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terms of service

Terms of Service

General Information
Please read these Terms of Use carefully. They govern your use of The Academy for Dog Trainers website (the “Site”) and create a legal agreement between you and The Academy for Dog Trainers LLC (the “Academy”). In the event you enroll in the Academy for Dog Trainers Course (the “Course”), these Terms of Use will also govern all aspects of your participation in the Course and potential designation as an Academy-certified trainer. From time to time, these Terms of Use may be updated or modified by the Academy. Accordingly, the Academy recommends that you bookmark this page, visit regularly, and note any and all changes. If you do not agree and accept without modification the notices, terms and conditions set forth in these Terms of Use, do not use the Site or enroll in the Course.

While the Academy believes that it has employed reasonable measures at the time of awarding Certification and admitting Certified individuals to the Referral List, THE ACADEMY MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES OF ANY KIND AS TO, AND ASSUMES NO RESPONSIBILITY FOR, THE PRODUCTS, SERVICES OR EVENTS PROVIDED BY THE INDIVIDUALS ON THE REFERRAL LIST OR THE RESULTS THEREOF.  THIS REFERRAL LIST IS A COMPILATION OF THE INFORMATION PROVIDED BY TRAINERS WHO HAVE RECEIVED CERTIFICATION FROM THE ACADEMY AND WHO HAVE SUCCESSFULLY APPLIED TO BE INCLUDED ON THE REFERRAL LIST. THE INFORMATION HAS NOT BEEN INDEPENDENTLY VERIFIED BY THE ACADEMY FOR ACCURACY OR COMPLETENESS. THE ACADEMY MAY, BUT HAS NO OBLIGATION TO, REVIEW OR UPDATE THE REFERRAL LIST AT ANY TIME FOR ANY REASON. IN ADDITION TO THE GENERAL DISCLAIMERS PROVIDED ELSEWHERE IN THESE TERMS OF USE, THE ACADEMY EXPRESSLY DISCLAIMS ALL LIABILITY FOR DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR PERSONAL INJURY OR DEATH, ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCTS OR SERVICES PROVIDED BY THE INDIVIDUALS ON THE REFERRAL LIST, OR ARISING OUT OF ATTENDANCE AT THE EVENTS LISTED, AND THE ACADEMY’S LIABILITY AND DAMAGES IN CONNECTION WITH THE REFERRAL LIST SHALL BE ALSO LIMITED AS GENERALLY PROVIDED ELSEWHERE IN THESE TERMS OF USE.

Privacy
These Terms of Use include the Academy’s privacy policy, located at https://academyfordogtrainers.com/privacy-policy/, which is incorporated herein by reference and, therefore, also governs your visits to and use of the Site.

Intellectual Property
All materials on or available through the Site, including text, images, data, and illustrations, as well as all materials provided to you in connection with your enrollment in the Course, whether in printed, digital, or any other format, including without limitation software, audio-visual presentations, reference books, training plans, templates, forms, tools, lesson plans, worksheets, handouts, articles, abstracts, sample agreements, flowcharts, checklists, quizzes, exams, and documents (collectively, the “Materials”) are protected by U.S. and international copyright, trademark, and other intellectual property laws, and is owned, controlled, or licensed by the Academy. UNAUTHORIZED COPYING, REPRODUCTION, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING OR DUPLICATING THE MATERIALS, IN WHOLE OR IN PART, IS PROHIBITED. Provided that you agree to and accept without modification the notices, terms and conditions set forth in these Terms of Use, the Academy grants you a personal, non-exclusive, non-assignable and non-transferable license to visit, view, and retain a copy of pages of the Site for your own personal, non-commercial use only. If you have enrolled in the Course under a single-user license, the Academy grants you a personal, non-exclusive, non-assignable and non-transferable license to access, download and use a single copy of the Materials for the purpose of completing the Course and for your own reference as a trainer. In no event may you use the Materials for any commercial purpose, including for the purpose of providing dog training classes to others. If you have enrolled in the Course under a multiple-user license, the Academy grants you a personal, non-exclusive, non-assignable and non-transferable license to access, download and use up to five copies of the Materials for the purpose of training up to five individuals within your own organization. In no event may you use the Materials for any commercial purpose, including for the purpose of providing dog training classes to more than five persons, or to any persons outside your organization. You may not modify, copy (except as expressly set forth in this paragraph), distribute, transmit, display, perform, reproduce, publish, create derivative works from, license or sublicense, assign, or otherwise transfer this license or any of the Materials or any information, material, software, products or services from the Site. You may not link to or frame the Materials, the Site, or any portion thereof, for any purpose unless specifically authorized in writing by the Academy. Nothing herein grants you any license, express or implied, to use any of the Academy’s federal or common-law trademarks. Moreover, you may not visit or use the Site to appropriate the Academy’s trademarks or trade dress and/or to copy or imitate the “look and feel” of the Site, or any portions thereof, for any reason.

