Zen Dog, LLC, (“Company”, “Us”, or “We”) is excited to welcome You (“You”, “Your”, “Client,” “Customer,” “Member,” or “Team”) to the Zen Dog’s School (“Site”) and the other Users of the Site (“Members”, “Customers,” “Teams”).

As a condition of using the Site, You agree to be bound by the following Terms and Conditions (“Terms”, “Terms of Use”, “Contract,” or “Agreement”).

Terms of Use

 

1. Acceptance of Terms

 

Zen Dog, LLC (referred to as “Company,” “Us” or “We”), provides the  https://zen-dog.thinkific.com website and various related services (collectively referred to as the “Site”), as well as various products and offerings (collectively referred to as “Offerings”), subject to your compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreement(s) between us and You.

 

We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site and Offerings after such modifications will constitute acknowledgement and acceptance of the modified Terms.

 

As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or contents and Offerings available on this Site.

 

BY USING THIS SITE AND OFFERINGS ON THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS, PLEASE EXIT THE SITE AND/OR DO NOT CREATE A STUDENT PROFILE (ALSO KNOWN AS “CLIENT ACCOUNT”, “CUSTOMER ACCOUNT”, “CUSTOMER PROFILE”, OR “TEAM ACCOUNT”). YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE, PRODUCTS, OR OFFERINGS AVAILABLE ON THIS SITE, OR THESE TERMS IS TO CEASE USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR OFFERINGS. THESE TERMS ARE EFFECTIVE AS OF 12/6/2023.  

 

2. Offerings

 

2.1    Offerings Overview. We provide a number of Offerings for users on Site, including but not limited to, free social media education content, free self-paced course promotion, free self-paced course for consumption and learning, self-paced courses for purchase, self-paced courses to consume and learn, coaching memberships for purchase, coaching memberships for subscription, coaching memberships for consumption and learning, other paid and free services promotion, purchase, and consumption, opportunities to apply to paid offers, community pages and forums, educational resources, and other like information. You are solely responsible for providing, at your own expense, all equipment necessary to use the services, including a computer and modem; and your own Internet access (including payment of fees associated with such access).

 

2.2    Self-Paced Courses. Our self-paced courses (“Courses”) are instructed by Tara (“Instructor”, “Teacher,” or “Trainer”) and other Zen Dog Trainers/Teachers. Courses are designed to help You learn the skills and knowledge necessary to train your dog.

 

Courses may include Company’s processes, methodologies, handouts, worksheets, trainings, videos, audio recordings and any other materials.

 

Courses do not include access to Memberships, Coaching support of any kind, Communities, or Events.

 

(a)     Free Self-Paced Courses. Free Self-Paced Courses have no fee. Access to Free Self-Paced Courses expire one year from enrollment or after 90 days of client inactivity, whichever comes first. For the purpose of this agreement, “90 days of client inactivity” refers to User not logging into their client portal, not watching course lessons, not reviewing course handouts, worksheets, trainings, audio recordings, and/or other materials included in the free self-paced course.

 

(b)    Self-Paced Courses for Purchase. Self-Paced Courses may have one-time fees or payment plan options. Self-Paced Courses may have different expiration dates ranging from 30 days after purchase to 1 year after purchase. Regardless of which Self-Paced Course was purchased, We reserve the right to remove and expire user access from purchased Self-Paced Course(s) after 182 days of client inactivity. For the purpose of this agreement, “182 days of client inactivity” refers to user not logging into their client portal, not watching course lessons, not reviewing course handouts, worksheets, trainings, audio recordings, and/or other materials included in the self-paced course(s) they purchased.

 

2.3    Memberships/Subscriptions. Our Memberships, also known as “Subscriptions”, are facilitated by Tara (“Coach” or “Facilitator”) and other Zen Dog Trainers/Teachers, and are designed to help You learn the skills and knowledge necessary to train your dog.

 

(a)     Fearless Grooming. Membership includes:

For purposes of this Agreement, Fearless Grooming Curriculum shall refer to Company’s processes, methodologies, handouts, worksheets, trainings, videos, audio recordings and any other materials that currently exist or may later be created for the Fearless Grooming Membership (“Fearless Grooming Curriculum”).

If enrolled in Fearless Grooming, Members understand and acknowledge that recording videos of their training sessions with their dog is required in order to be successful and get their desired results. You agree to present recording videos of training sessions in Fearless Grooming coaching calls and in the Fearless Grooming Community in order to get desired results and coaching support. You understand that noncompliance with recording training sessions and video submissions will greatly affect the Your success within the Membership.

