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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, CHIHUAHUATRAINERS.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 ChihuahuaTrainers.com.
III. CONFIDENTIAL INFORMATION
You acknowledge that the Training Materials contains valuable
confidential information of ChihuahuaTrainers.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, ChihuahuaTrainers.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 ChihuahuaTrainers.com
of any breach of the foregoing warranty during the Warranty Period.
As your sole remedy and ChihuahuaTrainers.com's sole liability
for breach of the foregoing warranty, ChihuahuaTrainers.com will
terminate this agreement and refund to you all license fees you
have paid for the product until that date to ChihuahuaTrainers.com.
All refund requests need to be made through postal mail to ChihuahuaTrainers.com's
post-sales customer service office, the address of which can be
obtained by sending an email to address@dogtraininginstitute.com.
If you are paying a monthly fee for continuous access to this
product, and wish to cancel the monthly payments, the cancellation
request also needs to be made through postal mail to ChihuahuaTrainers.com's
post-sales customer service office, the address of which can be
obtained by sending an email to address@dogtraininginstitute.com.
If you have signed up for a free trial of the products, and if
you want to cancel your free trial before you are charged anything,
this cancellation request also needs to be made through postal
mail to ChihuahuaTrainers.com's post-sales customer service office,
the address of which can be obtained by sending an email to address@dogtraininginstitute.com.
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 address@dogtraininginstitute.com will receive a response containing
the address of ChihuahuaTrainers.com's post-sales customer service
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 ChihuahuaTrainers.com.
No refunds would be issued under any circumstances if the written
refund request has not reached ChihuahuaTrainers.com's post-sales
customer service office within the Warranty Period. No free trial
cancellations would be made under any circumstances if the written
cancellation request has not reached ChihuahuaTrainers.com's post-sales
customer service office before the expiry of the free trial period.
The mailing address given in response to your email to address@dogtraininginstitute.com
is the only address that you should send your refund or cancellation
request to. Refund or cancellation requests sent to any other
mailing address of ChihuahuaTrainers.com will not be accepted,
honored, or replied to. If the sales materials of the product
you ordered does not specifically mention a Warranty Period, then
no refunds will be issued for that product under any circumstances.
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. ChihuahuaTrainers.com expressly disclaims all warranties,
express, implied or statutory, including without limitation, the
warranties of merchantability, fitness for a particular purpose
and against infringement.
C. You are not allowed to make any comments criticizing
the Training Materials in the members' only forums that accompany
one or more of our products. You agree that your participation
in the members' only site can be revoked if you make any comments
that are critical of the Training Materials.
V. INDEMNITY
You agree to indemnify and defend ChihuahuaTrainers.com, at your
expense, against any claim or action brought against ChihuahuaTrainers.com
arising out of or related to (1) your use of the Training Materials,
except to the extent covered by ChihuahuaTrainers.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
license fee charged by ChihuahuaTrainers.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 license
fee charged by ChihuahuaTrainers.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, ChihuahuaTrainers.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
ChihuahuaTrainers.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 ChihuahuaTrainers.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 ChihuahuaTrainers.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. ChihuahuaTrainers.com is not responsible for any
data or other information available from any third party website
and you acknowledge that ChihuahuaTrainers.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 fees, if any (collectively, "Fees"). If you
are paying a monthly fee to access the Training Materials, you
will be automatically charged the appropriate fee every month.
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, ChihuahuaTrainers.com will
give you access to the Training Materials within a reasonable
time.
XIII. YOUR INFORMATION
In order to use the Training Materials, ChihuahuaTrainers.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 ChihuahuaTrainers.com
has reasonable grounds to suspect that such information is false,
inaccurate, not current or incomplete, ChihuahuaTrainers.com reserves
the right to refuse to permit you to access the Training Materials.
ChihuahuaTrainers.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 ChihuahuaTrainers.com has every intention to keep your monthly
fee (if any) at what it was when you originally purchased the
Training Materials, it reserves the right to increase the monthly
fee that you are currently paying in good faith, in response to
changes in market conditions. If we decide to increase the monthly
fee, we will send you an email informing you about the increased
fee. If you do not agree to pay the increased monthly 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 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 ChihuahuaTrainers.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 ChihuahuaTrainers.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 ChihuahuaTrainers.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.
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