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Terms & Conditions including Liability Waiver and Release and copyright

By accessing or using any areas of our website you are bound by the terms and conditions set forth below, as well as the terms of our website Privacy Statement. If you do not accept these terms and conditions, you may not access or use this website. We retain the right to modify these terms and conditions at any time by posting new terms and conditions on this page.

WebDogTrainer,LLC maintains this site for your information and education. You may not download, distribute, transmit, modify, reuse, report, or use the contents of the Site for public or commercial purposes, including the text, images, audio, and video without webDogTrainer,LLC’s written permission.

Your access and use of the Site is also subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the site, you accept, without limitation or qualification, the Terms and Conditions below.

1. You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text of the site.

2. YOUR USE OF THE SITE AND EMAIL SUPPORT IS AT YOUR OWN RISK. WebDogTrainer, LLC. MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND WebDogTrainer, LLC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. NEITHER WebDogTrainer, LLC NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE OR ACCESS, THE SITE. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

3. Features and specifications of products described or depicted on the Site are subject to change at any time without notice.

4. WebDogTrainer, LLC  Assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video, or audio from the Site.

5. If you send any communications or materials to the Site by email or otherwise, including any data, questions, comments, suggestions, or the like, excluding information protected by the Privacy Policy, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post, other than that which is protected by the Privacy Policy, may be used by WebDogTrainer, LLC. or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, WebDogTrainer,LLC. is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

6. Materials displayed on the site are either the property of, or used with permission by, WebDogTrainer,LLC. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission is provided elsewhere on the Site. Any unauthorized use of the text or images may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes.

7. The Site refers to products and/or services that are generally available in the United States, but may not be available in your particular country or locality. The reference to any such products or services in this Site 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 your local authorized professional for specific product/service availability in your locality.

8. WebDogTrainer,LLC. is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While WebDogTrainer,LLC. may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. WebDogTrainer,LLC. disclaims all warranties, express and implied, as to the accuracy, validity, legality, or otherwise of any materials or information contained on such sites.

9. WebDogTrainer,LLC. may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and Conditions, you should therefore periodically visit this page by clicking the Terms and Conditions hyperlink at the bottom of the WebDogTrainer,LLC. web pages to review the then current Terms and Conditions.

10. This Site and these Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws. You may not use or export or re-export the materials or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If you choose to access this Site from outside the United States, you do so on your own initiative and are responsible for compliance with applicable local laws.

 

Permission to Use this Website
Many portions of this website are available for public viewing and use. You must register or enter into a separate agreement with webDogTrainer to access other portions of this website. Subject to the terms and conditions set forth on this page, and our Privacy Statement, and the terms and conditions of any license or other agreement pursuant to which you use our products or services, webDogTrainer grants you permission to do the following:  view and use for intended purposes those portions of this website to which we have granted you access; (ii) make one complete, unaltered electronic copy and/or one complete, unaltered paper copy of any page on this website to which we have granted you access, provided you retain all copyright, trademark and other proprietary rights notices and that you use it solely for personal purposes and do not distribute or republish it; (iii) obtain our products and signup for our services, subject to payment of all applicable charges and agreement to the terms and conditions of any license agreement or other agreement associated with those products and services; and (iv) use the email support, contact lists and e-mail links to which you have been granted access to interact with webDogTrainer and other users of our products and services in ways that do not violate our Acceptable Use Policy. Any other use of this website or its contents is prohibited without first obtaining written permission from webDogTrainer.

Copyright, Trademarks and Other Proprietary Rights
This website contains text, data, software, photographs, graphics, videos, music, sounds and other information and material that is protected by state, national and international law pertaining to copyrights, trademarks, trade secrets, and other proprietary rights. Unless indicated otherwise, all of this content is the property of webDogTrainer, LLC and/or its licensors or affiliates, and webDogTrainer and its licensors and affiliates reserve all rights with respect to this website’s content, including, without limitation, all rights to copy, display, distribute, transmit, modify, remove, and create derivative works of it.

Trademarks, product names, company names and logos appearing on this website are the property of their respective owners. You must obtain permission from those owners before copying or using their trademarks, product names, company names or logos.

Linking, Framing, and Metatags
You may make referential links to any of the publicly accessible pages on this website that are not password protected, subject to review and termination by us at any time and for any reason. Please be aware that we continually update and revise our website. We cannot guarantee that each page to which you may provide a link will remain available or that its content will remain the same.

You may not link to our website in any way that might lead others to believe that our website or any of its contents were created or are operated or offered by you or any party other than webDogTrainer.

You may not use any of webDogTrainer’s trade names, trademarks or any of the textual content of our website as metatags in your own website, unless we have granted you a license explicitly permitting you to do so.

