14-Day Money Back Guarantee
Last Updated: April 01, 2022
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE(THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU
DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE
OR OUR SERVICES.
We proudly offer a zero-risk 14-day money-back guarantee on all of our online courses. Simply email us and tell us you would like a refund and we will process the refund immediately.
For membership-based products, we offer a cancellation-anytime policy. We will not offer a refund for any membership-based products. Users will have access to the product until the end of the month. If you choose to cancel you will no longer be billed.
We have put so much time and effort into creating and hosting these courses (literal blood, sweat and tears) that we are confident you will be thoroughly impressed. Furthermore, all of our courses are continually improved upon as we add new lessons, revise old lessons, and improve the courses based on your feedback.
Any and all digital products purchased from DIYK9.com including video(s), course(s), and course bundle(s) are eligible for a full refund (except for membership-based products) if a request for a refund is made within 14 days of purchase and comply with the below conditions:
To request a refund please send an email to [email protected] from the email address used to purchase the course. Please include in your email your full name, the item or course you are requesting a refund for and if you can share the reason for the refund so we can continue to improve.
If you purchased the wrong course or would like to exchange one course for another please email our team at [email protected] and we will be happy to offer you a refund or exchange.
***Refund Conditions - Due to the proprietary information and exclusive training techniques found in our online training courses we reserve the right to refuse a refund or exchange if it is determined that a customer, after purchase of one of our digital online dog training products, has watched more than 25% of the course(s) and/or has exceeded the 14-day refund period. The processing of a refund will be at the sole discretion of American Standard Dog Training LLC and DIYK9 LLC if the request for a refund comes after 14 days and/or the customer has watched more than 25% of the material presented within a course or package.
Please note: Our web hosting platform, Kajabi, monitors and tracks the progress of all students within the course(s) they have purchased.
Shipping & Delivery Terms and Conditions
We currently do not offer any item(s) that require physical shipping. All digital products will become immediately available to the customer after purchase and by logging into the course and selecting their individual library to access the course(s) they have purchased.
The present terms and conditions (this "Agreement"
or "Terms") is a legal agreement
between you and DIYK9 (hereinafter " DIYK9"), a company duly organized and
validly
existing, located at 20421 SW 51st St,
Fort Lauderdale, Florida 33332. This Agreement
annuls and voids all previous
agreements.
OVERVIEW
The Site (diyk9.com) is operated by DIYK9.
Throughout the Site, the terms "we" "us" and "our" refer to DIYK9. DIYK9offers this Site, including all information, tools, and service available from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By
visiting our Site and/or purchasing something from us, you engage in our
"Service" and
agree to be bound by the following terms and conditions,
including those additional terms and
conditions and policies referenced herein
and/or available by hyperlink. These Terms apply to
all users of the Site,
including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. In the event of an inconsistency
between this
Agreement and any additional terms or policies referenced herein,
the provisions of the
additional terms or policies shall control.
Please
read these Terms carefully before accessing or using our Site. By accessing or
using
any part of the Site, you agree to be bound by these Terms. If you do not
agree to all the Terms
of this Agreement, then you may not access the Site or
use any Service. If these Terms are
considered an offer, acceptance is
expressly limited to these Terms.
Any
new features or tools which are added to the current store shall also be
subject to the
Terms. You can review the most current version of the Terms at
any time on this page. We
reserve the right to update, change or replace any
part of these Terms by posting updates
and/or changes to our Site. It is your
responsibility to check this page periodically for changes.
Your continued use
of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL
TERMS
By
agreeing to these Terms, you represent that you are at least the age of
majority in your state
or province of residence, or that you are the age of
majority in your state or province of
residence and you have given us your
consent to allow any of your minor dependents to use
this Site.
You
may not use our products or Site for any illegal or unauthorized purpose nor
may you, in
the use of our products or Site, violate any laws in your
jurisdiction (including but not limited
to motor vehicle laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your
account and right to use our Service.
