Terms of Site
BY VISITING trainmywonderdog.com, by using or buying any dog training programs from Train My Wonder Dog on its site or Site, by consuming our teachings shared on social media and/or by commenting in any of our developed communities, YOU ARE CONSENTING TO OUR TERMS OF Site.
OVERVIEW
By using trainmywonderdog.com, by using the Sites, by consuming teachings shared on social media or by commenting in any of the communities we develop, referred to as a whole as “Site,” all visitors, users, commenters and consumers will be referred to as “User,” “you” and “your” and are bound by these Terms of Site. The terms “we,” “us,” and “our” refer to Train My Wonder Dog (the “Company”), Company of trainmywonderdog.com. Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.
By using the Site, you agree to these Terms of Site, without modification, and acknowledge reading them. We reserve the right to change these Terms of Site or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Site on this Site. By continuing to use the Site after we post any such changes means you accept the new Terms of Site with the modifications.
The User must read this document carefully.
Although the entire contractual relationship relating to the Site is entered into solely by the Company and Users, Users acknowledge and agree that, where this Site has been provided to them via the Apple App Store, Apple may enforce these Terms as a third-party beneficiary.
Nothing in these Terms creates any relationship of employment, agency, or partnership between the involved parties.
This Site is provided by:
Train My Wonder Dog and Wonder Dog Corp
6025 Stage Rd, ste 42-357
Company contact email: info@trainmywonderdog.com
How this Site works
This Site merely serves as a technical infrastructure or platform to allow Users to interact with each other. The Company therefore is not directly involved in any such interactions between Users. Additionally, the Site merely serves as a technical guide to help Users train their dogs. The Company therefore is not directly involved in any such training or interactions between the User and their dogs. User agrees to remain fully responsibility for training their dog and the use of all training equipment.
TERMS OF USE
By using this Site, Users confirm to meet the following requirements:
There are no restrictions for Users in terms of being Consumers or Business Users;
- Users must be older than 18;
- Users aren’t located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist-supporting” country;
- Users aren’t listed on any U.S. Government list of prohibited or restricted parties; To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Site.
Account registration
Additionally, in order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date.
Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Site .
By registering, Users agree to be fully responsible for all activities that occur under their username and password.
Users are required to immediately and unambiguously inform the Company via the contact details indicated in this document, if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.
Conditions for account registration
Registration of User accounts on this Site is subject to the conditions outlined below. By registering, Users agree to meet such conditions.
- Accounts registered by bots or any other automated methods are not permitted.
- Unless otherwise specified, each User must register only one account.
- Unless explicitly permitted, a User account may not be shared with other persons.
Acceptable Account Use
This Site may only be used within the scope of what they are provided for, under these Terms and applicable law.
Users are solely responsible for making sure that their use of this Site and/or the Site violates no applicable law, regulations or third-party rights.
Therefore, the Company reserves the right to take any appropriate measure to protect its legitimate interests including by denying Users access to this Site or the Site, terminating contracts, reporting any misconduct performed through this Site or the Site to the competent authorities – such as judicial or administrative authorities - whenever Users engage or are - suspected to engage in any of the following activities:
- violate laws, regulations and/or these Terms;
- infringe any third-party rights;
- considerably impair the Company’s legitimate interests;
- offend the Company or any third party.
You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, violate any law or otherwise cause any mishandling of any animal or human.
Account termination
Users can terminate their account and stop using the Site at any time by doing the following:
- By directly contacting the Company at the contact details provided in this document.
Account suspension and deletion
The Company reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts which it deems inappropriate, offensive or in violation of these Terms, even when “lifetime access” was promised in the sales transaction.
The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement.
The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.
PURCHASE POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, into any of our free or paid offering on the Site, you (“Client”) agree to be provided with products, programs, Sites or community conversations by the Company unless a separate Terms of Purchase Agreement is provided at purchase.
Paid Products
Some of the Products provided on this Site, are provided on the basis of payment.
The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Site .
