TERMS & CONDITIONS
TERMS AND CONDITIONS OF USE
Read the following Terms of Conditions and Use Agreement before accessing thefamilydog.com and any/all content, products, and/or services. Effective Date: April 2015, as updated and modified May 2019
We reserve the right, at any time, to change or update the terms and conditions of this agreement without prior notice. Any and all changes will become effective immediately upon being posted. By continuing to use the site or our services after we post any changes, you acknowledge and accept any and all changes to the Terms of Conditions of Use.
All users and members of The Family Dog websites, products or services, accept that they have read and understand the Terms and Conditions of Use, are bound by all applicable laws and are responsible for compliance with such. Member/user also agrees that they shall not use or transmit any portion
the website or its materials in a manner that could constitute a criminal or civil offense.
Any claim relating to The Family Dog’s web sites shall be governed by the laws of the State of New Jersey without regard to its conflict of law provisions and/or United States federal law, and/or international law, and/or the law of your jurisdiction, all as applicable.
YOUR REPRESENTATIONS TO US
By undertaking any license hereunder, purchasing any subscription or otherwise availing yourself of any materials provided hereunder, whether paid or free, You represent and warrant to us that:
- You will abide by all terms and conditions hereunder and not violate any requirements hereunder or do anything to interfere with our ownership of the materials licensed to You.
- If You choose to use a live dog as part of any presentation using our materials or under any of our programs, You agree to ONLY bring a certified therapy dog tested and registered by a bona fide, reputable organization.
- You will not hold yourself out as an owner of any of the materials licensed to You or as an employee, representative, or agent of The Family Dog.
- At all times in presenting or training using any of our materials, You shall conduct Yourself as a professional and with professional courtesy.
- If You are required to possess any license to conduct any activity using our materials, You shall obtain and maintain all such licenses at Your own cost at all times while using our materials.
LICENSES AND SUBSCRIPTION MATERIALS
All material on The Family Dog family of websites, whether provided free or through a paid subscription, unless otherwise noted (such as, without limitation, material provided through a link to third-party resources), is proprietary to The Family Dog and should not be disseminated in any form in violation of these Terms and Conditions of Use. Free material provided herein is for personal and family use only and should never be included in any commercial or paid materials without the prior written consent of The Family Dog, or as otherwise noted in your paid subscription.
In addition to general website and free content, The Family Dog also provides subscription-based licenses to specific proprietary instructional packages as noted within each subscription level. Family subscription licenses are limited to one personal license to use the provided materials within one family household for personal use and are not to be shared with other households, friends, or otherwise disseminated beyond the limits of the one household restriction. Dog Pros licenses are intended for dog training professionals who desire to use materials to train others, i.e., display materials to others, provide handouts to trainees, and otherwise use as part of a curriculum for use with third party client trainees, but not intended to be sub-licensed to others for their direct use or general dissemination. Dog Pros licensees have two levels for specific programs. The Single-User Dog Pro license is for one training professional, personal to the subscriber, and may not be transferred to any other person or entity without the prior written permission of The Family Dog. Single-User Dog Pro subscribers are licensed to use the materials so licensed to train others, i.e., their customers, clients, and/or dog owners.
The Company Dog Pro license is specifically in connection with training professionals licensing the Dog Stars, I Speak DoggieTM, and Kid Dog CentralTM program curricula and this license may be shared with up to five (5) employee’s use under the training professional’s license, but may not be sub-licensed beyond this amount or to anyone outside of the training professional’s normal business without prior written permission. Anyone purchasing a subscription hereunder is deemed a Licensee.
All Licenses hereunder are provided on a non-exclusive, revocable, limited as noted above, basis, for use in the United States only unless prior written permission granted for a specific territory, limited in time for the length of the subscription purchased.
All Licensees shall remain liable for the uses made by anyone under their License and are responsible for maintaining the security of their password and online account.
Nothing herein is intended or does, grant any right of ownership interest in or to The Family Dog website(s) or materials.
Each Licensee shall provide:
- The purchase price for the level of subscription for the product/service offered by The Family Dog;
- All equipment and services and associated fees necessary for their own internet connection and access;
- All printing, handouts, and course materials and costs and expenses related thereto for any required or desired such materials; and
- Software to view the elements of the course.
Licensees shall receive an account id and password. Licensees are responsible for protecting their private account information. Licensees agree to notify us immediately if a password has been lost or compromised in any way. Licensees will be held responsible for any and all activities that occur under their account whether authorized or not. The Licensee agrees not to share, resell, archive or make any commercial use of The Family Dog products or services unless expressly authorized to do so, and in that event, only to the limit so authorized. The Family Dog retains the exclusive right to modify or discontinue services at any time, or to update or modify products or materials at any time, and to alter subscription offerings and levels and inclusions at any time, without notice to the Licensee (except that any Licensee shall have access to at least the level of subscription paid for throughout the duration of the then term).
This website is provided “as is” without any representations or warranties, express or implied. You assume total responsibility and risk for your use of the site and the content or materials contained therein. The Family Dog makes no representations or warranties in relation to this website or the information, materials, or services provided on or through this website, or its fitness for any specific purpose.