Access to Fearless Grooming Curriculum, Fearless Grooming Resource Library, Fearless Grooming coaching calls, Fearless Grooming events, and Fearless Grooming Member-Exclusive Community Page will terminate when You cancel Your Fearless Grooming Subscription or You fail to pay for Fearless Grooming Subscription on the day it’s due (see Section 3 – Payment).

(b)    Tolerant Toenails. Membership includes:

For purposes of this Agreement, Tolerant Toenails Curriculum shall refer to Company’s processes, methodologies, handouts, worksheets, trainings, videos, audio recordings and any other materials that currently exist or may later be created for the Tolerant Toenails Membership (“Tolerant Toenails Curriculum”).

If enrolled in Tolerant Toenails, Members understand and acknowledge that recording videos of their training sessions with their dog is required in order to be successful and get their desired results. You agree to present recording videos of training sessions in Tolerant Toenails coaching calls and in the Tolerant Toenails Community] in order to get desired results and coaching support. You understand that noncompliance with recording training sessions and video submissions will greatly affect the Your success within the Membership.

Access to Tolerant Toenails Curriculum, Tolerant Toenails Resource Library, Tolerant Toenails coaching calls, Tolerant Toenails events, and Tolerant Toenails Member-Exclusive Community Page will terminate when You cancel Tolerant Toenails Subscription or You fail to pay for Tolerant Toenails Subscription on the day it’s due (see Section 3 – Payment).

 

2.4    Communities. Communities are facilitated by Tara (“Facilitator”), other Zen Dog Coaches or Trainers, or Administrative Team by Zen Dog. Our Communities may be part of Memberships, by invite-only, available for purchase individually, or available to join for free.

 

Regardless of which Community you join, if you are part of one or more Community, you agree to these terms:

 

(a)     You agree to be respectful, welcoming, and compassionate to the other Members in the Community. Disrespect and harassment will not be tolerated in the Community whatsoever. Demonstrating disrespect or harassment towards another Member will result in immediate removal from the Community without the possibility of rejoining in the future and without the possibility to join a different Community on this Site. In the event that You are removed from the Community for disrespecting or harassing another Member, no refund will be issued.

(b)    You acknowledge and agree that all posts, comments, pictures, videos, or other contributions made inside the Community Page may be used and distributed by Zen Dog and/or Tara, and may be electronically displayed via the Internet for educational and promotional purposes.

(c)     By making any post, comment, picture, video or other contribution inside the Community Page You grant permission to Company the rights of the image, in video or still, and of the likeness and sound of any voices or faces (of a person, dog, or cat) recorded on audio, video tape, and/or social media content without payment or any other consideration. You understand that the people, dogs, cats, and/or other content contained in the image, video, or audio may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product.

(d)    By making any post, comment, picture, video or other contribution inside the Community Page You understand written words may serve as testimonials, feedback, promotion of the Site and Offerings therein, or educational content. You understand words may be edited, copied, exhibited, published or distributed. You waive the right to inspect or approve the finished product.

(e)     By making any post, comment, picture, video or other contribution inside the Community Page You waive any right to royalties or other compensation arising or related to the use of the image, video, audio, or recording. You waive any right to royalties or other compensation arising or related to the use of your written post or comment.

(f)      You understand that this material may be used in diverse educational and promotional settings within an unrestricted geographic area and that there is no time limit on the validity of this release.

(g)    Photographic, audio or video recordings, or written words may be used for ANY USE by Zen Dog and Tara, which may include but is not limited to: Social Media Content, Video and Podcast Production, Offering­­­s, Speaking Engagements, Online and In-Person Events, News (Press)

 

Access to Free Communities will expire one year from joining or after 90 days of user inactivity, whichever comes first. For the purpose of this agreement, “90 days of  user inactivity” refers to user not logging into Your client portal, not accessing the Free Community Page, and/or not participating in any posts, comments, threads, or forums held within the Free Community Page.

 

Purchased Communities may have one-time fees or payment plan options. Purchased Communities may have different expiration dates ranging from 30 days after purchase to 1 year after purchase. Regardless of which Community You  purchase, We reserve the right to remove and expire user access from purchased Communities after 182 days of user inactivity. For the purpose of this agreement, “182 days of user inactivity” refers to user not logging into Your client portal, not accessing the Purchased Community Page(s), and/or not participating in any posts, comments, threads, or forums held within the Purchased Community Page(s).

Access to Communities that are part of a Membership will terminate according to the Membership termination policy as written in Section 2.3.