We
have the right, but not the obligation, to take any of the following actions in
our sole
discretion at any time and for any reason without giving you any prior
notice:
- Restrict, suspend or terminate your
access to all or any part of our Site;
- Change, suspend or discontinue all or any
part of our products or Site;
- Refuse, move, or remove any content that
is available on all or any part of our Site;
- Deactivate or delete your accounts;
- Establish general practices and limits
concerning use of our Site.
You
agree that we will not be liable to you or any third party for taking any of
these actions.
You
understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you
cannot opt
out of receiving these notices.
You
understand that your content (not including credit card information), may be
transferred
unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices. Credit card
information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, use
of the Site, or access to the Site or any contact on the Site,
without express written permission
by us.
You
may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale,
create derivative works, or in any way exploit any of the
content, in whole or in part, found on
the Site. DIYK9content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any
proprietary rights or attribution notices in any content.
You will use protected content solely
for your personal use, and will make no
other use of the content without the express written
permission of
DIYK9 and the copyright owner. You agree that you do
not acquire any
ownership rights in any protected content. We do not grant you
any licenses, express or
implied, to the intellectual property of
DIYK9 or our licensors except as expressly authorized
by these Terms.
SECTION 2 - CREATING
AN ACCOUNT
Once
you create an account with us, you are registered on the
DIYK9 Site. The terms
"member," "membership," and
"account" all refer to this registration as a member on
DIYK9's
Site. If you are merely surfing or browsing
through the Site and have not yet created an
account, your use of the Site is
still subject to this Agreement; if you do not agree to this
Agreement, do not
use the Site.
When
you create an account, you will provide a unique username and email. We will also ask
you to create a
password. Because any activities that
occur under your username or password
are your responsibility it is important
for you to keep your username and/or password secure.
You may not assign or
otherwise transfer your account to any other person or entity. You
acknowledge
that DIYK9 is not responsible for third party access
to your account that results
from theft or misappropriation of your account.
Notify us immediately if you believe that
someone has used your username,
email, or password without your authorization.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
- a) furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
- b) maintain and
promptly update your registration and profile information in an effort
to
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete
nature, DIYK9 will have sufficient grounds and rights to
suspend or terminate the member in
violation of this aspect of the Agreement,
and as such refuse any and all current or future use
of DIYK9 Services, or any portion thereof.
SECTION 3 - CONDUCT
As
a user or member of the Site, you herein acknowledge, understand and agree that
all
information, text, software, data, photographs, music, video, messages, tags
or any other
content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole
responsibility of the individual from whom
the content originated. In short, this means that
you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or
otherwise
made available by way of the DIYK9 Services, and as
such, we do not guarantee the
accuracy, integrity or quality of such content.
It is expressly understood that by use of our
Services, you may be exposed to
content including, but not limited to, any errors or omissions
in any content
posted, and/or any loss or damage of any kind incurred as a result of the use
of
any content posted, emailed, transmitted or otherwise made available by DIYK9.
Furthermore,
you herein agree not to make use of DIYK9's Services for the
purpose of:
- a) uploading,
posting, emailing, transmitting, or otherwise making available any
content that
shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
- b) causing harm to
minors in any manner whatsoever;
- c) impersonating
any individual or entity, including, but not limited to, any
DIYK9 officials, forum leaders, guides or hosts
or falsely stating or otherwise
misrepresenting any affiliation with an
individual or entity;
- d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary
relationship with;
- e) uploading, posting,
emailing, transmitting or otherwise offering any such content
that may infringe
upon any patent, copyright, trademark, or any other proprietary or
intellectual
rights of any other party;
- f) uploading,
posting, emailing, transmitting or otherwise offering any content that you
do
not personally have any right to offer pursuant to any law or in accordance
with any
contractual or fiduciary relationship;
- g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other
form of
solicitation, except in any such areas that may have been designated
for such purpose;
- h) uploading,
posting, emailing, transmitting, or otherwise offering any source that
may
contain a software virus or other computer code, any files and/or programs
which
have been designed to interfere, destroy and/or limit the operation of
any computer
software, hardware, or telecommunication equipment;
- i) disrupting the
normal flow of communication, or otherwise acting in any manner that
would
negatively affect other users' ability to participate in any real time
interactions;
- j) interfering with or disrupting any DIYK9Services, servers and/or networks that may
be connected or related to our
website, including, but not limited to, the use of any
device software and/or
routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally
violating any local, state, federal, national or
international law, including,
but not limited to, rules, guidelines, and/or regulations
decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of
any nation or
other securities exchange, that would include without limitation, the New
York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations
having the force of law;
- l) providing informational support or
resources, concealing and/or disguising the
character, location, and or source to
any organization delegated by the United States
government as a "foreign
terrorist organization" in accordance to Section 219 of the
Immigration
Nationality Act;
- m) "stalking" or with the intent to
otherwise harass another individual; and/or
- n) collecting or storing of any personal
data relating to any other member or user in
connection with the prohibited
conduct and/or activities which have been set forth in
the aforementioned
paragraphs.