Without prejudice to the generality of the foregoing or subsequent paragraph, The Family Dog does not warrant that:
• this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading; or
- that by using the training materials provided in any subscription level or the free materials will make you successful in training your or another’s dog or prevent you from any injury associated with interactions with any dog.
THE MATERIALS ON THE FAMILY DOG’S WEBSITE(S) ARE ALSO PROVIDED “AS IS”. THE FAMILY DOG MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE FAMILY DOG DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE(S) OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. THE FAMILY DOG HAS NO LIABILITY FOR ANY INTERRUPTIONS TO THE USE OF THIS SITE.
The Family Dog has not reviewed all of the sites linked to its website(s) and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by The Family Dog of the site. Use of any such linked website or third-party material is provided for convenience only and You acknowledge that You will be leaving The Family Dog website(s) and You do so at Your own risk.
INTELLECTUAL PROPERTY RIGHTS
Our Limited License to You.
Our websites and ALL content on the sites including, but not limited to site design, videos, audio, documents, materials, text, graphics, interfaces, and the arrangement of all is the sole property of The Family Dog and/or third parties protected by intellectual property rights. Our sites are protected by copyright, trademark, and other intellectual copyright laws. Your use of this site and the materials herein is intended to be solely personal and noncommercial (unless licensed under a Dog Pro license, in which case, limited as noted above). You may not use our site or any content for purposes other than noted herein and only to the level of license subscription purchased.
The Family Dog’s logos, graphics, designs, videos, audio files, and any other creations may not be used in connection with any product or service that is not provided by us, or otherwise not according to the license subscription level purchased, or past the subscription term. You shall not use any of our identifying designs or content in any manner that is likely to cause confusion among customers or that is in any way disparaging or discrediting to The Family Dog, or otherwise beyond the scope of the license or Our instructions to You.
FAMILY SUBSCRIPTION LEVEL:
a. Permission is granted to temporarily download one copy of the free (or paid) materials on The Family Dog’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you MAY NOT:
i. modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of the materials or in any manner (including by email or electronic means) distribute them;
ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
iii. attempt to decompile or reverse engineer any software contained on The Family Dog’s web site;
iv. remove or alter any copyright, trademark, or other proprietary notations from the materials;
v. transfer the materials to another person or “mirror” the materials on any other server;
vi. perform any form of extraction or data mining or other commercial exploitation of any kind; or
vii. use any robot, spider, or any other automatic device or manual process to monitor or copy our web pages or the content therein
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Family Dog at any time in their sole and exclusive discretion. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
SINGLE-USER DOG PRO SUBSCRIPTION LEVEL:
a. Permission is granted to temporarily download one copy of the free (or paid) materials on The Family Dog’s website for instructional use in your business only, and authorized for use by You in the training of Your clients. This instruction may be conducted at your business, in schools, at client’s homes or places of business, or virtually through a computer platform video conferencing service. When conducting training through the use of a virtual platform, you may not circumvent the spirit of the license granted by conducting such training with more clients than you would typically be able to offer such training ‘in-person’.
You must at all times note that You are providing training through The Family Dog® programs and never remove or alter any brand designations in the materials provided hereunder. This is the grant of a license, not a transfer of title, and under this license, you MAY NOT:
i. modify, copy, reproduce, republish, upload, post, transmit, sell, create derivative works of the materials or in any manner (including by email or electronic means) distribute them, except as specifically provided for in your specific program module;
ii. sell the materials for others to use, i.e., sublicense to others;
iii. .attempt to decompile or reverse engineer any software contained on The Family Dog’s web site;
iv. remove or alter any copyright, trademark, or other proprietary notations from the materials;
v. transfer the materials to another person or “mirror” the materials on any other server;
vi. perform any form of extraction or data mining or other commercial exploitation of any kind;
vii. use any robot, spider, or any other automatic device or manual process to monitor or copy our web pages or the content therein; or
viii. offer or conduct training services virtually through the use of a computer platform video conferencing application for other than such clients as you would reasonably conduct such services for ‘in-person’.
b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by The Family Dog at any time in their sole and exclusive discretion. Upon terminating your subscription of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
COMPANY DOG PRO SUBSCRIPTION LEVEL:
Same as Single-User Dog Pro subscription, except that only in connection with the Dog StarsTM, I Speak DoggieTM, and Kid Dog CentralTM programs, Licensees may authorize up to five (5) employees (including themselves) to be authorized users of the materials. All other limitations and restrictions apply.
REVISIONS AND ERRATA
The materials appearing on The Family Dog’s websites could include technical, typographical, or photographic errors. The Family Dog does not warrant that any of the materials on its website are accurate, complete, or current. The Family Dog may make changes to the materials contained on its website at any time without notice. The Family Dog does not, however, make any commitment to update the materials.