Access and Interference
You will not use any robot, spider, crawling, scraping, or other automated device, process, or means to access the Site, nor will you use any manual process to monitor or copy the Site or the Materials contained thereon for any unauthorized purpose without the Academy’s prior written permission. You will not use any device, software, routine, or take any action that interferes with the proper working of the Site.

Registration and Account Security
You represent and warrant that the registration and enrollment information you provide to the Academy is and will remain true and accurate. You are solely responsible for the security and confidentiality of your password and account. Furthermore, you are solely responsible for any and all activities that occur under your account. You agree to immediately notify the Academy of any unauthorized use of your account or any other breach of security with regard to your use of the Site of which you become aware.

Third-Party Sites
For your convenience, the Site may reference or link to other third-party sites throughout the web (“Third-Party Sites”). The Academy has no control over Third-Party Sites or the content within them. Accordingly, the Academy cannot guarantee, represent, or warrant that the content contained on such Third-Party Sites is accurate, legal, and/or inoffensive. These Terms of Use do not extend to your use of Third-Party Sites, and your use of Third-Party Sites is solely at your own risk. By using the Site to link to Third-Party Sites, you understand and agree that you may not make any claim against the Academy for any damages or losses, whatsoever, resulting from your use of the Site to link to Third-Party Sites.

Forums and Public Communication
For your convenience, the Site may offer discussion forums and blog opportunities (“Forums”) where you and other users can submit content for public viewing (“Forum Content”) to facilitate your socializing and networking with others interested in dog training. You agree that all Forum Content is the sole responsibility of the individual or entity from whom such Forum Content originated. This means that you (and not the Academy) are entirely responsible for all Forum Content that you submit via the Forum or elsewhere on the Site. The Academy does not control or guarantee the accuracy, completeness, usefulness, integrity, or quality of Forum Content. You understand and agree that you may be exposed to Forum Content that is offensive, indecent, or objectionable. Under no circumstances will the Academy be liable in any way for any Forum Content, including any errors or omissions in any Forum Content or any loss or damage of any kind incurred as a result of the use of any Forum Content submitted via the Site.

Your Participation in the Forums
You agree that you will not use a Forum or the Site to submit or otherwise make available Forum Content that:

1. Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, racially or otherwise hateful, or otherwise objectionable;
2. Harms minors;
3. Impersonates any person or entity or falsely states or otherwise misrepresents your affiliation with a person or entity;
4. Conflicts with any obligations you have under law including under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non-disclosure agreements);
5. Infringes any copyright, trademark, patent, trade-secret, or other proprietary rights of any third party;
6. Constitutes or contains unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of unauthorized solicitation;
7. Constitutes or contains software viruses or any other computer code, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
8. Interferes with or disrupts the Site, related services, or servers or networks connected to the Site or disobeys any requirements, procedures, policies, or regulations of networks connected to the Site or related services;
9. Violates any applicable local, state, national, or international law or any regulations having the force of law; or
10. Is used to stalk or otherwise harass another.