2.5    Coaching. Coaching is facilitated by Tara (“Facilitator”), other Zen Dog Coaches or Trainers, and/or Administrative Team by Zen Dog. Coaching may be fulfilled in a Group and/or one-to-one (“1:1”). Coaching may be conducted over survey, quiz, direct message, email, voice message, video message, video call, Lives in Community pages, as well as in comments, posts, and replies in Community Pages. Types of coaching support, the locations of coaching, frequency, and duration is unique to each respective offering. Coaching may be part of Memberships, by invite-only, available for purchase individually, or available to join for free.

 

Regardless of which Coaching support you access, if you choose to participate in Coaching, you agree to these terms:

 

(a)     You agree to be respectful, welcoming, and compassionate to the other Members in Coaching. Disrespect and harassment will not be tolerated in the Coaching whatsoever. Demonstrating disrespect or harassment towards another Member will result in immediate removal from Coaching without the possibility of rejoining in the future and without the possibility to join a different Coaching offer on this Site. In the event that You are removed from the Coaching for disrespecting or harassing another Member, no refund will be issued.

(b)    You understand all coaching calls will be recorded.

(c)     You acknowledge that replays of each coaching call may be put into Memberships, Site Curriculum, Courses, Resource Library, or any other materials that currently exist or may later be created for the Site, and may be viewed by former, current, and future Users of the site.

(d)    You acknowledge and agree that all written comments in surveys, quizzes, posts, chat boxes, Direct Messages, and Emails, as well as verbal comments, pictures, videos, or other contribution made during Coaching may be used and distributed by Zen Dog and/or Tara, and may be electronically displayed via the Internet for educational and promotional purposes.

(e)     By making or submitting any survey, quiz, post, comment, picture, video or other contribution inside Coaching, You grant permission to Company the rights of the image, in video or still, and of the likeness and sound of any voices or faces (of a person, dog, or cat) recorded on audio, video tape, and/or social media content without payment or any other consideration. You understand that the people, dogs, cats, and/or other content contained in the image, video, or audio may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product.

(f)      By making any survey, quiz, post, comment, picture, video or other contribution inside Coaching, You understand written words may serve as testimonials, feedback, promotion of the Site and Offerings therein, or educational content. You understand words may be edited, copied, exhibited, published or distributed. You waive the right to inspect or approve the finished product.

(g)    By making any survey, quiz, post, comment, picture, video or other contribution inside the Coaching, You waive any right to royalties or other compensation arising or related to the use of the image, video, audio, or recording. You waive any right to royalties or other compensation arising or related to the use of your written post or comment.

(h)    You understand material in Coaching may be used in diverse educational and promotional settings within an unrestricted geographic area and that there is no time limit on the validity of this release.

(i)      Photographic, audio or video recordings, or written words made in Coaching may be used for ANY USE by Zen Dog and Tara, which may include but is not limited to: Social Media Content, Video and Podcast Production, Offering­­­s, Speaking Engagements, Online and In-Person Events, News (Press)

(j)      You acknowledge that any coaching calls may be canceled or rescheduled by Facilitator, Coach, or Trainer at any time without notice.

(k)    You understand that recording dog training sessions on videos is required in order to receive your desired coaching support. You agree to present recording videos of dog training sessions in coaching calls and in the Community Page. You understand that noncompliance with recording training sessions and video submissions will greatly affect Your success within the Membership and/or Community as well as Your ability to get desired results from the offering. You acknowledge that not submitting a training video with your question to a Coach or Trainer may impact the quality and helpfulness of the Coach’s or Trainer’s answer and support.

(l)      Questions will be answered during coaching calls in the order they are received.

(m)   In order for 1:1 coaching calls to be most beneficial to You, You agree to schedule your 1:1 coaching call at least 48 hours ahead of time, and submit any questions, training recording videos, requested materials, and/or homework to Tara at least 48 hours prior to Your 1:1 Coaching Call. You acknowledge and agree that should you fail to submit Your materials within this time-frame, Facilitator, Coach, or Trainers reserves the right to cancel Your call, and Your call may be forfeited.

(n)    In the event that you need to reschedule a 1:1 Coaching Call, You may do so by emailing [email protected] at least 48 hours prior to Your call. You acknowledge and agree that You will only be permitted to reschedule 1 time per 2 months. Should you fail to adhere to these policies, Your access to 1:1 coaching calls may be forfeited.

(o)    We respect Your time and commitment to the Coaching Calls and expect You to respect our time and commitment throughout the duration of the coaching relationship. You are expected to be available for Your Group and/or 1:1 Coaching Calls on the days and times in which you have indicated your availability.

