TERMS AND CONDITIONS
Effective
Date: February 2, 2022
NOTICE: Please read the terms and
conditions set forth below, which are legally binding. By visiting, viewing or using this website
and/or by using any program, product, course or service from us, you agree to
be bound by these Terms and Conditions and our Privacy Policy and Disclaimer.
PLEASE
READ THE SECTION TITLED “CLASS ACTION WAIVER” AS IT AFFECTS YOUR LEGAL RIGHTS.
K918
Dog Training (K918dogtraining.com), which is operated by K918 Dog Training LLC
(“Company”, “we”, “us”, or “our”) provides visitors information on the website
subject to the following terms and conditions (“Terms and Conditions”). The term “you” refers to any visitor, viewer
or user of the website and/or any user of any free or paid program, product,
course or service of the Company (each, a “Product”).
By
viewing, visiting or using the website and/or a Product, you indicate your
acceptance and agreement to be bound by these Terms and Conditions and our
Privacy Policy and Disclaimer, which are hereby incorporated by reference
(collectively, this “Agreement”). If you
do not accept the terms and conditions of this Agreement, then please do not
use the website or any Products. These
Terms and Conditions were created with the help of the Plug and Law and Privacy Policy Solutions.
We
reserve the right to amend this Agreement at any time without notice to
you. We will alert you to any changes by
posting the effective date of the latest version at the top of this page, at
which point any changes will become immediately effective. It is your responsibility to check for
updates, as your continued use of the website or any Products after this
Agreement is amended will constitute your acceptance and agreement to continue
to be bound by this Agreement, as amended.
THE UNITED STATES AND OVER 18 USE
ONLY
The
website is intended only for individuals over the age of 18 residing in the
United States. We do not make any
representations that this website is appropriate or available for use outside
of the United States. If you access the
website or any of our Products from outside of the United States, you do so at
your own risk and on your own initiative.
It is solely your responsibility to ensure compliance with applicable
laws in your specific jurisdiction.
GUIDELINES FOR USE
We
have established certain guidelines to keep our community safe
(“Guidelines”). By visiting or using the
website or any Product, you agree to abide by these Guidelines, which are as
follows:
● You will comply with all
applicable law;
● You will not upload, post,
send, email, or otherwise make available any information or content which in
any way infringes any copyright, trade secret, trademark, right of publicity,
privacy, property or other intellectual property or proprietary rights, or any
information or content which you do not have the right to make available,
through any law, contractual or fiduciary relationship or otherwise;
● You will not act in any way
that is fraudulent, false, misleading, deceitful or deceptive, such as by
impersonating another individual or falsifying your association with an
individual or entity;
● You will not upload, post,
send, email, or otherwise make available any material or behave in any manner
which could be perceived as harassing, demeaning, threatening, “stalking”,
defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent
or otherwise objectionable;
● You will not upload, post,
send, email, or otherwise make available any material which would reveal the
personal information of another individual;
● You will not behave in any
manner which could limit or otherwise impact any other person’s use or
enjoyment of the website and/or any Product;
● You will not engage in any
unsolicited or unauthorized advertising nor will you send any spam;
● You will not attempt to gain
unauthorized access to any portion of the website or any of the Products;
● You will not engage in or
encourage others to engage in any activity which would violate any law,
constitute a criminal offense, give rise to civil liability, or infringe on the
rights of any third party;
● You will not send any
materials which contain viruses, devices, information collection or
transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke
loggers or any other programs or code which would be harmful to, interfere with
or attempt to interfere with our systems;
● You will not engage in market
research or any research intended to help a competitor;
● You will not deploy any
automated query program, such as a bot or spider, at any time or for any
purpose without our express written consent;
● You will not block or cover
any advertisements on the website;
● With the exception of any
personal information you share (which is covered under our Privacy Policy),
once you upload, post, send, email, or otherwise make available any material,
we have the right to display, repurpose or otherwise use such material in any
way; and
● You will notify us through
the contact information provided below if you know or have reason to know that
a violation of any of our Guidelines has occurred.
We
reserve the right to deny you access to the website and any Products in our
sole discretion at any time and for any reason.