Forum Content Posted to Forums
You acknowledge that the Academy may or may not pre-screen Forum Content, but that the Academy will have the right in its sole discretion, for any reason whatsoever (or for no reason) to pre-screen, refuse, move, or remove any Forum Content that is available via the Site. Without limiting the foregoing, the Academy may remove any Forum Content that violates the Terms of Use or is otherwise objectionable in the Academy’s sole discretion.

The Academy asserts no ownership rights over the Forum Content you post, transmit, or otherwise make available for inclusion on the Forums or elsewhere on the Site. With respect to such Forum Content, however, you grant the Academy a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such Forum Content on the Forums, anywhere on the Site, or elsewhere and in any media for the purpose of providing, promoting, or advertising the Site and related services; such license will survive the termination, for any reason, of these Terms of Use.

Academy Certification
The Academy currently offers certification of Academy training (“Certification”) of enrollees who complete the CTC professional Course, submit videos demonstrating their ability to apply lessons of the Course in an actual training situation, and obtain a satisfactory score on four exams testing their mastery of principles taught in the Course. The Academy may change the criteria for Certification or discontinue the availability of Certification at any time without notice. You acknowledge and agree that the determination of whether the criteria for Certification are met is in the sole discretion of the Academy and that enrollment in the Course does not assure Certification. Moreover, the Academy reserves the right to revoke a user’s Certification at any time and for any reason, or for no reason, and without prior notice, in the sole and absolute discretion of the Academy. You further acknowledge and agree that the Academy will have no liability whatsoever on account of any user’s failure to receive Certification or the revocation of any user’s Certification.

Academy Referral List
Any enrollee who obtains Certification may request inclusion on the Academy’s referral list (“Referral List”) by completing a form obtainable from the Academy. The purpose of the Referral List is to provide a resource to dog owners to find competent trainers who train without aversives (pain, fear, coercion, etc.). Accordingly, you acknowledge and agree that the determination of whether the criteria for inclusion on the Referral List are met is in the sole discretion of the Academy and that Certification does not assure inclusion on the Referral List. Moreover, the Academy reserves the right to remove anyone from the Referral List at any time and for any reason, or for no reason, and without prior notice, in the sole and absolute discretion of the Academy. You further acknowledge and agree that the Academy will have no liability whatsoever on account of any user’s failure to be placed on the Referral List or removal from the Referral List.

Suspected Violation of these Terms of Use
Reported or suspected violations of these Terms of Use, including unauthorized use of the Site, may be investigated and appropriate legal action may be taken, including civil, criminal and injunctive redress. You agree that monetary damages may not provide a sufficient remedy to the Academy for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. You understand and agree that in the Academy’s sole discretion and for any reason whatsoever, or for no reason, and without prior notice, the Academy may terminate your access to the Site.

Claims of Infringement
The Academy respects the intellectual property of others and requires that you do the same. In accordance with the Digital Millennium Copyright Act (“DMCA”), the text of which may be found on the U.S. Copyright Office site at https://www.copyright.gov/legislation/dmca.pdf, the Academy will respond expeditiously to notices of alleged copyright infringement that are duly reported to its designated Copyright Agent identified in the notice below. The Academy will disable and/or terminate the accounts of users who are repeat infringers. If you believe your content has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the Academy’s Copyright Agent the following information:

DMCA Notice of Alleged Infringement (“Notice”)

1. Identify the copyrighted work that you claim has been infringed, or, if multiple works are covered by the Notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify the material or link you claim is infringing and provide a description of where the infringing work is located on the Site.
3. Provide your mailing address, telephone number and, if available, email address.
4. Include both of the following statements in the body of the Notice:
   • I hereby state that I have a good-faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., fair use).
   • I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
5. Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed, to the Academy at:
Jean Donaldson (Copyright Agent)
The Academy for Dog Trainers LLC
PO Box 8655, Emeryville CA 94662

While the Academy considers all such notices seriously, you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that content or activity is infringing. For example, see Online Policy Group v. Diebold. Accordingly, if you are uncertain whether material infringes your copyrights (including whether use of copyrighted material may constitute fair use) you may wish to seek the advice of an attorney.