DIYK9 herein reserves the right to pre-screen,
refuse and/or delete any content currently
available through our Services. In
addition, we reserve the right to remove and/or delete any
such content that
would violate the Terms or which would otherwise be considered offensive
to
other visitors, users and/or members.
DIYK9 herein reserves the right to access,
preserve and/or disclose member account
information and/or content if it is
requested to do so by law or in good faith belief that any
such action is
deemed reasonably necessary for:
- a) compliance with
any legal process;
- b) enforcement of
the Terms;
- c) responding to
any claim that therein contained content is in violation of the rights of
any
third party;
- d) responding to
requests for customer service; or
- e) protecting the rights, property or the
personal safety of DIYK9, its visitors, users
and members,
including the general public.
DIYK9 herein reserves the right to include the
use of security components that may permit
digital information or material to
be protected, and that such use of information and/or
material is subject to
usage guidelines and regulations established by DIYK9 or any
other
content providers supplying content services to DIYK9.
You are hereby prohibited from
making any attempt to override or circumvent any
of the embedded usage rules in our
Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of
any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
SECTION 4 - GLOBAL
USE; EXPORT/IMPORT
COMPLIANCE
Due
to the global nature of the internet, through the use of our network you hereby
agree to
comply with all local rules relating to online conduct and that which
is considered acceptable
content. Uploading, posting and/or transferring of
software, technology and other technical
data may be subject to the export and
import laws of the United States and possibly other
countries. Through the use
of our network, you thus agree to comply with all applicable export
and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you
state and pledge that you:
- a) are not on the
list of prohibited individuals which may be identified on any
government export
exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of
any other government which may be part of an export-prohibited country
identified
in applicable export and import laws and regulations;
- b) agree not to
transfer any software, technology or any other technical data through
the use
of our network Services to any export-prohibited country;
- c) agree not to
use our website network Services for any military, nuclear, missile,
chemical
or biological weaponry end uses that would be a violation of the U.S. export
laws; and
- d) agree not to
post, transfer nor upload any software, technology or any other
technical data
which would be in violation of the U.S. or other applicable export and/or
import laws.
SECTION 5 - SUBMITTED
CONTENT
DIYK9 shall not lay claim to ownership of any
content submitted by any visitor, member, or
user, nor make such content
available for inclusion on our website Services. Therefore, you
hereby grant
and allow for DIYK9 the below listed worldwide, royalty-free
and non-exclusive
licenses, as applicable:
- a) The content
submitted or made available for inclusion on the publicly accessible
areas of DIYK9's
Sites, the license provided to permit to use, distribute, reproduce,
modify,
adapt, publicly perform and/or publicly display said Content on our network
Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be
available so long as you are a member of DIYK9's sites,
and shall terminate at such
time when you elect to discontinue your membership.
- b) Photos, audio,
video and/or graphics submitted or made available for inclusion on
the publicly
accessible areas of DIYK9's sites, the license provided to
permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said
Content on our network Services are for the sole purpose
of providing and promoting
the specific area in which this content was placed
and/or made available for viewing.
This license shall be available so long as
you are a member of DIYK9's sites and shall
terminate at
such time when you elect to discontinue your membership.
- c) For any other
content submitted or made available for inclusion on the publicly
accessible
areas of DIYK9's sites, the continuous, binding and
completely sublicensable
license which is meant to permit to use, distribute,
reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly
display said content, whether in
whole or in part, and the incorporation of any
such Content into other works in any
arrangement or medium current used or
later developed.