 

 

2.6    Events. Events are facilitated by Tara (“Facilitator”), other Zen Dog Coaches or Zen Dog Trainers, Guest Trainers not part of the Zen Dog Team, or Administrative Team by Zen Dog. Events may be fulfilled in a Group and/or one-to-one (“1:1”). Events may be purchased and fulfilled online within the Site or may be purchased on the Site and fulfilled In-Person. Events may be conducted over direct message, email, video message, video call, Lives in Community Pages, or at a physical location offline. Types of Events, the locations of Events, frequency, and duration is unique to each respective offering. Events may be part of Memberships, by invite-only, available for purchase individually, or available to join for free.

 

Regardless of which Event you access, if you choose to participate in an Event, you agree to these terms:

 

(a)     You agree to be respectful, welcoming, and compassionate to the other Members in Events. Disrespect and harassment will not be tolerated in Events whatsoever. Demonstrating disrespect or harassment towards another Member will result in immediate removal from Event without the possibility of rejoining in the future and without the possibility to join a different Event offer on this Site. In the event that You are removed from the Event for disrespecting or harassing another Member, no refund will be issued.

(b)    You understand all Events will be recorded.

(c)     You acknowledge that replays of Events may be put into Memberships, Site Curriculum, Courses, Resource Library, or any other materials that currently exist or may later be created for the Site, and may be viewed by former, current, and future users of the site.

(d)    You acknowledge and agree that all written comments in surveys, quizzes, posts, chat boxes, Direct Messages, and Emails, as well as verbal comments, pictures, videos, or other contribution made during Events may be used and distributed by Zen Dog and/or Tara, and may be electronically displayed via the Internet for educational and promotional purposes.

(e)     By making or submitting any survey, quiz, post, comment, picture, video or other contribution during an Event, You grant permission to Company the rights of the image, in video or still, and of the likeness and sound of any voices or faces (of a person, dog, or cat) recorded on audio, video tape, and/or social media content without payment or any other consideration. You understand that the people, dogs, cats, and/or other content contained in the image, video, or audio may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product.

(f)      By making any survey, quiz, post, comment, picture, video or other contribution during an Event, You understand written words may serve as testimonials, feedback, promotion of the Site and Offerings therein, or educational content. You understand words may be edited, copied, exhibited, published or distributed. You waive the right to inspect or approve the finished product.

(g)    By making any  survey, quiz, post, comment, picture, video or other contribution during an Event, You waive any right to royalties or other compensation arising or related to the use of the image, video, audio, or recording. You waive any right to royalties or other compensation arising or related to the use of your written post or comment.

(h)    You understand any material you submit during the Event may be used in diverse educational and promotional settings within an unrestricted geographic area and that there is no time limit on the validity of this release.

(i)      Photographic, audio or video recordings, or written words made during the Event may be used for ANY USE by Zen Dog and Tara, which may include but is not limited to: Social Media Content, Video and Podcast Production, Offering­­­s, Speaking Engagements, Online and In-Person Events, News (Press)

(j)      You acknowledge that any Event may be canceled or rescheduled by Facilitator, Coach, Trainer or Guest Trainer at any time without notice.

 

3. Payment

 

3.1 Fee Overview. If you choose to purchase one or more of the Offerings provided on our Site, you agree to pay all fees associated with the Offerings. You understand that purchasing an Offer requires a full financial commitment.

 

It is the general policy of the Company that all sales are final, and no refund of any kind will be provided. Any purchases made for Offerings subject to an outside agreement will be subject to the terms of that agreement.

 

This site does process credit cards or take other payment processing information. Payment processing is handled through third-party services, such as Thinkific, Stripe, Squarespace, and PayPal.

 

All prices listed on this Site and all purchases made through this Site are in US Currency (“USD”). All prices listed throughout this contract and any other Offer Agreements are in USD. Any users not in the United States are subject to the US price and may incur additional fees from their banks for purchasing outside of their country. We are not responsible for refunding nor will we refund any additional fees Users outside of the US may incur.

 

In the event you sign up for an Offer that is ongoing and incurs recurring charges (such as a Membership, subscription, or payment plan), such charges will be billed in advance of service, and are nonrefundable.

 

You acknowledge that different Offers on this Site have different payment options, and being enrolled in one payment option for one Offer does not mean that same payment structure will be available for a different Offer. Upon purchasing an Offer, You may choose to pay the Fee in full or make monthly payments or pay a recurring membership fee.

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Offerings you have purchased, you agree that we may, at our option, suspend or terminate performance of Offerings or delivery of products and may require you to pay any overdue amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

 

3.2 Memberships/Subscriptions. Our Memberships, also known as “Subscriptions”, are purchased through a recurring payment schedule which automatically charges Your credit card.

 

We are not responsible to send reminders that a recurring subscription charge will occur.