INTELLECTUAL PROPERTY
The
website and its content and all Products, including but not limited to videos,
coursework, training modules, photographs, sound recordings, images, digital
content, material available as a free download, software, text, graphics and
other material, are owned or licensed by the Company and are protected by
copyright, trademarks (whether registered or unregistered), design rights,
database rights and all other intellectual property rights afforded to us
(“Intellectual Property”).
While
you may view and have access to our Intellectual Property for your own personal
and non-commercial use, you agree to abide by the following:
● Our Intellectual Property
must be kept intact with the proper copyright and other intellectual property
notices; and
● You may not reproduce,
resell, distribute, publicly perform, create derivative works, translate,
transmit, post, republish, exploit, copy or otherwise use our Intellectual
Property for any commercial or non-personal use, unless you have received
explicit written consent from us to do so.
It
is in our sole discretion to give written consent for you to reproduce, resell,
distribute, publicly perform, create derivative works, translate, transmit,
post, republish, copy or otherwise use our Intellectual Property. If you have any questions, please contact us
using the contact information provided below.
NO WARRANTIES
Your
use of this website and any Products is entirely at your risk, as the website
and our Products are provided on an “as is” and “as available” basis. We do not make any express or implied
warranties or representations relating to the website, its content and our
Products, including but not limited to warranties of title, merchantability,
fitness for a particular purpose and non-infringement of third parties’
rights. We also do not make any express
or implied warranties or representations that the website will operate without
error or that the website, the servers relied on, our Products and any content
is free from computer viruses or other potentially harmful or destructive
features. Some jurisdictions do not
permit the exclusion of certain warranties.
As such, some of the exclusions referenced in this section may not apply
to you.
LIMITATION OF LIABILITY
To
the fullest extent permissible by law, the Company and our directors,
contractors, successors, joint venture partners, shareholders, agents,
affiliates, officers, employees, assignees and licensees, as applicable, shall
not be liable for any direct, indirect, special, incidental, consequential,
exemplary or other loss or damage, including but not limited to damages for
loss of profits, goodwill, business interruption, use or loss of data or other
intangible losses, which may directly or indirectly arise out of or be related
to your use of or inability to access this website or any Products or your
reliance on any advice, opinion, information, representation or omission
contained on, or received through this website or any Products, even if we have
been advised of the possibility of such damages occurring.
This
limitation of liability applies whether such liability arises from tort,
negligence, breach of contract or any other legal theory of liability.
INDEMNIFICATION
You
shall indemnify, defend and hold harmless the Company and our affiliates, and
our respective directors, contractors, successors, joint venture partners,
shareholders, agents, affiliates, officers, employees, assignees and licensees
from and against any and all damages, liabilities, losses, costs and expenses
resulting from any suits, proceedings, judgments, demands, causes of action and
claims (collectively, the “Claims”), including legal and accounting fees and
expenses, whether or not involving a third party claim, to the extent arising
out of, relating to or resulting from: (i) your use or misuse of this website
or any of our Products, (ii) your breach of this Agreement, or (iii) your
violation of any third party rights, including without limitation any
copyright, trade secret, trademark, right of publicity, privacy, property or
other intellectual property or proprietary rights. We will provide you with notice of any
Claims, and may in our sole discretion assist you, at your expense, in
defending such Claims. We reserve the
right to assume exclusive control of defending any such Claim, at your expense,
including choice of legal counsel. You
agree to cooperate and assist us in defending any such Claim.
LIMITED LICENSE
Notwithstanding
any other provisions in this Agreement, if you purchase any Products or
download any of our free Products, we grant you a limited, non-sublicensable,
non-transferable, non-exclusive, revocable license (“License”) to use or access
the Products for your personal and non-commercial use. You may not reproduce, resell, distribute,
create derivative works, translate, transmit, post, republish, exploit, copy or
otherwise use our Products for any commercial or non-personal use.
Your
License is for individual use. You have
no right to assign any of your rights or transfer any of your obligations under
this Agreement. If we discover that any
violation of the terms and conditions in this Agreement has occurred, including
violation of the License granted to you, we reserve the right to terminate your
access to the Products and invoice you for any damages.