Those
areas which may be deemed "publicly accessible" areas of DIYK9's
Sites are those such
areas of our network properties which are meant to be
available to the general public, and
which would include message boards and
groups that are openly available to both users and
members. However, those
areas which are not open to the public, and thus available to
members only,
would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY
WEBSITE
DIYK9 may provide an area for our user and
members to contribute feedback to our website.
When you submit ideas,
documents, suggestions and/or proposals ("Contributions")
to our
site, you acknowledge and agree that:
- a) your contributions
do not contain any type of confidential or proprietary
information;
- b) DIYK9 shall not be liable or under any
obligation to ensure or maintain
confidentiality, expressed or implied, related
to any Contributions;
- c) DIYK9 shall be entitled to make use of and/or
disclose any such Contributions in
any such manner as they may see fit;
- d) the
contributor's Contributions shall automatically become the sole property of
DIYK9;
and
- e) DIYK9 is under no obligation to either
compensate or provide any form of
reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All
users and/or members agree to insure and hold DIYK9, our
subsidiaries, affiliates, agents,
employees, officers, partners and/or
licensors blameless or not liable for any claim or demand,
which may include,
but is not limited to, reasonable attorney fees made by any third party
which
may arise from any content a member or user
of our Site may submit, post, modify,
transmit or otherwise make available
through our Services, the use of DIYK9 Services or
your
connection with these Services, your violations of the Terms of Service
and/or your violation
of any such rights of another person.
SECTION 7 - COMMERCIAL
REUSE OF SERVICES
The
member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell nor
exploit for any commercial reason any part, use of, or access to DIYK9's
sites.
SECTION 8 - MODIFICATIONS
DIYK9reserves the right at any time it may deem fit, to modify, alter and or
discontinue,
whether temporarily or permanently, our service, or any part
thereof, with or without prior
notice. In addition, we shall not be held liable
to you or to any third party for any such
alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As
a member of diyk9.com, you may cancel or terminate your
account, associated email
address and/or access to our Services by submitting a
cancellation or termination request to .
As
a member, you agree that DIYK9 may, without any prior
written notice, immediately
suspend, terminate, discontinue and/or limit your
account, any email associated with your
account, and access to any of our Services.
The cause for such termination, discontinuance,
suspension and/or limitation of
access shall include, but is not limited to:
- a) any breach or
violation of our Terms or any other incorporated agreement,
regulation and/or
guideline;
- b) by way of
requests from law enforcement or any other governmental agencies;
- c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
- d) unexpected
technical or security issues and/or problems;
- e) any extended
periods of inactivity;
- f) any engagement
by you in any fraudulent or illegal activities; and/or
- g) the nonpayment
of any associated fees that may be owed by you in connection with
your diyk9.com account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and
or limitations of access for cause shall be made at our sole discretion and
that we shall not be
liable to you or any other third party with regards to the
termination of your account,
associated email address and/or access to any of
our Services.
The
termination of your account with diyk9.com shall include any
and/or all of the following:
- a) the removal of any access to all or
part of the Services offered within diyk9.com;
- b) the deletion of your password and any
and all related information, files, and any
such content that may be associated
with or inside your account, or any part thereof;
and
- c) the barring of any further use of all
or part of our Services.
SECTION 10 - LINKS
Either
DIYK9 or any third
parties may provide links to other websites and/or resources. Thus,
you
acknowledge and agree that we are not responsible for the availability of any
such
external sites or resources, and as such, we do not endorse nor are we
responsible or liable for
any content, products, advertising or any other
materials, on or available from such third-party
sites or resources.
Furthermore, you acknowledge and agree that DIYK9 shall not be
responsible or liable, directly
or indirectly, for any such damage or loss which may be a result
of, caused or
allegedly to be caused by or in connection with the use of or the reliance on
any
such content, goods or Services made available on or through any such site
or resource.