Communication and Submissions via this Website
Whenever you communicate with webDogtrainer or others using this website, including its forums and e-mail links, your communications are nonconfidential. WebDogTrainer, LLC is free to use all submissions, ideas and feedback contained in your communications in any manner that is consistent with our Privacy Statement, including, but not limited to, incorporating your suggestions into our product and service offerings without any financial or other obligation to you.

 

Member Account, Security and Password

If any of the products or services available to you on this website requires you to open an account, you must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You may be asked to choose a username and/or password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify webDogTrainer immediately of any unauthorized use of your account or any other breach of security. WebDogTrainer will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by webDogTrainer or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.

 

Third Party Statements and Opinions

WebDogTrainer, LLC is not responsible for any opinions, advice or statements made by third parties. Except as required by law, we have no obligation to monitor users’ postings to our forums or to remove or retain forum content, although we reserve the right to do so.

Third Party Products, Services and Websites
Third parties may develop or provide tools, skins or other software applications or components, materials, data, content or other products or services for use with our products or services, some of which may be accessible on or via this website. webDogTrainer makes no representation or warranty with respect to the quality, reliability or non-infringement of any third party product, service or material accessible on or via this website. Your rights with respect to third party products, services or data may be subject to the terms and conditions of separate agreements with the third parties providing them.

This website may contain links to third party Web sites. These links are provided solely as a convenience to you. Unless explicitly stated otherwise, they are not intended as a certification or endorsement of the owner of the website, the website’s content, or any products or services available on or via the website. WebDogTrainer, LLC does not control and is not responsible for linked Web sites, or any Web sites (other than our own) that are linked to them.

 

No Warranties
THIS WEBSITE AND ITS CONTENTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS. WebDogTrainer, LLC, AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTROLLED OR CONTROLLING ENTITIES, BUSINESS PARTNERS, AGENTS, THIRD-PARTY CONTENT PROVIDERS, LICENSORS AND SUPPLIERS (COLLECTIVELY, "AFFILIATES"), MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND ABOUT THIS WEBSITE OR ITS CONTENT, AND THEY DISCLAIM ALL WARRANTIES REGARDING THIS WEBSITE AND ITS CONTENTS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR COMPLETENESS OF CONTENT, OR the availability or quality of any products or services AVAILABLE VIA this website (except as may be set forth in any license or other agreement related to those products or services).

 

Miscellaneous Terms and Conditions

The terms and conditions contained on this page apply generally to your access to and use of this website and our products and services. Some of these terms and conditions may be modified or superseded by expressly designated legal notices located on other pages of this website or by the terms and conditions of the licenses or other agreements pursuant to which you obtain our products or services. A specific provision in any of those notices, licenses or agreements that addresses the same subject matter as a provision on this page overrides the provision on this page.

No delay or failure to take any action or exercise any right that webDogTrainer, LLC may take or exercise pursuant to these terms and conditions or applicable law will constitute a waiver of that action or right by webDogTrainer, LLC.

Any litigation arising out of or related to your access to or use of this website will be brought only in the United States District Court for the District of California, or, if federal subject matter jurisdiction is lacking, then in the California state trial court for the division and county in which webDogTrainer, LLC or its successor’s or assign’s principal office in California is then located. By accessing or using this website, you submit to the personal jurisdiction of these courts and waive all objections to placing venue exclusively before them. The prevailing party in any litigation will be entitled, in addition to any other relief granted to it, to recover reasonable attorney's fees, expenses and costs incurred in connection with the litigation.

The terms and conditions contained on this page will be governed by and interpreted in accordance with the laws of California, USA, without regard to any of its choice of law rules that might lead to application of the law of another jurisdiction. If any of the terms or conditions contained on this page are determined to be invalid or unenforceable by a court of competent jurisdiction, then the remaining terms and conditions will remain in full force and effect, and the invalid or unenforceable term or condition will be deemed superseded by a valid, enforceable term or condition that matches the practical effect of the original provision as closely as possible. These terms and conditions set forth our entire agreement with you related to your use of this website, and they prevail over any other communications we may have regarding its use, with the exception of an agreement signed by an authorized representative of webDogTrainer, LLC that explicitly authorizes a use which is inconsistent with these terms and conditions.

 

Email Support

Your use of email support with WebDogTrainer,LLC involves email contact with a dog trainer and the information provided by the trainer during the email support session is to be used at your own risk.  WebDogTrainer,LLC MAKES NO WARRANTIES OR REPRESENTATIONS AS TO ITS ACCURACY AND WebDogTrainer,LLC SPECIFICALLY DISCLAIMS ANY LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE EMAIL SUPPORT SESSION.

