Terms of Use
BY ORDERING THE PRODUCTS
AND SERVICES BEING SOLD FROM THIS SITE, YOU CONSENT TO BE BOUND BY THIS
AGREEMENT.
SUBJECT TO PAYMENT OF APPLICABLE FEES AND TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT,
Dog
Training Insitute, THE OWNER OF THIS WEBSITE, GRANTS YOU A NON-EXCLUSIVE,
NON-TRANSFERABLE, LIMITED LICENSE TO USE THE PROBLEM DOG SOLUTION IN
THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".
I.
SCOPE OF GRANT
YOU MAY ONLY:
Use Problem Dog Solution by yourself;
YOU MAY NOT:
Permit or provide the opportunity to other individuals to use the Problem
Dog Solution;
Permit concurrent use of the Problem Dog Solution;
Create derivative works based on the Problem Dog Solution;
Sell, rent, lease, grant a security interest in, sublicense, distribute
or otherwise transfer rights to the Problem Dog Solution; or
Remove any proprietary notices or labels on the Problem Dog Solution;
or
I
I.
PROPRIETARY RIGHTS
You acknowledge and agree that, other than the license granted to you
in this Agreement, the copyright, patent, trade secret, and all other
intellectual property and proprietary rights of whatever nature of the
Problem Dog Solution, are and shall remain the property of
Dog
Training Institute.
III.
OUR POLICIES
Dog
Training Institute warrants that for 60 days following your purchase
of the Problem Dog Solution, the Problem Dog Solution will perform to
your satisfaction. You may notify
Dog
Training Institute of any breach of the foregoing warranty during the
60 day warranty period. As your sole remedy and
Dog
Training Institute's sole liability for breach of the foregoing warranty,
Dog
Training Institute will terminate this agreement and refund to you all
license fees you have paid for the Problem Dog Solution until that date
to
Dog
Training Institute.
All refund requests need to be made through postal mail to
Dog
Training Institute's post-sales customer service office, the address
of which can be obtained by sending an email to homeosolution@dogtraininginstitute.org.
Any refund or cancellation requests made to any other email address,
or through phone or fax will not be accepted, honored or replied to,
under any circumstances. Refund or cancellation requests made to homeosolution@dogtraininginstitute.org
will receive a response containing the post-sales customer service office
of
Dog
Training Institute's office, but the refund or cancellation request
will only be accepted after you send the written refund or cancellation
request by post to the post-sales customer service office of
Dog
Training Institute.
No refunds will be issued without return of the Problem
Dog Solution. Returns must be made by post to the
post-sales customer service office of
Dog
Training Institute.
No refunds would be issued under any circumstances if the written refund
request has not reached
Dog
Training Institute's post-sales customer service office within 60 days
from the date that you purchase the Problem Dog Solution.
Except as provided in section III
(a) above, the Problem Dog Solution and the services (as defined in
section III
below) are provided to you "as-is", without warranty of any
kind.
Dog
Training Institute expressly disclaims all warranties, express, implied
or statutory, including without limitation, the warranties of merchantability,
fitness for a particular purpose and against infringement.
IV.
INDEMNITY
You agree to indemnify and defend
Dog
Training Institute, at your expense, against any claim or action brought
against
Dog
Training Institute arising out of or related to
your use of the Problem Dog Solution, except to the extent covered by
Dog
Training Institute in this agreement or in any documentation or book
that accompanies the Problem Dog Solution; or
your violation of any terms of this Agreement.
V. TERMINATION
This Agreement and the license granted herein shall remain in effect
perpetually as long as you continue to use Problem Dog Solution. However,
this Agreement and the license will terminate automatically and immediately
if you fail to comply with the terms and conditions described herein
or if you ask for a refund as provided in Section III
of this Agreement. Upon termination of this Agreement, you shall stop
using Problem Dog Solution. Furthermore, upon termination of this agreement,
you are required to return the Problem Dog Solution to
Dog
Training Institute immediately.
VI. COMPLIANCE WITH LAWS; EXPORT CONTROLS
No part of the Problem Dog Solution or its underlying information or
technology may be exported or re-exported in violation of applicable
export control laws, rules and regulations of any country ("Export
Control Laws"). By using the Problem Dog Solution, you agree to
the foregoing and you represent and warrant that you will comply with
all applicable laws, rules and regulations, including without limitation
Export Control Laws.
VII. LIMITATION OF LIABILITY
Dog
Training Institute SHALL HAVE NO LIABILITY ARISING UNDER OR RELATED
TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE Problem Dog Solution
FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES,
EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY
EVENT, THE LIABILITY OF
Dog
Training Institute TO YOU FOR ANY REASON, REGARDLESS OF THE CAUSE OF
ACTION, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY YOU
TO
Dog
Training Institute FOR THE Problem Dog Solution UNDER THIS AGREEMENT.
THE PRICE OF THE Problem Dog Solution HEREIN REFLECTS, AND IS SET IN
RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL
DAMAGES SET FORTH IN THIS AGREEMENT.
VIII. THIRD PARTY SITES
The Problem Dog Solution will direct you to external sites on the World
Wide Web.
Dog
Training Institute is not responsible for any data or other information
available from any third party website and you acknowledge that
Dog
Training Institute shall have no liability to you for any damage or
loss arising from the access to, use of, or reliance on such data or
information. You shall be solely responsible for complying with any
and all terms or conditions imposed by a third party on its website.
IX. FEES AND PAYMENT
Your use of the Problem Dog Solution and the Services is subject to
your prior payment of all applicable fees including shipping and handling
(collectively, "Fees"). Fees and payment information set forth
on this website at the time that you purchased the Problem Dog Solution
are incorporated herein by this reference. You are responsible for any
and all taxes and duties based on the transactions contemplated hereunder.
Upon receipt of payment of the Fees,
Dog
Training Institute will ship the Problem Dog Solution within a reasonable
time.
X. YOUR INFORMATION
In order to use the Problem Dog Solution,
Dog
Training Institute requires that you provide certain personal information,
such as payment information, name and address. You agree to:
provide true, accurate, current and complete information about you as
prompted by the applicable forms, and
maintain and promptly update the information. If you provide any information
that is false, inaccurate, not current or incomplete, or
Dog
Training Institute has reasonable grounds to suspect that such information
is false, inaccurate, not current or incomplete,
Dog
Training Institute reserves the right to refuse to ship you the Problem
Dog Solution.
Dog
Training Institute reserves the right to send you occasional emails
containing tips for using the Problem Dog Solution, or special offers.
XI.
MISCELLANEOUS
This Agreement shall be governed by the laws of the State of West Bengal
in India. Exclusive jurisdiction and venue for any dispute arising out
of or related to this Agreement shall be in the courts serving the city
of Kolkata in West Bengal, India. This page represents the complete
agreement between
Dog
Training Institute and you concerning the subject matter of this Agreement
and supersedes all prior and contemporaneous understandings and agreements
between the parties concerning the subject matter of this Agreement.
This Agreement may be amended only by a writing executed by both parties.
No delay or failure by
Dog
Training Institute to act in the event of a breach or default hereunder
shall be construed as a waiver of that or any succeeding breach or waiver
of the provision itself. You may not assign, transfer, delegate or sublicense
your rights, duties or obligations under this Agreement, in whole or
in part without
Dog
Training Institute's prior written consent. Any attempted assignment
in violation of this Section shall be void. If any provision of this
Agreement is held to be invalid or unenforceable, such provision shall
be reformed only to the extent necessary to make it valid or enforceable,
and the remainder of this Agreement shall not be affected.