Terms of Service
In Other Words — The Legal Stuff
Terms of Service
Any use in this Agreement of the terms “we” or “us” or “our” means or refers to Avidog and “you” or “your” means or refers to the user, subscriber, consumer, customer, company, its agents, affiliates or representatives.
Any use on the Site of the terms “university” and/or “college” are in no way intended to imply that Avidog International II, LLC offers undergraduate and/or graduate courses of study creditable toward any degree.
In the Site, we provide users with access to certain services, information and/or products (the “Service”). You are responsible for obtaining access to the Site, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Site.
There may be some costs associated with your use of the services available through the Site. For example, your pager or cell phone service provider may charge you to receive wireless text messages. Neither Avidog® nor any of its partners, affiliates, licensors or vendors are responsible for any charges related to your use of such services, and you agree that all such costs shall be borne by you.
License and Access
Avidog® grants you a limited license to access and make personal, noncommercial use of the site and the Service. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, sell, transfer or create derivative works from this Site or any content thereof. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Site solely for your own personal, noncommercial use, or to place an order with Avidog® or to purchase products or services from the Site.
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site’s registration forms. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Avidog® suspects that such information is untrue, inaccurate, not current or incomplete, Avidog® has the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Site or any portion thereof. You agree to notify Avidog® immediately of any unauthorized use of your account or any other breach of security.
As a condition of the license granted to you herein, and in addition to any other conditions and restrictions set forth in this Agreement, you may not engage in any of the following activities: downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site or the framing of any content available through the Site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that 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; any action that imposes or may impose (in the sole discretion of Avidog®) an unreasonable or disproportionately large load on Avidog’s infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Avidog® to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by us.
Avidog® reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion, at any time, with or without reason or notice.
With respect to any materials you submit or make available for inclusion on the Site (including, without limitation, text, photos, graphics, images, music and video) (the “Submitted Content”), you hereby grant to Avidog® a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works based on, and sublicense the Submitted Content or any part thereof. You agree that Avidog® shall have the right to use the Submitted Content without compensation or credit to you. You hereby represent, warrant and agree that any Submitted Content does not include anything (including, but not limited to, text, photos, graphics, images, music or video) to which you do not have the full right to grant the license specified in this section, free of any third-party claims of any kind; that the Submitted Content is not subject to any obligation, whether of confidentiality, attribution or otherwise; and your provision of the Submitted Content to the Site complies with all applicable laws, rules and regulations.
Avidog® recommends and offers direct links to many products on the Site. We have an affiliate relationship with some, but not all, of the manufacturers, retailers and/or distributors of products we recommend. Avidog® receives a commission on some, but not all, products directly linked through the Site. If you have any questions about our affiliation with any product, contact us for additional details.
Descriptions of Products, Services and Content
Avidog® does not warrant that descriptions of products or services on this Site, or that any other content of this Site, is or are accurate, complete, reliable, current, or error-free. We do not guarantee that product descriptions or other content on this Site will be accurate, complete, reliable, current, or error-free. Descriptions and images of, and references to, products on the Site do not imply our or any of our affiliates’ endorsement of such products. We reserve the right, with or without prior notice, to change such descriptions, images, and references; to limit the available quantity of any product or service; to honor, or impose conditions on the honoring of, any coupon, coupon code, promotional code or other promotions; to bar any user from conducting transactions; and to refuse to provide any user with any product or service. Price and availability of any product or service offered through the Site are subject to change without notice. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price or prices in effect when such charges are incurred, including all shipping and handling charges. In addition, you are responsible for any taxes that may be applicable to your purchases through the Site. Purchases of products and services through the Site may be subject to additional terms and conditions included on this Site, and you hereby agree to such additional terms and conditions when making a purchase.
Avidog® Courses, Coaching, Products and Resources
Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the Site (collectively, the “Content”), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the Site and the Content, are owned by or licensed to Avidog®.