SECTION 11 - PROPRIETARY
RIGHTS
You
do hereby acknowledge and agree that DIYK9's Services and
any essential software that
may be used in connection with our Services
("Software") shall contain proprietary and
confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in
any advertisements or information presented by and through our Services
or by advertisers is
protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore,
except for that which is expressly permitted
by applicable law or as authorized by DIYK9 or
such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute,
transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on
DIYK9 Services (e.g. Content or Software), in whole
or part.
DIYK9 hereby grants you a personal,
non-transferable and non-exclusive right and/or license
to make use of the
object code or our Software on a single computer, as long as you do not,
and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from,
reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any
source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any
such right in the Software.
Furthermore, you do herein agree not to alter or change the
Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to
our Services. Lastly, you also agree not to access or
attempt to access our Services through any
means other than through the
interface which is provided by DIYK9 for use in accessing
our
Services.
SECTION 12 - WARRANTY
DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF DIYK9 SERVICES AND SOFTWARE ARE AT THE SOLE
RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS
IS" AND/OR
"AS AVAILABLE" BASIS. DIYK9 AND OUR SUBSIDIARIES,
AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) DIYK9 AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
DIYK9 SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii)
DIYK9 SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED
FROM THE USE OF THE DIYK9 SERVICES OR SOFTWARE WILL
BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION
OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF DIYK9 SERVICES OR SOFTWARE SHALL BE
ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR
MATERIAL.
- d) NO ADVICE
AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY
YOU FROM DIYK9 OR
BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT
EXPRESSLY STATED IN THE TERMS.
- e) A SMALL
PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION
OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DIYK9 AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR
SERVICE;
- b) THE COST OF PROCURING SUBSTITUTE GOODS
AND SERVICES;
- c) UNAUTHORIZED ACCESS TO OR THE
ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD
PARTY ON OUR
SERVICE;
- e) AND ANY OTHER MATTER WHICH MAY BE
RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In
the event you have a dispute, you agree to release DIYK9(and its officers, directors,
employees, agents, parent subsidiaries,
affiliates, co-branders, partners and any other third
parties) from claims,
demands and damages (actual and consequential) of every kind and
nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SECTION 15 - NOTICE
DIYK9 may furnish you with notices, including
those with regards to any changes to the
Terms, including but not limited to
email, regular mail, MMS or SMS, text messaging,
postings on our website Services,
or other reasonable means currently known or any which
may be herein after
developed. Any such notices may not be received if you violate any
aspects of
the Terms by accessing our Services in an unauthorized manner. Your acceptance
of
this Agreement constitutes your agreement that you are deemed to have
received any and all
notices that would have been delivered had you accessed
our Services in an authorized
manner.
SECTION 16 - INTELLECTUAL
PROPERTY RIGHTS
You
herein acknowledge, understand and agree that all of the DIYK9trademarks, copyright,
trade name, service marks, and other DIYK9logos and any brand features, and/or product and
service names are trademarks
and as such, are and shall remain the property of DIYK9. You
herein agree not to display and/or use in any manner the DIYK9logo or marks without
obtaining DIYK9's prior written
consent.
DIYK9 will always respect the intellectual
property of others, and we ask that all of our users
do the same. With regards
to appropriate circumstances and at its sole discretion, DIYK9 may
disable and/or terminate the
accounts of any user who violates our Terms and/or infringes the
rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been
otherwise violated, you should provide to us the following
information:
- a) The electronic or the physical
signature of the individual that is authorized on behalf
of the owner of the copyright
or other intellectual property interest;
- b) A description of the copyrighted work
or other intellectual property that you believe
has been infringed upon;
- c) A description of the location of the
site which you allege has been infringing upon
your work;
- d) Your physical address, telephone
number, and email address;
- e) A statement, in which you state that
the alleged and disputed use of your work is not
authorized by the copyright
owner, its agents or the law;
- f) And finally, a statement, made under
penalty of perjury, that the aforementioned
information in your notice is truthful
and accurate, and that you are the copyright or
intellectual property owner,
representative or agent authorized to act on the copyright
or intellectual
property owner's behalf.