 

Should you choose to make payments under a Membership, You understand that You must maintain a card on file for automatic processing. In the event that Your card is declined, We reserve the right to immediately terminate Your Membership. In order to maintain Membership, you must keep a valid credit card on file in Your Client Portal at all times.

 

We are not responsible to cancel any User’s subscription charge. It is up to You to cancel the subscription charge to prevent payment processing.

 

If choosing a monthly recurring subscription (in which a charge occurs once per month 30 days apart), User is expected to pay for the full month at once. You may cancel Your Membership at any time. If You cancel a Membership before a month is complete, You will not receive a refund for the un-used days. We recommend You cancel your Membership the day before Your next automatic payment to get Your full term in the Membership and still prevent another charge.

 

If choosing a recurring subscription that occurs 2 or more months apart, User is expected to pay for the full term at once. You may cancel Your Membership at any time. If You cancel a Membership before a term is complete, You will not receive a refund for the un-used days or months. We recommend You cancel your Membership the day before Your next automatic payment to get Your full term in the Membership and still prevent another charge.

 

As an example of a recurring subscription that occurs several months apart, if You select a six month recurring subscription, You may cancel your Membership to prevent the next recurring payment at any time. However, You will still have access to the Membership till your full term has expired and no refund will be issued for the days leading up to the term expiration.

 

(a)    Fearless Grooming Program. The Fearless Grooming Program has two subscription options.

i.                     $570 paid once monthly 30 days apart.

ii.                   $3,000 paid once every 6 months

(b)    Tolerant Toenails. Tolerant Toenails has two subscription options.

i.                     $298 paid once monthly 30 days apart.

ii.                   $ 799 paid once every 3 months

Access to Tolerant Toenails Curriculum, Tolerant Toenails Resource Library, Tolerant Toenails coaching calls, Tolerant Toenails events, and Tolerant Toenails Member-Exclusive Community Page will terminate when You cancel Your Tolerant Toenails Subscription.


3.3 Payment Plans. Payment Plan options are offered in lieu of pay-in-full payments for select Offers and are purchased through a recurring payment schedule which automatically charges Your credit card.

 

We are not responsible to send reminders that a recurring subscription charge will occur.

 

Should you choose to make payments under a Payment Plan, You understand that You must maintain a card on file for automatic processing. In the event that Your card is declined, We reserve the right to immediately terminate Your access to the Offer.

 

Payment Plan options cannot be canceled. If You purchase an Offer under a Payment Plan, You are expected to fulfill those payments on time and in full until all payments are paid. Users may not purchase an Offer under a Payment Plan, try the Offer for a short period, and then cancel the payments or early-terminate their access to the Offer. If You enroll in the first payment of an Offer, You are committing to fulfilling all payments for that Offer.

 

Regardless of whether You continue accessing the Offer throughout the duration of Your Payment Plan, You are expected to continue to make payments on time and in full until all payments are paid.

 

Should You choose to pay according to Payment Plan, You acknowledge and agree that You may pay an additional fee, which will make the price of the Offer higher than its pay-in-full option.

 

3.4 Discounts, Coupons, and Promo Codes. We may provide Discounted prices, coupons, and promotional codes (“Discounts”) for select Offers at any time.

A discount for a Membership will only be applied to the first payment of the subscription. Every payment thereafter in the subscription will be at the original price.

A discount may have time limits and may not be available after designated expiration days and/or times.

A User who purchased an Offer without a discount is not entitled to receive the discount or a refund for the discount after the fact.

A User who purchased an Offer before a discount is available is not entitled to a refund for the discount amount after the fact.

Discounts are provided at will of the Company.

 

4. Site Conduct, Posting Policies & Third-Party Websites

 

4.1 User-Created Content Guidelines. Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments or posts you leave on the Site. By posting information on the Site, or by otherwise using any communications service, message board, newsgroup, or other interactive service available on the Site, you agree that you will not post comments, messages, links, code or other information that:

 

(a)     is unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content;

(b)    Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

(c)     Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;

(d)    Consists of unsolicited advertising, junk or bulk email (also known as “spam”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;

(e)     Contains any form of malicious code, files, or programs that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allows you to obtain unauthorized access to any data or other information of any third party;

(f)      Breaches the security of, compromises or otherwise allows access to secured, protected or inaccessible areas of this Site, or attempts to gain access to other network or server via your account on this Site;

(g)    Impersonates any person or entity, including any of our employees or representatives.

 

4.2 No Endorsement. Company neither endorses nor assumes any liability for any material uploaded or submitted by users on any part of the Site. Although we do not pre-screen, police or monitor comments posted on the Site, we and our agents reserve the right to remove any and all postings that we feel do not comply with these Terms and any other rules of user conduct for our Site, or are otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such postings.