Avidog® hereby authorizes you to make a single copy of the Content herein for your use in learning about, evaluating, or acquiring Avidog’s goods or services described and offered through the Site (the “Services”). No right, title or interest in any downloaded materials or software or Content is transferred to you as a result of such copying. You agree that you shall not alter or remove any copyright notice or proprietary legend contained on the Site or its Content and you also agree that any copy of the Content provided by you shall include the copyright notice of Avidog® or any other proprietary notice included therein. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the Site or the Content by reverse engineering, disassembling, decompiling or otherwise manipulating the Content or code. You expressly agree that you shall not attempt to, and have no right by virtue of this Agreement to, transfer or sublicense any of the Content or any other material or software included on the Site.
The Site contains Avidog® and third-party trademarks and service marks. All marks are the property of their respective owners. Except as explicitly provided herein, all rights in the intellectual property contained in the Site including copyright, trademark, trade secret and patent rights are expressly reserved for the ownership and benefit of Avidog®. Except as specifically provided herein, access to the Site does not constitute a right to copy or use any of the intellectual property included on the Site. You covenant that you will take no action to register or otherwise interfere with or challenge any intellectual property rights of Avidog® or its affiliates. You agree that you shall grant Avidog® a fully transferable, non-exclusive, perpetual, royalty-free license to use, reproduce, display, distribute and resell all logos, skins and designs uploaded to the Site by you (“Uploaded Design Content”), and you hereby covenant not to sue Avidog®, any of its affiliates or agents or any other subscriber/user with respect to such Uploaded Design Content.
You agree to indemnify and hold Avidog® (and its officers, directors, employees, agents, affiliated entities, and their respective successors and assignees) harmless from any claims, demands, losses, liabilities, judgments, costs and expenses, including reasonable attorneys’ fees, or arising out of or related to your breach of this Agreement or your violation of any law or the rights of any third party.
Disclaimer of Warranties and Limitation of Liability
ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND SERVICES ON THIS SITE, OR OBTAINED FROM A WEBSITE TO WHICH THE SITE IS LINKED ARE PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY OR ACCURACY.
THE INFORMATION, CONTENT AND MATERIAL CONTAINED ON THE SITE IS INTENDED TO BE OF A GENERAL NATURE ONLY AND IS NOT INTENDED TO CONSTITUTE PROFESSIONAL ADVICE. ALWAYS SEEK THE ADVICE OF A PROFESSIONAL DOG TRAINER, VETERINARIAN OR OTHER QUALIFIED PROFESSIONAL IN CONNECTION WITH THE CARE, TRAINING, BREEDING, RAISING AND HANDLING OF DOGS. RELIANCE ON ANY INFORMATION THAT APPEARS ON THE SITE, WHETHER PROVIDED BY AVIDOG® OR OTHERS IS SOLELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIDOG® DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE AND (C) ANY ELECTRONIC COMMUNICATIONS FROM AVIDOG®. AVIDOG® DOES NOT WARRANT THAT (A) THE SITE, (B) ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE OR (C) ELECTRONIC COMMUNICATIONS SENT FROM AVIDOG® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. AVIDOG® DOES NOT ENDORSE AND IS NOT RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT ON THE SITE, NOR FOR ANY OFFENSIVE, DEFAMATORY, OR OBSCENE POSTING MADE ON THE SITE BY ANYONE. IF YOU ARE DISSATISFIED WITH THIS SITE, ANY CONTENT ON THIS SITE OR ANY SERVICES PROVIDED TO YOU THROUGH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE SERVICES OF AVIDOG®. YOU ACKNOWLEDGE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AVIDOG®, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS, AND THEIR RESPECTIVE, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS AND EXPENSES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF AVIDOG® HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SITE, CONTENT OR ANY RELATED SERVICES.
When you use the Site or send emails to Avidog®, you are communicating with Avidog® electronically. You consent to receive communications electronically from Avidog®. Avidog® may communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that are provided to you by Avidog® electronically satisfy any legal requirement that such communications be in writing.
If you no longer wish to receive our newsletter or promotional communications, you may opt out of receiving these communications by clicking on an “unsubscribe” link at the bottom of the newsletter and following the directions given.