Product description
Prices, descriptions or availability of Products are outlined in the respective sections of this Site and are subject to change without notice.
While Products on this Site are presented with great accuracy, representation on this Site through any means (including, as the case may be, graphic material, images, colors, sounds) is for reference only and implies no warranty as to the characteristics of the purchased Product.
The characteristics of the chosen Product will be outlined during the purchasing process.
Purchasing process
Any steps taken from choosing a Product to order submission form part of the purchasing process.
The purchasing process includes these steps:
- Users must choose the desired Product and verify their purchase selection.
- After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it.
Order submission
When the User submits an order, the following applies:
- The submission of an order determines contract conclusion and therefore creates for the User the obligation to pay the price, taxes and possible further fees and expenses, as specified on the order page.
- In case the purchased Product requires an action from the User, such as the provision of personal information or data or specifications, the order submission creates an obligation for the User to cooperate accordingly.
- Upon submission of the order, Users will receive a receipt confirming that the order has been received.
All notifications related to the described purchasing process shall be sent to the email address provided by the User for such purposes.
Prices
Users are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that they will be charged.
Prices do not include any additional training treats, equipment, subscriptions, training programs, consumables or anything else of any nature that may be needed to follow the instructions of the dog training program.
Prices on this Site are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.
Offers and discounts
The Company may offer discounts or provide special offers for the purchase of Products. Any such offer or discount shall always be subject to the eligibility criteria and the terms and conditions set out in the corresponding section of this Site .
Offers and discounts are always granted at the Company’s sole discretion.
Repeated or recurring offers or discounts create no claim/title or right that Users may enforce in the future.
Depending on the case, discounts or offers shall be valid for a limited time only or while stocks last. If an offer or discount is limited by time, the time indications refer to the time zone of the Company, as indicated in the Company’s location details in this document, unless otherwise specified.
Coupons
Offers or discounts can be based on Coupons.
If breach of the conditions applicable to Coupons occurs, the Company can legitimately refuse to fulfill its contractual obligations and expressly reserves the right to take appropriate legal action to protect its rights and interests.
Notwithstanding the provisions below, any additional or diverging rules applicable to using the Coupon displayed in the corresponding information page or on the Coupon itself shall always prevail.
Unless otherwise stated, these rules apply to the use of Coupons:
Each Coupon is only valid when used in the manner and within the timeframe specified on the website and/or the Coupon;
A Coupon may only be applied, in its entirety, at the actual time of purchase – partial use is not permitted;
Unless otherwise stated, single-use Coupons may only be used once per purchase and therefore may only be applied a single time even in cases involving installment-based purchases;
A Coupon cannot be applied cumulatively;
The Coupon must be redeemed exclusively within the time specified in the offer. After this period, the Coupon will automatically expire, precluding any possibility for the User to claim the relevant rights, including cash-out;
The User is not entitled to any credit/refund/compensation if there is a difference between the value of the Coupon and the redeemed value;
The Coupon is intended solely for non–commercial use. Any reproduction, counterfeiting and commercial trade of the Coupon is strictly forbidden, along with any illegal activity related to the purchase and/or use of the Coupon.
Methods of payment
Information related to accepted payment methods are made available during the purchasing process.
Some payment methods may only be available subject to additional conditions or fees. In such cases related information can be found in the dedicated section of this Site .
All payments are independently processed through third-party Sites. Therefore, this Site does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed.
If a payment through the available methods fails or is refused by the payment Site provider, the Company shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Company reserves the right to claim any related expenses or damages from the User.
Authorization for future payments
If Users authorize a merchant account’s feature which allows future purchases, this Site may store an identification code linked to the Users’ account with that merchant Sites provider.
This will authorize this Site to automatically process payments for future purchases or recurring installments of past purchases.
This authorization can be revoked at any time, either by contacting the Company or by changing the user settings offered by that merchant Sites provider.
Purchase via app store
This Site or specific Products available for sale on this Site may be purchased via a third-party app store. To access such purchases, Users must follow the instructions provided on the relevant online store (such as "Apple App Store" or "Google Play"), which may vary depending on the particular device in use.
