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, TRAINPETDOG.COM, THE OWNER OF THIS WEBSITE, GRANTS YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE BOOKS, CONTENT, TOOLS AND RESOURCES PRESENT IN THIS SITE (COLLECTIVELY CALLED "TRAINING MATERIALS") IN THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".

I. SCOPE OF GRANT

YOU MAY ONLY:

(a) access the Training Materials yourself;

YOU MAY NOT:

(a) permit or provide the opportunity to other individuals to use the Training Materials;
(b) disclose the username and password that you use to access the Training Materials to any other individual or company or in any publicly accessible medium;
(c) permit concurrent use of the Training Materials;
(d) modify or translate any portion of the Training Materials (except to the extent of applicable laws), or create derivative works based on the Training Materials;
(e) copy the Training Materials;
(h) sell, rent, lease, grant a security interest in, sublicense, distribute or otherwise transfer rights to the Training Materials; or
(i) remove any proprietary notices or labels on the Training Materials; or
(j) download any of the content, resources or tools that are part of the Training Materials to your computer unless you have been explicity permitted to do so.

II. 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 in the Training Materials, are and shall remain the property of TrainPetDog.com.

III. CONFIDENTIAL INFORMATION

You acknowledge that the Training Materials contains valuable confidential information of TrainPetDog.com ("Confidential Information"). You agree to keep as it confidential and to use it only as permitted under this Agreement. You agree to safeguard the Confidential Information using the same degree of care as you use with respect to your own information of like importance, but in any event with no less than reasonable care.

IV. OUR POLICIES

a. For some of its products, TrainPetDog.com warrants that for a specific period (as outlined in the sales materials of the product that you ordered) following your purchase of the product (hereinafter referred to as "Warranty Period"), the product will perform to your satisfaction. You may notify TrainPetDog.com of any breach of the foregoing warranty during the Warranty Period. As your sole remedy and TrainPetDog.com's sole liability for breach of the foregoing warranty, TrainPetDog.com will terminate this agreement and refund to you all license fees you have paid for the product until that date to TrainPetDog.com.

B. Except as provided in section iv(a) above, the training materials and the services (as defined in section vi below) are provided to you "as-is", without warranty of any kind. TrainPetDog.com expressly disclaims all warranties, express, implied or statutory, including without limitation, the warranties of merchantability, fitness for a particular purpose and against infringement.

V. INDEMNITY

You agree to indemnify and defend TrainPetDog.com, at your expense, against any claim or action brought against TrainPetDog.com arising out of or related to (1) your use of the Training Materials, except to the extent covered by TrainPetDog.com in this agreement or in any documentation or book that accompanies the Training Materials; or (2) your violation of any terms of this Agreement.

VI. TERMINATION

This Agreement and the license granted herein shall remain in effect perpetually as long as you continue to pay the monthly or yearly license fee charged by TrainPetDog.com for the product that you ordered, if any, (except your right to use a free-trial version of any product, if any, which terminates at the end of the trial period). 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 cancel the monthly or yearly license fee charged by TrainPetDog.com (if any) or if you ask for a refund as provided in Section IV of this Agreement. Upon termination of this Agreement, you shall stop using everything included in the Training Materials. Furthermore, upon termination of this agreement, TrainPetDog.com will immediately disable the username and password (if any) that you use to access the Training Materials. The following sections will survive any termination or expiration of this Agreement: III, IV, V and VIII.

VII. COMPLIANCE WITH LAWS; EXPORT CONTROLS

None of the Training Materials or 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 Training Materials, 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.

VIII. LIMITATION OF LIABILITY

TrainPetDog.com SHALL HAVE NO LIABILITY ARISING UNDER OR RELATED TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE Training Materials 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 TrainPetDog.com 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 TrainPetDog.com FOR THE Training Materials UNDER THIS AGREEMENT. THE PRICE OF THE Training Materials HEREIN REFLECTS, AND IS SET IN RELIANCE UPON, THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET FORTH IN THIS AGREEMENT.

XI. THIRD PARTY SITES

The Training Materials may direct you to external sites on the World Wide Web. TrainPetDog.com is not responsible for any data or other information available from any third party website and you acknowledge that TrainPetDog.com 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.

XII. FEES AND PAYMENT

Except for any free-trial version of the Training Materials, if any, your use of the Training Materials and the Services is subject to your prior payment of all applicable fees including ongoing monthly or yearly fees, if any (collectively, "Fees"). If you are paying a monthly or yearly fee to access the Training Materials, you will be automatically charged the appropriate fee every month or year. Fees and payment information set forth on this website at the time that you purchased the Training Materials 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, TrainPetDog.com will give you access to the Training Materials within a reasonable time.

XIII. YOUR INFORMATION

In order to use the Training Materials, TrainPetDog.com requires that you provide certain personal information, such as payment information, name and address. You agree to: (a) provide true, accurate, current and complete information about you as prompted by the applicable forms, and (b) maintain and promptly update the information. If you provide any information that is false, inaccurate, not current or incomplete, or TrainPetDog.com has reasonable grounds to suspect that such information is false, inaccurate, not current or incomplete, TrainPetDog.com reserves the right to refuse to permit you to access the Training Materials. TrainPetDog.com reserves the right to send you occasional emails containing tips for using the Training Materials, or special offers.

XIV. OTHER RIGHTS AND OBLIGATIONS

While TrainPetDog.com has every intention to keep your monthly or yearly fee (if any) at what it was when you originally purchased the Training Materials, it reserves the right to increase the monthly or yearly fee that you are currently paying in good faith, in response to changes in market conditions. If we decide to increase the monthly or yearly fee, we will send you an email informing you about the increased fee. If you do not agree to pay the increased monthly or yearly fee, your only recourse would be to terminate this Agreement and stop using the Training Materials. If you do not terminate the Agreement on your own within 7 days from the time that we send the email, it will be interpreted that you have agreed to pay the increased monthly or yearly fee.

XV. 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 TrainPetDog.com 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 TrainPetDog.com 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 TrainPetDog.com'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.