WebDogTrainer,LLC EMAIL SUPPORT reserves the right to do any of the following:

1. Save the dialogue in the chat sessions and WebDogTrainer,LLC. is free to use, without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you write in email support for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information.

2. Terminate communications, which are abusive, illegal, or disruptive, or otherwise fail to conform to these terms and conditions.

3. Terminate a user's access to chat upon any breech of these terms and conditions.

 WebDogTrainer, LLC reserves the right to immediately disconnect and end the email support without refund for the paid session if deemed necessary.

DISCLAIMER OF WARRANTIES

You as a User of the Site, acknowledge and agree that WebDogTrainer,LLC has no liability for any errors or omissions in the Site, including in the Materials, whether provided by WebDogTrainer,LLC or third parties. You further acknowledge and agree that WebDogTrainer,LLC makes no warranty or representation of any kind as to the availability of the Site or any portion thereof, that the Site or portions thereof may be inaccessible for various time periods (whether due to Internet service provider problems or otherwise), and that WebDogTrainer,LLC shall have no liability for any unavailability of or inaccuracy in the Site or the Materials.
User will bear all risk associated with any content that you access.

 

LIABILITY WAIVER AND RELEASE

 

I understand that as the owner of the dog, that I am responsible and legally liable for my dog's actions.  I understand that the success of any behavior modification or training is dependent upon numerous factors including but not limited to: the amount of time I spend working with my dog, how thorough I am in implementing the protocol, the previous history and experience of my dog, and the genetics and socialization of my dog.  I understand that behavior modification does not cure a dog, but rather, the protocol is a lifelong plan.  I hereby waive and release WebDogTrainer, LLC from any injury or damage resulting from the action of the dog and I expressly assume the risk of any such damage or injury.

 

I understand that registration on webDogTrainer.com website is voluntary and that I hereby expressly agree to hold WebDogTrainer, LLC harmless from any liability whatsoever resulting from and injuries or damages sustained as a result of training advice that is received from webDogTrainer, LLC, even though such liability may arise out of negligence on the part of the persons named in this Waiver and Release. I, hereby expressly waive and release WebDogTrainer, LLC  from any claims, demands, injuries, damages or causes of action that are in any way related to participation in the training experience. WebDogTrainer, LLC makes no representations, guarantees, and implied or expressed promises that the training information received on this dog-training website will cure a dog of any dangerous propensities. It is fully understood that regardless of the training received by the animal, a dog always possesses the propensity to bite or injure. I hereby agree to indemnify and hold harmless WebDogTrainer, LLC from any and all claims, or claims by any member of my family or any other person as a result of any action by any dog.

webDogTrainer, LLC. will be not be liable for ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER LOSSES OR damages arising out of or RELATED TO use of this website OR ANY PRODUCTS OR SERVICES DISTRIBUTED ON OR PROVIDED THROUGH THIS WEBSITE, whether as a result of errors, omissions, LOSS OF DATA, defects, viruses, interruptions or delays in operation or transmission, or ANY other cause. THIS LIMITATION OF LIABILITY WILL APPLY REGARDLESS OF THE LEGAL THEORIES UNDER WHICH RELIEF IS SOUGHT AND EVEN IF webDogTrainer HAVE BEEN ADVISED OF THE POSSIBILITY OF THE LOSSES OR DAMAGES ALLEGEDLY SUFFERED.

IN NO EVENT WILL webDogTrainer, LLC’s TOTAL LIABILITY WITH RESPECT TO ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THIS WEBSITE EXCEED THE LOWER OF DIRECT DAMAGES ACTUALLY INCURRED BY YOU OR US $1O.

Some jurisdictions limit the exclusion OF DAMAGES or limitation of liability, so the above exclusions AND limitations may not apply to you. IF any part of the exclusions of DAMAGES OR LIMITATION OF liability set forth above is unenforceable under applicable law, webDogTrainer, LLC’s LIABILITY will BE LIMITED TO THE MAXIMUM EXTENT PERMIT TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU KNOWINGLY AND VOLUNTARILY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AS WELL AS ANY OTHER STATUTE, LAW OR RULE OF SIMILAR EFFECT OF ANY OTHER JURISDICTION THROUGHOUT THE WORLD, AND ACKNOWLEDGE AND AGREE THAT THIS WAIVER IS AN ESSENTIAL AND MATERIAL TERM OF WebDogTrainer, LLC SERVICE. YOU REPRESENT THAT YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCE OF THE RELEASES YOU HAVE MADE HEREIN, AND OF YOUR WAIVER OF ANY RIGHTS YOU MAY HAVE UNDER SECTION 1542 OF THE CALIFORNIA CIVIL CODE AND ANY OTHER SIMILAR STATUTES, LAWS AND RULES.