Unless otherwise specified, purchases done via third-party online stores are also subject to such third-parties’ terms and conditions, which, in case of any inconsistency or conflict, shall always prevail upon these Terms.
Users purchasing through such third-party online stores must therefore read such terms and conditions of sale carefully and accept them.
Retention of Product Ownership
Until payment of the total purchase price is received by the Company, any Products ordered shall not become the User’s property.
Retention of usage rights
Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Company.
Contractual right of cancellation
The Company grants Users a contractual right to cancel the purchase under the terms and conditions described in the relevant section of this Site within 14 days of purchasing Product.
Delivery
Deliveries are made to the address indicated by the User and in the manner specified in the order summary.
Upon delivery, Users must verify the content of the delivery and report anomalies without undue delay, using the contact details provided in this document or as described in the delivery note. Users may refuse to accept the parcel if visibly damaged.
Goods are delivered to the countries or territories specified in the relevant section of this Site .
Delivery times may be specified on this Site or during the purchasing process.
Failed delivery
The Company cannot be held responsible for delivery errors due to inaccuracies or incompleteness in the execution of the purchase order by the User, nor for any damages or delays after handover to the carrier if the latter is arranged by the User.
If the goods are not received or collected at the time or within the deadline specified, the goods will be returned to the Company, who will contact the User to schedule a second delivery attempt or to agree on the future course of action.
Unless otherwise agreed, any delivery attempt starting from the second shall be at the User’s expense.
Delivery of digital content
Unless otherwise stated, digital content purchased on this Site is delivered via a membership area on the Site or via an application that must be downloaded on the device(s) chosen by Users.
Users acknowledge and accept that in order to download and/or use the Product, the intended device(s) and its respective software (including operating systems) must be legal, commonly used, up-to-date, and consistent with current market-standards.
Users acknowledge and accept that the ability to download the purchased Product may be limited in time and space.
Performance of Sites
The purchased Site shall be performed or made available within the timeframe specified on this Site or as communicated before the order submission.
Contract duration
Trial period
Users have the option to test this Site or selected Products during a limited and non-renewable trial period, at no cost. Some features or functions of this Site may not be available to Users during the trial period.
Further conditions applicable to the trial period, including its duration, will be specified on this Site.
The trial period shall automatically convert into the equivalent paid Product, unless the User cancels the purchase before the trial period expires.
Subscriptions
Subscriptions allow Users to receive a Product continuously or regularly over time. Details regarding the type of subscription and termination are outlined below.
Open-ended subscriptions
Paid subscriptions begin on the day the payment is received by the Company.
In order to maintain subscriptions, Users must pay the required recurring fee in a timely manner. Failure to do so may cause Site interruptions.
Fixed-term subscriptions
Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by the User or otherwise specified during the purchasing process.
Once the subscription period expires, the Product shall no longer be accessible.
Subscriptions handled via Apple ID
Users may subscribe to a Product using the Apple ID associated with their Apple App Store account by using the relevant process on this Site. When doing so, Users acknowledge and accept that:
- any payment due shall be charged to their Apple ID account;
- subscriptions are automatically renewed for the same duration unless the User cancels at least 24 hours before the current period expires;
- any and all fees or payments due for renewal will be charged within 24-hours before the end of the current period;
- subscriptions can be managed or cancelled in the Users’ Apple App Store account settings.
The above shall prevail upon any conflicting or diverging provision of these Terms.
Installments
If the purchase price is paid in several installments, the subscription shall start on the day that the first payment is received by the Company and last for the entire duration of the subscription, provided that all other installments are received in time.
Failure to meet the payment deadlines may result in the unavailability of the Product and commissioning a collection agency or lawyer to pursue collecting the delinquent balance. User agrees to pay all costs associated with pursuing the unpaid balance.
Automatic renewal of fixed-term subscriptions
Subscriptions are automatically renewed through the payment method that the User chose during purchase.
The renewed subscription will last for a period equal to the original term.