YOUR LICENSE TO US
By posting or submitting ANY material in ANY form (including but not limited to comments, emails, photos, videos, audio files, etc.) to us, you are representing that:
- You own the material;
- You are 18 years of age or older;
- Submissions do not violate any law;
- You are granting us and anyone authorized by us the rights to a royalty-free, irrevocable, unrestricted, universal license to use, copy, modify, transmit, sell, distribute, display or in any way make public any submissions in any way we choose and for any purpose and to identify you as the author as we see fit, including posting on social media platforms;
- You agree that The Family Dog has the right but not the obligation to use and display any postings or contributions of any kind.
LIMITATIONS ON LINKING AND FRAMING
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site. However, you may not frame or inline link any of the content or materials of the Site, or incorporate into another website or other service any of our material, content, or intellectual property.
LIMITATION OF LIABILITY
IN NO EVENT SHALL THE FAMILY DOG OR ITS PRINCIPALS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY INDIRECT, SPECIAL OR CONSEQUENTIAL INJURY TO PEOPLE OR THEIR ANIMALS, LOSS OR DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION, LOSS OF REPUTATION OR GOODWILL) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON THE FAMILY DOG’S SITES OR ASSOCIATED MATERIALS, EVEN IF THE FAMILY DOG OR THE FAMILY DOG’S AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE.
You agree at all times to indemnify and hold harmless The Family Dog. This includes, but is not limited to liability for any losses, damages, costs, or expenses of any kind or nature (including attorney’s fees) which you have incurred or may later incur resulting from any personal injury to you, your family members, or your dog(s) as well as damage to any personal property based on any activities undertaken after engaging with The Family Dog website, materials, programs or services. These damages include, but are not limited to the loss of income, earnings, bodily injury, pain and suffering, emotional or mental distress, and all veterinary or medical expenses. In addition, you waive any claim which you now have or hereafter may have against The Family Dog.
You accept that The Family Dog has an interest in limiting the personal liability
of its officers and employees. You agree that you will not bring any claim
personally, or as part of a group, against The Family Dog, or its officers,
employees, or vendors in respect of any losses you suffer in connection with the website or the use of its materials.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect The Family Dog’s officers, employees, vendors, agents, subsidiaries, successors, assigns, and sub-contractors as well as The Family Dog.
ASSUMPTIONS OF RISK
You acknowledge and understand that dog training activities involve potential risk of personal injury and injury to personal property, including dogs, which may result from your participation, and/or your animal’s participation, in dog training activities.
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable and necessary for us to provide the materials contained herein and you agree to use the website and its materials according to your own personal discretion and accept all liability for such use and discretion.
If you do not think they are reasonable, you must not use this website or any of its materials.
Our websites may contain areas that allow interactive features such as chat rooms, comment sections, and email services. All responsibility for the content of what is posted lies solely with each user. The Family Dog is in NO WAY responsible for any content in any of the private or public posting areas and the content posted does NOT represent The Family Dog’s (or their affiliate’s) opinions in any way. We are neither responsible for reviewing nor controlling what is posted. However, by using our site you agree that we may monitor all posts at all times. The Family Dog reserves the right to modify or delete comments or materials and to ban users for any reason at any time without prior notice. We may disclose such materials and the circumstances surrounding their transmission to any third party in order to satisfy any applicable law, regulation, legal process, or governmental request and to protect ourselves, our clients, sponsors, users, and visitors.
It is a condition of your use of our website and/or becoming a Licensee hereunder, that you:
- are at least 18 years of age;
- will use the site only as yourself and not impersonate any other person;
- give permission for the comments to be made public and affirm that
they represent your true and accurate work;
- give The Family Dog irrevocable rights to reproduce, distribute, publish,
display, edit, modify, create derivative works from, and otherwise use your submission for any purpose and in any form or media;
- agree not to post any material which is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person as determined by The Family Dog;
- agree never to use the site for any unlawful purpose or the support of any unlawful practice of any kind or beyond the limits of the license granted to you under your subscription level;
- not to infringe on anybody’s rights for any reason;
- not to reveal any private or personally identifiable information in public
areas (such as phone, address, email, or social security numbers);
- not to use our site to advertise or solicit anything of any kind including
services, products, donations, or anything with any promotional or
commercial reasons or references;
- not to post material with any links that lead away from the site;
- not to post material that violates any law;
- not to access or attempt to access our site, content, member areas or
any other content, products, information, or services belonging to The Family Dog by any means not intended to do so (such as hacking);
- not to gather for marketing purposes any email addresses or other
personal information that has been posted by other users of the Site.
Each specific product, service, event, or course will specify its own refund policy.
NOTIFICATION OF CLAIMED COPYRIGHT INFRINGEMENT
The Family Dog designates the following address for receipt of notice of claims of copyright infringement or counter notices as follows: [email protected]
All training companies listed are independent and not employed by The Family Dog. Links to websites maintained by others are “third-party sites”. The Family Dog has no control over, nor is it responsible for such sites, their training methods, and resources. The Family Dog does not endorse, nor assumes liability for any training, content, advertising, or products on or available from such companies. The Family Dog also assumes no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such training, content, or services available on or through any such site or resource. It is your responsibility to carefully review all policies and services that are related to the linked site.
*this version dated May 2019, was modified from and replaces the earlier version dated November 2017 which was modified from the earlier version dated April 2015.