 

4.3 Third Party Sites and Information. This Site may redirect or link to other websites on the Internet, or may otherwise include references to information, products or services made available by unaffiliated third parties. While we make every effort to work with trusted, reputable providers, from time to time such sites may contain information, material or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of content hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied.

 

4.4 Promotions. From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services by those third parties, and any other terms, conditions, warranties or representations associated therewith, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.

 

 

5. Company Intellectual Property

 

5.1 Content. For purposes of these Terms, “content” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed by users on our Site and is owned by Company or its Affiliates.

 

5.2 Ownership of Content. By accepting these Terms, you agree that all content presented to you on this Site is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company or its Affiliates.

 

The following are registered trademarks, trademarks or service marks of Zen Dog, LLC or its Affiliates: All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Use grants you any right to use any trademark, service mark, logo, and/or the name of Zen Dog, LLC or its Affiliates.

You acknowledge and agree that any information, processes, communications, published works, photos, videos, graphics, documents, or other materials that You receive access to in an Offer is solely owned by Company. By accepting these Terms, You agree that all Site Content is protected by any and all intellectual property and/or other proprietary rights available within the United States, and is the sole property of Company. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or the name of Company or its Affiliates.

 

5.3 Limitations on Use of Content. Except of a single copy made for personal use, You may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any content from this Site in any form or any means whatsoever without prior written permission from Us. Any unauthorized use of Site content violates our intellectual property interests and could result in criminal or civil penalties.

 

5.4 No warranty for Third-Party Infringement. Neither our Affiliates nor we warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of third parties.

 

5.5 Confidentiality and Confidential Information. You acknowledge and understand the competitive value and confidential and privileged nature of internal, non-public financial and business information of Company, including without limitation all Intellectual Property (as defined above). Upon termination of this Agreement, or upon any earlier written request from Company, You will return all confidential information and materials without retaining any copies of any such information or materials. Each party will maintain in strict confidence, and will use and disclose to third parties only as authorized by the other party in writing, all Confidential Information of the other party, including without limitation any materials that it may receive in connection with any work performed under this Agreement.

 

6. Content You Create

 

6.1 Your Intellectual Property Rights. Subject to our Privacy Policy, any communication or material that You transmit to this Site or to us, whether by email or other means, for any reason, will be treated as non-confidential and non-proprietary user content (“User Content”). While you retain all rights to the User Content, you grant us (including our employees and Affiliates), a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the User Content for any purpose whatsoever, regardless of the form or medium in which it is used.

 

We respect the intellectual property rights of others, and we ask You to do the same. In instances where we are notified of alleged infringing Company-or User Content through our Designated Agent, a decision may be made to remove access or disable access to such materials, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c). We may also make a good faith attempt to contact the person who submitted the affected material so that they may make a counter-notification.

 

If you believe that Company-or User Content provided on this Site has infringed you or someone else’s copyright, you (or the owner or rights holder, collectively, “Rights Holder”) should send notification to our Designated Agent (identified below) immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

 

(a)     Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

(b)    Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holders’ work(s) (for example, file name or URL of the page(s) that contain(s) the material);

(c)     The Rights Holder’s contact information so that we can contact them (including for example, the Rights Holder’s address, telephone number, and email address);

(d)    A statement that the Rights Holder has a good faith belief that the use of the material identified above in 2 is not authorized by the copyright owner, its agent, or the law;

(e)     A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

(f)      The Rights Holder’s electronic signature.

 

Notice may be sent to:

 

Contact Name: Tara Oster

Address: 1029 Illinois Ave, Waterloo IL 62298

Email: [email protected]

 

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

 

6.2 Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

 

7. Email Services & Data Stored on Our Servers

 

7.1 Email Service. We may make email services available to users of our Site, either directly or through a third-party provider. We will not inspect or disclose the contents of private email messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, 18 U.S.C. § 2510, et. seq. or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.

 

7.2 Spam Prevention. We use automated tools or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of malicious or harmful content. However, such tools or techniques are not perfect, and we therefore are not responsible in cases where legitimate communications are accidentally blocked, or unsolicited communications get through to your Company supplied email account.

 

7.3 Storage Provided by Us. While if You opt to store personal data of any kind on our servers, you understand and agree to abide by our general practices and limits concerning use of the Offerings available on our Site, including without limitation the maximum number of days that uploaded content will be retained, the maximum disk space that will be allotted, and the maximum number of times you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this Site. You acknowledge that we reserve the right to remove or terminate accounts which have not paid a subscription fee (when applicable), that remain inactive for longer than 30 days, or in cases where you have violated one or more terms of this Agreement.