The User shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.
Termination
Subscriptions may be terminated by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Site.
If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.
Termination of open-ended subscriptions
Open-ended subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside this Site .
Terminations shall take effect 30 days after the notice of termination has been received by the Company.
Terms and conditions applying to extra features
Users that have an active subscription may purchase single extra add-ons or features, described in the relevant section of this Site.
Prices, duration, terms of use and termination of such extras may differ from those of the main Product and, unless otherwise specified, do not influence the prices, duration, terms of use and termination of the latter.
REFUND POLICY
Refunds will only be granted if requested within 14 days of purchases and will be given within 60 days of receiving the request.
The Company shall refund the price of the Product purchased using the same payment method as the original transaction.
In order to make use of this right, Users must send an unambiguous notice to the Company. While a motivation is not required, Users are kindly asked to specify the reason why they are claiming the money-back-guarantee.
Upon receipt of such notice, the Company will verify that all conditions applicable to the money-back-guarantee are fulfilled and, if so, refund the purchase price. In this case, Users will no longer have access to the purchased Site.
INTELLECTUAL PROPERTY
Unless where otherwise specified or clearly recognizable, all content available on this Site is owned or provided by the Company or its licensors.
The Company undertakes its utmost effort to ensure that the content provided on this Site infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result.
In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.
Rights regarding content on this Site - All rights reserved.
The Company holds and reserves all intellectual property rights for any such content.
The Site contains intellectual property owned by Train My Wonder Dog Corp, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Train My Wonder Dog, Wonder Dog Training, trainmywonderdog.com name, logo, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
You may, view, print and/or download one copy of the Materials from this web site on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site content or intellectual property, in whole or in part without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
Any applicable statutory limitation or exception to copyright shall stay unaffected.
Content provided by Users
The Company allows Users to upload, share or provide their own content to this Site, including, but not limited to their name, photographs, videos, likeness, image, opinions and suggestions.
By providing content to this Site, Users confirm that they are legally allowed to do so and that they are not infringing any statutory provisions and/or third-party rights.
Further insights regarding acceptable content can be found inside the section of these Terms which detail the acceptable uses.
Users acknowledge and accept that by providing their own content to this Site they grant the Company a non-exclusive, worldwide, fully paid-up and royalty-free, irrevocable, perpetual (or for the entire protection term), sub-licensable and transferable license to use, access, store, reproduce, modify, distribute, publish, process into derivative works, broadcast, stream, transmit or otherwise exploit such content to provide and promote its Site in any media or manner.
To the extent permitted by applicable law, Users waive any moral rights in connection with content they provide to this Site .
Users acknowledge, accept and confirm that all content they provide through this Site is provided subject to the same general conditions set forth for content on this Site .
Users are solely liable for any content they upload, post, share, or provide through this Site .
Users acknowledge and accept that the Company filters or moderates such content after it has been made available.
Therefore, the Company reserves the right to refuse, remove, delete, or block such content at its own discretion and to deny access to this Site to the uploading User without prior notice, if it considers such content to infringe these Terms, any applicable legal provision or third-party right, or to otherwise represent a risk for Users, third parties, the Company and/or the availability of the Site.
The removal, deletion or blocking of content shall not entitle Users that have provided such content or that are liable for it, to any claims for compensation, damages or reimbursement.
Users agree to hold the Company harmless from and against any claim asserted and/or damage suffered due to content they provided to or provided through this Site.
Removal of content from parts of this Site available through the App Store
If the reported content is deemed objectionable, it will be removed within 24 hours and the User who provided the content will be barred from using the Site.
Referrals
This Site gives Users the opportunity to receive advantages if, as a result of their recommendation, any new User purchases a Product offered on this Site .
In order to take advantage of this offer, Users may invite others to purchase the Products on this Site by sending them a referral code provided by the Company. Such codes can only be redeemed once.
If upon purchase of the Products on this Site any of the persons invited redeems a referral code, the inviting User shall receive the advantage or benefit (such as: a price reduction, an additional Site feature, an upgrade etc.) specified on this Site .