If you have any questions regarding the meaning or application of this Agreement, or for customer support or account questions, please direct all such inquiries to email@example.com.
Email and Postings
The Site may provide users with the ability to send email messages to other users and non-users and to post messages on the Site. Avidog® is under no obligation to review any messages, information or content (“Postings”) posted on the Site by users and assumes no responsibility or liability relating to any such Postings. Avidog® may from time to time monitor the Postings on the Site and may decline to accept and/or remove any email or Postings without notice or liability; provided, however, that Avidog® reserves the right to treat Postings on the Site, or on certain portions of the Site, as content stored at the direction of users for which Avidog® will not exercise editorial control except to enforce the rights of third parties and the content restrictions set forth in this Agreement (and any other applicable rules that we post on the Site) when notice of such violations is directed to our attention. You understand and agree not to use any functionality provided by the Site to post content or initiate communications that contain:
- Any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, profane, hateful, racially, ethnically or otherwise objectionable material of any kind, including, but not limited to, any material which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national or international law.
- Advertisements or solicitations of any kind.
- An impersonation of someone else or any kind of false information.
- Information that is deceptive, false, inaccurate or misleading.
- Messages that offer unauthorized downloads of any copyrighted or private information.
- Identical (or substantially similar) messages to multiple recipients advertising any product or service, expressing a political or other similar message, or any other type of unsolicited commercial or promotional message.
- Viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Community, Personal Information and Other Site Users
Information, including any personally identifiable information (meaning any information which can be used to identify a specific individual, such as a name, mailing address, telephone number, or email address), which is posted by you on the Site in any “Community,” “Feedback,” “Comments”` or similar Site locations may be accessible to other visitors to the Site. Making this information available on the Site may result in your receiving “spam” or unsolicited emails. You are encouraged to use discretion when communicating with others or disclosing personally identifiable information online. In addition, we have no control over, and shall have no liability for, any damages resulting from, the use or misuse by any third party of information that you voluntarily make public through the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE INFORMATION OR OTHER INFORMATION PUBLICLY AVAILABLE IN ON THE SITE, YOU DO SO AT YOUR OWN RISK.
You are solely responsible and liable for (and we shall not be responsible or liable for) your interactions with other Site users. Avidog® is not involved in, a party to, or responsible for any communications, correspondence, interactions or transactions, whether verbal or written and whether electronic or otherwise, between you and any other Site user, or any disputes arising therefrom. You agree to release Avidog®, its affiliates and their respective directors, officers, employees, licensors and agents, from all claims, demands, liabilities, losses and damages of any kind and nature, known and unknown, suspected and unsuspected, arising out of or connected with any communications or disputes between you and any other Site user.
Links and Third-Party Content
The Site or third parties may provide links to other World Wide Web sites or resources and may contain content supplied by third parties. Because Avidog® has no control over such sites, resources and third-party content (whether or not Avidog® has authorized any such link or included such third party on the Site), you acknowledge and agree that Avidog® is not responsible for the availability of such sites, resources or content and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites, resources or third parties. Any opinions, advice, judgments, statements, services, offers, or other information or materials expressed or made available by any third party or linked site are those of the respective third parties and not of Avidog®. You further acknowledge and agree that Avidog® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, information, goods or services available on or through any such site or resource or otherwise mentioned on this Site.
You are solely responsible and liable for (and Avidog® shall not be responsible for) your communications with any third parties appearing in or linked to the Site. Any disputes between you and any such third party are specifically and solely between you and the third party. Any warranties or representations made by any such third party are made by the third party and not by Avidog®. Such third parties may require you to provide additional information in order to use them or may collect additional information from you while you are using them. The collection and use of such additional information may be governed by the privacy policies of the applicable third party. YOU AGREE THAT YOUR USE OF THIRD PARTY SERVICES AVAILABLE THROUGH THE SITE IS AT YOUR OWN RISK.
Avidog® reserves the right to prohibit linking to the Site. If you are interested in linking to the Site from your site, please email your request to Avidog®. We may approve or deny your request in our sole discretion.
Password Protected/Secure Areas
Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.