog Trainer site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.
Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by The Online Dog Trainer or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.
Submitting Your Online Material to Us
That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to The Online Dog Trainer mission, without compensating you or anyone else for them.
You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.
Limitation of Liability
The Online Dog Trainer WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.
THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:
• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
◦ DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
◦ DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES.”)
◦ OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)
WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.
HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.
Links to Other Site s
We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your WWW browser to see if you are still in The Online Dog Trainer-operated site or have moved to another site. The Online Dog Trainer is not responsible for the content or practices of third party sites that may be linked to our site. When The Online Dog Trainer provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that The Online Dog Trainer is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any The Online Dog Trainer site or endorsement, sponsorship or support of The Online Dog Trainer, including its respective employees, agents or directors.
Jurisdiction and Other Points to Consider
If you use our site from locations outside of New Zealand, you are responsible for compliance with any applicable local laws.
To the extent you have in any manner violated or threatened to violate The Online Dog Trainer and/or its affiliates’ intellectual property rights, The Online Dog Trainer and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in New Zealand, and you consent to exclusive jurisdiction and venue in such courts.
This license agreement shall be governed by, construed and enforced in accordance with the laws of New Zealand, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.
To the extent you have in any manner violated or threatened to violate The Online Dog Trainer and/or its affiliates’ intellectual property rights, The Online Dog Trainer and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in New Zealand and you consent to exclusive jurisdiction and venue in such courts.
• This written license agreement is the exclusive agreement between you and us concerning the materials on The Online Dog Trainer and supersedes any prior purchase order, communication, advertising or representation concerning the Software.
• In the event of litigation between you and us concerning the materials on The Online Dog Trainer, the prevailing party in the litigation will be entitled to recover attorney fees and expenses from the other party.
Any other disputes will be resolved as follows:
If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator in the following location: Auckland. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.
If it proves impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration at the following location: Auckland. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.
The application of the United Nations Convention on Contracts for the International Sale of Goods, as amended, is expressly excluded.