Referral codes may be limited to specific Products among those offered on this Site .
The Company reserves the right to end the offer at any time at its own discretion.
While no general limitation applies to the number of persons that can be invited, the amount of advantage or benefit that each inviting User can receive, may be limited.
Software License
The software embedded in or related to this Site may be provided under a some-rights-reserved license.
This means that Users are granted broad rights, including but not limited to the rights to use, execute, copy or distribute the software, to the extent determined by such license.
The terms of such license shall always prevail upon conflicting, divergent or inconsistent provisions of these Terms.
Users may find further information regarding the license terms in the relevant section of this Site .
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR Site. ADDITIONALLY, Train My Wonder Dog Corp IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF Site, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF THE Train My Wonder Dog Corp HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Train My Wonder Dog Corp CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
INDEMNIFICATION & LIABILITY
You shall also indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Site, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.
The User agrees to indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand — including but not limited to lawyer's fees and costs — made by any third party due to or in relation with any culpable use of or connection to the Site, violation of these Terms, infringement of any third-party rights or statutory provision by the User or its affiliates, officers, directors, agents, co-branders, partners and employees to the extent allowed by applicable law.
Users acknowledge and accept that the Company merely provides Users with the technical infrastructure and features incorporated in this Site, as well as dog training content.
The Company does not intermediate, moderate, promote or intervene in interactions, agreements or transactions between Users and therefore bears no liability for any such interactions among Users, including the performance of any Users' obligations. Nor does the Company suggest or condone any animal abuse or misuse of training equipment and therefore bears no liability for any such abuse or misuse, intentional, unintentional or accidental.
Limitation of liability for Australian Users
Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar State and Territory legislation and which cannot be excluded, restricted or modified (non-excludable right). To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right and liability which is not otherwise excluded under these Terms of Use, is limited, at the Company’s sole discretion, to the re-performance of the Sites or the payment of the cost of having the Sites supplied again.
Disclaimer of Warranties for US Users
This Site is provided strictly on an “as is” and “as available” basis. Use of the Site is at Users’ own risk. To the maximum extent permitted by applicable law, the Company expressly disclaims all conditions, representations, and warranties — whether express, implied, statutory or otherwise, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights. No advice or information, whether oral or written, obtained by user from Company or through the Site will create any warranty not expressly stated herein.
Without limiting the foregoing, the Company, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Site will meet Users’ requirements; that the Site will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Site is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Site is downloaded at users own risk and users shall be solely responsible for any damage to Users’ computer system or mobile device or loss of data that results from such download or Users’ use of the Site.
The Company does not warrant, endorse, guarantee, or assume responsibility for any product or Site advertised or offered by a third party through the Site or any hyperlinked website or Site, and the Company shall not be a party to or in any way monitor any transaction between Users and third-party providers of products or Sites.
The Site may become inaccessible or it may not function properly with Users’ web browser, mobile device, and/or operating system. The Company cannot be held liable for any perceived or actual damages arising from Site content, operation, or use of this Site.
Federal law, some states, and other jurisdictions, do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users. This Agreement gives Users specific legal rights, and Users may also have other rights which vary from state to state. The disclaimers and exclusions under this agreement shall not apply to the extent prohibited by applicable law.
More Limitations of liability for US Users
To the maximum extent permitted by applicable law, in no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for
- any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Site; and
- any damage, loss or injury resulting from hacking, tampering or other unauthorized access or use of the Site or User account or the information contained therein;
- any errors, mistakes, or inaccuracies of content;
- personal injury or property damage, of any nature whatsoever, resulting from User access to or use of the Site;
- any unauthorized access to or use of the Company’s secure servers and/or any and all personal information stored therein;
- any interruption or cessation of transmission to or from the Site;
- any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Site;
- any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site; and/or
- the defamatory, offensive, or illegal conduct of any User or third party. In no event shall the Company, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Company hereunder in the preceding 12 months, or the period of duration of this agreement between the Company and User, whichever is shorter.