CONFIDENTIAL INFORMATION
Please
do not upload, post, send, email, or otherwise make available any material that
contains any confidential information.
FEES
When
you purchase any Product through this website, you are responsible for all
applicable fees and taxes. It is your
responsibility to provide complete, accurate and up-to-date billing and credit
card information. If you are on a payment
plan or recurring payment, it is your responsibility to keep an up-to-date
payment method with us. If your payment
method is declined or expired, you hereby agree to pay all applicable fees and
taxes due upon demand. You also agree to
pay all costs of collection, including but not limited to attorney’s fees, on
any outstanding balance.
WEBSITE AVAILABILITY
Your
access to the website or Products may be occasionally restricted, such as when
we need to make repairs or are introducing new features. Your access to the website or Products may
also become permanently disabled, such as if we decide to terminate the
operation of the website or Products. We
cannot guarantee that you will have continuous access to the website or
Products.
NO REFUNDS
We
reserve the right to change our refund policy at any time. We do not offer refunds for any of our
Products under any circumstances. We
believe we provide products and services that are high-quality and at a
reasonable price point.
GOVERNING LAW
All
matters relating to or arising out of this Agreement shall be governed by and
construed and interpreted under the laws of the State of Oklahoma, United
States of America, without regard to conflicts of laws principles that would
require the application of any other law.
INJUNCTIVE OR OTHER EQUITABLE RELIEF
We
may seek injunctive or other equitable relief that is necessary to protect our
rights and intellectual property. All
actions or proceedings related to this Agreement that are not subject to
binding arbitration will be brought solely in the state or federal courts of
the State of Oklahoma, United States of America. You hereby unconditionally and irrevocably
consent to the personal and subject matter jurisdiction of those courts for
purposes of any such action.
CLASS ACTION WAIVER
You
agree that any dispute arising out of or relating to this Agreement shall be
solely between you and the Company.
YOU AGREE TO WAIVE THE RIGHT TO LITIGATE
IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION. YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS
AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A
MEMBER OF A CLASS OR AS A REPRESENTATIVE.
ENTIRE AGREEMENT
This
Agreement, the Privacy Policy and Disclaimer contain the entire agreement
between you and the Company with respect to the subject matter hereof and
thereof and supersede all prior agreements and undertakings, both written and
oral, with respect thereto.
TERMINATION OF AGREEMENT
We
reserve the right, in our sole discretion, to terminate this Agreement and to
terminate, restrict, deny, or suspend your access to the website and all
Products at any time and for any purpose without prior notice. We also reserve the right to discontinue any or
all of the website or Products at any time and for any purpose without prior
notice.
SEVERABILITY
If
any term or other provision of this Agreement is held to be invalid, prohibited
or unenforceable under applicable law, the other provisions of this Agreement
will remain in full force and effect.
MISCELLANEOUS
Our
failure to act on or delay in exercising any privilege, power or right under
this Agreement will not operate as a waiver of such privilege, power or right,
and no single or partial exercise of any such privilege, power or right will
preclude any other or further exercise of such privilege, power or right or the
exercise of any other privilege, power or right.
Subheadings
in this Agreement are used for convenience of reference only and in no way
define, describe, limit or extend the scope of this Agreement or the intent of
any of its provisions. They shall not be
considered in construing or interpreting this Agreement.
The
terms and conditions of this Agreement shall inure to the benefit of and be
binding upon the successors, heirs, executors, administrators, legal
representatives and assigns of the Company.
Nothing in this Agreement, express or implied, is intended to confer
upon any party other than the Company or our successors, heirs, executors,
administrators, legal representatives and assigns, any rights, remedies,
obligations or liabilities under this Agreement. You may not assign any of your rights or
transfer any obligations under this Agreement to any other person.
If
any action at law or in equity is necessary to enforce or interpret the terms
of this Agreement, the prevailing party shall be entitled to reasonable
attorneys’ fees, costs and disbursements in addition to any other relief to
which such party may be entitled.
HOW TO CONTACT US
If
you have any questions, please contact us using the information below.
● By email:
k918dogtraining@gmail.com
● By phone: 918-936-2229