The
DIYK9 agent for notice
of claims of copyright or other intellectual property infringement
can be
contacted as follows:
Mailing
Address:
DIYK9
Attn:
Copyright Agent
20421 SW 51st St
Fort Lauderdale,
Florida 33332
Telephone:
9548179899
Email: [email protected]
SECTION 17 - ENTIRE
AGREEMENT
This
Agreement constitutes the entire agreement between you and DIYK9and shall govern the
use of our Services, superseding any prior version of this
Agreement between you and us with
respect to DIYK9 Services.
You may also be subject to additional terms and conditions that
may apply when
you use or purchase certain other DIYK9 Services, affiliate Services,
thirdparty
content or third-party software.
SECTION 18 - CHOICE
OF LAW AND FORUM
It
is at the mutual agreement of both you and DIYK9 with regard
to the Agreement that the
relationship between the parties shall be governed by
the laws of the state of Florida without
regard to its
conflict of law provisions and that any and all claims,
causes of action and/or
disputes, arising out of or relating to the Agreement,
or the relationship between you and
DIYK9, shall be filed
within the courts having jurisdiction within the County of Broward,
Florida or the U.S. District Court located in
said state. You and DIYK9 agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to
the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
SECTION 19 - WAIVER
AND SEVERABILITY OF TERMS
At
any time, should DIYK9 fail to exercise or enforce any right or
provision of the
Agreement, such failure shall not constitute a waiver of such
right or provision. If any
provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the
parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions
as reflected in
the provision, and the other provisions of the Agreement remain in full force
and effect.
SECTION 20 - NO RIGHT
OF SURVIVORSHIP NONTRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to
your ID and/or contents within your account shall terminate upon your
death. Upon receipt of
a copy of a death certificate, your account may be
terminated and all contents therein
permanently deleted.
SECTION 21 - STATUTE
OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary,
any claim or action arising out of or related to the use of our Services
or the Agreement must
be filed within 4 year(s) after
said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please
report any and all violations of this Agreement to DIYK9 as
follows:
Mailing
Address:
DIYK9
20421 SW 51st St
Fort Lauderdale,
Florida 33332
Telephone:
9548179899
Email:
[email protected]
SECTION 23 - GOVERNMENT
REQUESTS
In
order to cooperate with governmental requests, subpoenas or court orders, to
protect our
systems, or to ensure the integrity and operation of our business
and systems, we may access
and disclose any information we consider necessary
or appropriate, including and without
limitation, your information, IP address,
and usage history. Our right to disclose any such
information is governed
by the terms of our Privacy Policy.
SECTION 24 - FOREIGN
ACCESS OF SITE
The
Site is controlled, operated and administered by DIYK9from our offices within the USA.
If you access the Site from a location outside
the USA, you are responsible for compliance
with all local laws. You agree that
you will not use DIYK9's content accessed through the
Site
in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers,
product shipping charges, transit times and availability.
We reserve the right to correct any
errors, inaccuracies or omissions, and to
change or update information or cancel orders if any
information on the Site or
on any related Site is inaccurate at any time without prior notice
(including
after you have submitted your order).
We
undertake no obligation to update, amend or clarify information on the Site or
on any
related Site, including without limitation, pricing information, except
as required by law. No
specified update or refresh date applied on the Site or
on any related Site, should be taken to
indicate that all information on the
Site or on any related Site has been modified or updated
14-Day Money Back Guarantee
Last Updated: April 01, 2022
PLEASE READ THE FOLLOWING TERMS OF SERVICE
AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR
WEBSITE(THE "SITE") OR OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THESE TERMS AND CONDITIONS AND ALL
TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE
RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND
CONDITIONS BEFORE PROCEEDING TO USE THIS SITE. IF YOU
DO NOT EXPRESSLY AGREE TO ALL OF THE TERMS AND
CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR SITE
OR OUR SERVICES.
We proudly offer a zero-risk 14-day no questions asked money back guarantee on all of our online courses. Simply email us and tell us you would like a refund and we will process the refund immediately.
We have put so much time and effort into creating and hosting these courses (literal blood, sweat and tears) that we are confident you will be thoroughly impressed. Furthermore, all of our courses are continually improved upon as we add new lessons, revise old lessons, and improve the courses based on your feedback.