 

 

8. Privacy & Security

 

8.1 Login Required. In order to access some of the Offerings on this site, or to post User Content, you may be asked to set up an account and password. Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

 

8.2 Passwords & Security. If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password, and that you are fully responsible for all activities or charges that are incurred under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Company will never ask you for your password.

 

8.3 Disclosure to Third Party Affiliates. You hereby grant us the right to disclose to third parties certain Registration Info about you. The information we obtain through your use of this site, including your Registration Info, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Use.

 

9. Disclaimers and Warranties

 

9.1 Content and Offerings. All content and offerings on this site are provided on an “As Is” and “As Available” basis without warranty of any kind, either express or implied, including, but not limited to: the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing, we make no warranty that

 

                (a) the content or offerings will meet your requirements,

              (b) the content, offerings, or Site will be uninterrupted, timely, secure, or error-free,

(c) the results that may be obtained from the use of the content or offerings will be effective, accurate, or reliable

(d) the quality of the content or offerings purchased or obtained by You from the Site from Us or Our Affiliates will meet Your expectations or be free from mistakes, errors, or defects.

 

9.2 Technical or Other Mistakes. This Site could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the content and offerings at this Site, including prices and descriptions of any products or offerings listed herein, at any time without notice. The content or products available at this Site may be out of date, and we make no commitment to update such content or products.

 

You understand and agree that temporary interruptions of the Site may occur as normal events that are out of Our control. You also understand and agree that We have no control over the third-party networks or service(s) that We may use to provide you with Offerings. You agree that the Offerings available on this Site are provided “AS IS” and that We assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

 

 

9.3 Your Downloading or Other Acquisition from Site. The use of the Offerings or the downloading or other acquisition of any products or content through this Site is done at Your own discretions and risk and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such Activities.

 

 

9.4 Modifications/Discontinuation of Site. We reserve the sole right to either modify or discontinue the Site, including any of the Sites’ features, at any time with or without notice to You. We will not be liable to You or any third party should We exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to these Terms of Use.

 

9.5 No Guarantee. Although we work hard to provide quality Offerings, You understand and acknowledge that We cannot promise or guarantee specific results from using the Site or Offerings available on this site.

 

While We operate to the best of Our ability and judgment, We cannot guarantee that our Offers will yield or guarantee You any specific results. You agree and acknowledge that Your purchase and/or enrollment in an Offer does not guarantee or yield any specific results to you. You agree to not hold Us liable for any results as a participant in an Offer.

 

9.6 Your Additional Expenses.  You will be responsible for any additional expenses that may be incurred as it relates to the implementation of recommended strategies. This includes, but is not limited to, equipment, software, and third-party services.

 

9.7 Dog Training.

(a)     We agree to instruct You so that You can instruct Your dog. We are not responsible to train Your dog.

(b)    You understand that the Offers on this Site are online services, which guide You through training Your own dog.

(c)     We use strictly positive reinforcement dog training methods, and You understand that using any methods other than what is recommended by Us in our Offers may affect the success of Your training.

(d)    You understand that consistent practice throughout every week is required with Your dog in order to see progress during and after the Offer. 

(e)     You understand that We are not solely required to eliminate all behavioral issues, and that in order to see positive results, You must work with Your pet during and after using the Offers.

(f)      You understand that We never offer any guarantees on the elimination of behavioral issues, as it is impossible to predict any future decision the dog, You, or any other party may make which could cause the dog to restart or continue a behavior. 

(g)    You understand that We can only support and troubleshoot with You if We are aware We are needed. Knowing this, You agree to speak up when You have a question. You agree to reach out to Us when You have a question or concern about the techniques taught on the Site and in Offers and/or about how to implement the techniques. 

(h)    You understand that recording videos of Your training sessions with Your dog is required to get results from any and all of Our Offerings. You understand that noncompliance with recording dog training sessions may affect Your results from the Offerings.

(i)      You understand that participating in dog training is not without risk to yourself, the dog, Us, other people, and other dogs. Knowing this, You agree to hold Us harmless of any and all liability of any nature for injury or damage which You, Your family, persons of a third party, the dog, or other dogs, or any property may suffer as a result of participation in training and as a result of enrollment in or purchase of any of our Offerings.

(j)      You in no way hold Us responsible for the behavior of Your dog or dogs during or after purchase and/or enrollment in any of Our Offerings whether they required payment or were free.

(k)    You are fully aware that this agreement constitutes a waiver and release of any injury that You, Your family, other people, the dog, other dogs, or property may incur. 