This limitation of liability section shall apply to the fullest extent permitted by law in the applicable jurisdiction whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if company has been advised of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to User. The terms give User specific legal rights, and User may also have other rights which vary from jurisdiction to jurisdiction. The disclaimers, exclusions, and limitations of liability under the terms shall not apply to the extent prohibited by applicable law.
More Indemnifications
The User agrees to defend, indemnify and hold the Company and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including, but not limited to, legal fees and expenses, arising from
- User’s use of and access to the Site, including any data or content transmitted or received by User;
- User’s violation of these terms, including, but not limited to, User’s breach of any of the representations and warranties set forth in these terms;
- User’s violation of any third-party rights, including, but not limited to, any right of privacy or intellectual property rights;
- User’s violation of any statutory law, rule, or regulation;
- any content that is submitted from User’s account, including third party access with User’s unique username, password or other security measure, if applicable, including, but not limited to, misleading, false, or inaccurate information;
- User’s wilful misconduct; or
- statutory provision by User or its affiliates, officers, directors, agents, co-branders, partners, suppliers and employees to the extent allowed by applicable law
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, or information, or any other loss, pain, damage, attack, death, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Site its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Site, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, attacks, death, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Site or its Content.
Service interruption
To ensure the best possible service level, the Company reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.
Within the limits of law, the Company may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Company will cooperate with Users to enable them to withdraw Personal Data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.
Additionally, the Service might not be available due to reasons outside the Company’s reasonable control, such as “force majeure” events( infrastructural breakdowns or blackouts etc.).
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of Tennessee within the USA, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Memphis, Tennessee or via telephone or video call. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
However, regardless of the above, if the law of the country that the User is located in provides for a higher applicable consumer protection standard, such higher standards shall prevail.
The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
SEVERABILITY
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Site bind and inure to the benefit of the parties’ successors and assigns. These Terms of Site are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
VIDEO RECORDING
Client acknowledges and consents that group calls and/or trainings may be recorded. Client also acknowledges and consents that the recordings may be redistributed and/or resold at a later date as part of separate offerings sold by the Company. Client acknowledges and consents that any such recordings are the sole property of Train My Wonder Dog Corp, and relinquishes any rights regarding the distribution or sale of such recordings.
NAME, IMAGE & LIKENESS
Client also agrees to release their name, image and likeness for marketing or teaching purposes from all video recordings and images Client uploads to Site, which may be redistributed and/or resold at a later date as part of separate offerings sold by the Company. Client acknowledges and consents that any such use of your name and any such recordings of your likeness and images are the sole property of Train My Wonder Dog Corp, and relinquishes any rights regarding the distribution or sale of such recordings.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and Train My Wonder Dog Corp pertaining to the Site and Site and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Train My Wonder Dog Corp shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Train My Wonder Dog Corp. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
The Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.
If you have any questions or concerns regarding these Terms of Site, please email: info@TrainMyWonderDog.com
DISCLAIMERS
By using trainmywonderdog.com, by using the Sites, by consuming teachings shared on social media or by commenting in any of the communities we develop, referred to as a whole as “Site,” all visitors, users, commenters and consumers will be referred to as “user,” “you” and “your” and are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to Train My Wonder Dog Corp (the “Company”), Company of Train My Wonder Dog Corptraining.com. Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this Site and/or other Content, including but not limited to blog, email, videos, live streams, webinars, communities and/or teleseminars, you acknowledge that the Company CANNOT GUARANTEE THE OUTCOME OF THE SiteS and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and Sites purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not veterinarians, medical professionals, licensed psychologists, attorneys, or financial advisers, and the Sites or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
You acknowledge that the Company has not and does not make any representations as to the future income, outcomes, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s website, programs, products or Sites. Testimonials, earnings, or examples shown through Company’s website, programs, and/or Sites are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Company’s programs and/or Sites.
If you have any questions or concerns regarding these Disclaimers, please email: info@TrainMyWonderDogcom.
Updated: 3/8/2024