Any and all digital products purchased from DIYK9.com including video(s), membership(s), course(s), and course bundle(s) are eligible for a full refund if a request for refund is made within 14 days of purchase and comply with the below conditions:
To request a refund please send an email to [email protected] from the email address used to purchase the course. Please include in your email your full name, the item or course you are requesting a refund for and if you can share the reason for the refund so we can continue to improve.
If you purchased the wrong course or would like to exchange one course for another please email our team at [email protected] and we will be happy to offer you a refund or exchange.
***Refund Conditions - Due to the proprietary information and exclusive training techniques found in our online training courses we reserve the right to refuse a refund or exchange if it is determined that a customer, after purchase of one of our digital online dog training products, has watched more than 25% of the course(s) and/or has exceeded the 14-day refund period. The processing of a refund will be at the sole discretion of American Standard Dog Training LLC and DIYK9 LLC if the request for refund comes after 14 days and/or the customer has watched more than 25% of the material presented within a course or package.
Please note: Our web hosting platform, Kajabi, monitors and tracks the progress of all students within the course(s) they have purchased.
Shipping & Delivery Terms and Conditions
We currently do not offer any item(s) that require physical shipping. All digital products will become immediately available to the customer after purchase and by logging into the course and selecting their individual library to access the course(s) they have purchased.
The present terms and conditions (this "Agreement"
or "Terms") is a legal agreement
between you and DIYK9 (hereinafter " DIYK9"), a company duly organized and
validly
existing, located at 20421 SW 51st St,
Fort Lauderdale, Florida 33332. This Agreement
annuls and voids all previous
agreements.
OVERVIEW
The
Site (diyk9.com) is operated by DIYK9.
Throughout the Site, the terms "we",
"us" and
"our" refer to DIYK9. DIYK9offers this Site, including all information, tools and services
available from
this Site to you, the user, conditioned upon your acceptance of all terms,
conditions, policies and notices stated here.
By
visiting our Site and/or purchasing something from us, you engage in our
"Service" and
agree to be bound by the following terms and conditions,
including those additional terms and
conditions and policies referenced herein
and/or available by hyperlink. These Terms apply to
all users of the Site,
including without limitation users who are browsers, vendors, customers,
merchants, and/or contributors of content. In the event of an inconsistency
between this
Agreement and any additional terms or policies referenced herein,
the provisions of the
additional terms or policies shall control.
Please
read these Terms carefully before accessing or using our Site. By accessing or
using
any part of the Site, you agree to be bound by these Terms. If you do not
agree to all the Terms
of this Agreement, then you may not access the Site or
use any Service. If these Terms are
considered an offer, acceptance is
expressly limited to these Terms.
Any
new features or tools which are added to the current store shall also be
subject to the
Terms. You can review the most current version of the Terms at
any time on this page. We
reserve the right to update, change or replace any
part of these Terms by posting updates
and/or changes to our Site. It is your
responsibility to check this page periodically for changes.
Your continued use
of or access to the Site following the posting of any changes constitutes
acceptance of those changes.
SECTION 1 - GENERAL
TERMS
By
agreeing to these Terms, you represent that you are at least the age of
majority in your state
or province of residence, or that you are the age of
majority in your state or province of
residence and you have given us your
consent to allow any of your minor dependents to use
this Site.
You
may not use our products or Site for any illegal or unauthorized purpose nor
may you, in
the use of our products or Site, violate any laws in your
jurisdiction (including but not limited
to motor vehicle laws).
You
must not transmit any worms or viruses or any code of a destructive nature.
A
breach or violation of any of the Terms will result in an immediate termination
of your
account and right to use our Service.
We
have the right, but not the obligation, to take any of the following actions in
our sole
discretion at any time and for any reason without giving you any prior
notice:
- Restrict, suspend or terminate your
access to all or any part of our Site;
- Change, suspend or discontinue all or any
part of our products or Site;
- Refuse, move, or remove any content that
is available on all or any part of our Site;
- Deactivate or delete your accounts;
- Establish general practices and limits
concerning use of our Site.
You
agree that we will not be liable to you or any third party for taking any of
these actions.