 

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, THERE ARE NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE OFFERS OR ANY DELIVERABLES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

 

10. Limitation of Liability & Indemnification

 

IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE.

 

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY PROMISES REGARDING OUR OFFERINGS OR CONTENT OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS WITH THE THIRD PARTY THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.

 

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

 

You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of this Site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

Except for indemnification obligations, neither party will be liable for damages that are remote or speculative, or that the breaching party could not reasonably have foreseen when entering into this Agreement.

 

11. Termination of Use

You agree that we may, at our sole discretion, terminate or suspend Your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive or illegal activity may be grounds for barring Your access to this Site, and reporting you to the proper authorities, if necessary.

No Right to Offerings Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, Your right to use the Offerings available on this Site will immediately cease. We shall not be liable to You or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

Either party may terminate this Agreement prior to the end of the Term by giving written notice to the other party. You agree and understand that a termination of this Agreement does not remove or negate Your obligation to pay the full Fee. Upon termination of this Agreement, You will immediately lose access to the Program Curriculum and any Program Content. Your failure to make timely payments may automatically terminate this Agreement without written notice.

 

12. Miscellaneous Provisions

12.1 Indemnification. Each party agrees to indemnify, defend, and hold the other party harmless from all foreseeable claims, losses, expenses, fees (including reasonable attorneys’ fees) costs, and judgments, that may be asserted against the other party that results from its breach of this Agreement, its negligence, or its willful misconduct.

12.2 Governing Law and Dispute Resolution. This Agreement shall be construed under and in accordance with laws of the State of California without regard to conflict of law principles.

Any controversy or claim arising out of or relating to this Agreement, and any other disputes between the parties, shall be resolved in the courts in the State of California.

This site (excluding any Third-Party sites) is controlled by us from our offices within Illinois, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of our office address, by accessing this site both of us agree that the statutes and laws of the State of Illinois, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Illinois, with respect to such matters.

 

12.3 International Use. Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States. Those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Service, and/or information made in connection with this Site is void where prohibited.

 

12.4 Representations. Each party represents to the other party that it has the right to enter into this Agreement and fulfill its obligations without violating any other agreement entered into with any third-party. Each party further represents to the other party that to the best of its knowledge, any and all materials or information of any kind that it provides: (i) does not infringe upon any third-party rights of any kind, including without limitation, any intellectual property rights, unfair competition, or publicity or privacy rights; and (ii) is true and accurate in all respects. 

12.5 Notices. All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Tara Oster at [email protected], if by email, or to our address at 1029 Illinois Ave, Waterloo IL, 62298 United States, if by conventional mail. You agree to allow us to submit notices to you either through the email address provided, or to the address we have on record.

12.6 No Resale Right. You agree not to sell, resell, reproduce, duplicate, distribute, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site or Offerings provided through this Site, beyond the limited rights granted to you under these Terms.

 

12.7 Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and Offerings available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

Neither Party will be liable to the other or will be considered to be in breach of this Agreement, on account of any delay or failure to perform as a result of any acts of God, acts of any political entity, natural disasters, pandemics and epidemics, or any other causes or conditions that are beyond such party’s reasonable control. Should any such event occur, the affected party will give prompt written notice to the other party and will use commercially reasonable efforts to minimize the impact of the event.

12.8 Assignments. The benefits and obligations of each of the parties under this Agreement may not be assigned without the written consent of the other party.

12.9 Schedules and Exhibits. All Schedules and Exhibits to this Agreement, if any, are incorporated by reference into, and made a part of, this Agreement.

12.10 Severability. In case any one or more of the provisions contained in this Agreement, for any reason, is held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions of this Agreement, and shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this Agreement.

12.11 Interpretation. The fact of authorship by or at the request of a party must not affect the construction or interpretation of this Agreement.

12.12 Modifications and Amendments. No modification or amendment of this Agreement or waiver of any provision of this Agreement will be valid unless in writing and signed by both Parties.

12.13 Relationship of the Parties.  The relationship between the Parties under this Agreement is that of independent contractors. No joint venture, franchise, partnership, employment agreement, or agency is created under this Agreement.

12.14 Savings Clause. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

 

12.15 No Waiver. Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

 

12.16 Entire Agreement. This Agreement constitutes the entire agreement between the Parties and supersedes any prior understanding or representation of any kind preceding this agreement. There are no other promises, conditions, understandings or other agreements, whether oral or written, relating to the subject matter of this Agreement.

These terms and conditions constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.

 

By use of this Site, You certify and acknowledge that they have had the opportunity to read this Agreement and that You have voluntarily entered into this Agreement fully aware of its terms and conditions.