General Legal

Warranty Disclaimers
YOUR USE AND BROWSING OF THE SITE AND ENROLLMENT IN THE COURSE ARE SOLELY AT YOUR OWN RISK. THE SITE, EVERYTHING ON THE SITE, AND ALL MATERIALS PROVIDED IN CONJUNCTION WITH THE COURSE, INCLUDING THE MATERIALS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE ACADEMY, ITS AFFILIATES AND AGENTS, SPECIFICALLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WITHOUT LIMITATION, THE ACADEMY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SITE, THE COURSE, OR THE MATERIALS, AS APPLICABLE, WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR ITS SERVER, OR THE SOFTWARE USED TO DELIVER THE COURSE ARE OR WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, THE ACADEMY, ITS AFFILIATES AND AGENTS MAKE NO WARRANTIES OR REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SITE, THE MATERIALS, OR THE COURSE. YOU UNDERSTAND AND AGREE THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Indemnification
You will defend, indemnify, and hold the Academy, its affiliates and agents harmless from any claims, liabilities, losses, penalties, fines, costs or expenses arising out of or related to: (i) your use of and access of the Site and the Materials and your enrollment and participation in the Course; (ii) your violation of any of these Terms of Use; (iii) your violation of any third-party right, including any copyright, trademark, trade dress, trade secret, or privacy right with regard to content available on the Site or delivered in conjunction with the Course. This defense and indemnification obligation will survive the termination of these Terms of Use, your use of the Site, and your participation in the Course.

Limitation of Liability
IN NO EVENT WILL THE ACADEMY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE, THE MATERIALS, OR THE COURSE, WHETHER IN A CONTRACT ACTION OR BASED ON NEGLIGENCE, OR OTHER TORT CLAIM, OR ANY OTHER CLAIM WHATSOEVER, EVEN IF THE ACADEMY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE ACADEMY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, IN ACCESSING THE SITE OR ENROLLING IN THE COURSE.

Termination
The Terms of Use, the Site, the Course, your Certification, and/or your inclusion on the Referral List, if any, may be terminated by the Academy for any reason (or for no reason) at any time without notice. In the event of termination, you are no longer authorized to access the Site and all limitations on the Academy’s liability regarding your use of the Site, the Materials, and the Course, and any Forum Content you post, will survive.

General
These Terms of Use will be governed by the laws of the State of California without respect to its conflicts of laws provisions. Any claim or dispute between you and the Academy that arises in whole or in part from the Site, the Materials, the Course or your Certification or inclusion on the Referral List, if any, will be decided exclusively by a court of competent jurisdiction located in San Francisco, California. Use of the Site is unauthorized in any jurisdiction that does not give full effect to all provisions of these Terms of Use, including without limitation this paragraph and the warranty disclaimers and liability exclusions above. The Academy has endeavored to comply with all legal requirements known to it in creating and maintaining the Site, but makes no representation that Materials on the Site are appropriate or available for use in any particular jurisdiction. Use of the Site is unauthorized in any jurisdiction where all or any portion of the Site may violate any legal requirements and you agree not to access the Site in any such jurisdiction. You are responsible for compliance with applicable laws. Any use in contravention of this provision or any provision of these Terms of Use is at your own risk. These Terms of Use, together with the privacy policy located here and any other legal notice published by the Academy on the Site or in the Materials constitute the entire agreement between you and the Academy concerning the Site, the Materials and the Course. If any provision of these Terms of Use are deemed invalid by a court of competent jurisdiction, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remaining provisions of the Terms of Use shall govern such use. The Academy’s failure to insist on or enforce strict performance of any provision of these Terms of Use will not be construed as a waiver of any provision or right.

Contact the Academy
If you have questions, please contact the Academy at info@academyfordogtrainers.com.

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