You
understand and agree that our Site may include communications such as service
announcements and administrative or legal notices from us. Please note that you
cannot opt
out of receiving these notices.
You
understand that your content (not including credit card information), may be
transferred
unencrypted and involve (a) transmissions over various networks;
and (b) changes to conform
and adapt to technical requirements of connecting
networks or devices. Credit card
information is always encrypted during
transfer over networks.
You
agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of
the Site, use
of the Site, or access to the Site or any contact on the Site,
without express written permission
by us.
You
may not modify, publish, transmit, reverse engineer, participate in the
transfer or sale,
create derivative works, or in any way exploit any of the
content, in whole or in part, found on
the Site. DIYK9content is not for resale. Use of the Site does not entitle users to make any
unauthorized use of any protected content, and in particular you will not
delete or alter any
proprietary rights or attribution notices in any content.
You will use protected content solely
for your personal use, and will make no
other use of the content without the express written
permission of
DIYK9 and the copyright owner. You agree that you do
not acquire any
ownership rights in any protected content. We do not grant you
any licenses, express or
implied, to the intellectual property of
DIYK9 or our licensors except as expressly authorized
by these Terms.
SECTION 2 - CREATING
AN ACCOUNT
Once
you create an account with us, you are registered on the
DIYK9 Site. The terms
"member," "membership," and
"account" all refer to this registration as a member on
DIYK9's
Site. If you are merely surfing or browsing
through the Site and have not yet created an
account, your use of the Site is
still subject to this Agreement; if you do not agree to this
Agreement, do not
use the Site.
When
you create an account, you will provide a unique username and email. We will also ask
you to create a
password. Because any activities that
occur under your username or password
are your responsibility it is important
for you to keep your username and/or password secure.
You may not assign or
otherwise transfer your account to any other person or entity. You
acknowledge
that DIYK9 is not responsible for third party access
to your account that results
from theft or misappropriation of your account.
Notify us immediately if you believe that
someone has used your username,
email, or password without your authorization.
Furthermore,
the registering party hereby acknowledges, understands and agrees to:
- a) furnish
factual, correct, current and complete information with regards to yourself as
may be requested by the data registration process, and
- b) maintain and
promptly update your registration and profile information in an effort
to
maintain accuracy and completeness at all times.
If
anyone knowingly provides any information of a false, untrue, inaccurate or
incomplete
nature, DIYK9 will have sufficient grounds and rights to
suspend or terminate the member in
violation of this aspect of the Agreement,
and as such refuse any and all current or future use
of DIYK9 Services, or any portion thereof.
SECTION 3 - CONDUCT
As
a user or member of the Site, you herein acknowledge, understand and agree that
all
information, text, software, data, photographs, music, video, messages, tags
or any other
content, whether it is publicly or privately posted and/or
transmitted, is the expressed sole
responsibility of the individual from whom
the content originated. In short, this means that
you are solely responsible
for any and all content posted, uploaded, emailed, transmitted or
otherwise
made available by way of the DIYK9 Services, and as
such, we do not guarantee the
accuracy, integrity or quality of such content.
It is expressly understood that by use of our
Services, you may be exposed to
content including, but not limited to, any errors or omissions
in any content
posted, and/or any loss or damage of any kind incurred as a result of the use
of
any content posted, emailed, transmitted or otherwise made available by DIYK9.
Furthermore,
you herein agree not to make use of DIYK9's Services for the
purpose of:
- a) uploading,
posting, emailing, transmitting, or otherwise making available any
content that
shall be deemed unlawful, harmful, threatening, abusive, harassing,
tortious,
defamatory, vulgar, obscene, libelous, or invasive of another's privacy or
which is hateful, and/or racially, ethnically, or otherwise objectionable;
- b) causing harm to
minors in any manner whatsoever;
- c) impersonating
any individual or entity, including, but not limited to, any
DIYK9 officials, forum leaders, guides or hosts
or falsely stating or otherwise
misrepresenting any affiliation with an
individual or entity;
- d) forging
captions, headings or titles or otherwise offering any content that you
personally have no right to pursuant to any law nor having any contractual or
fiduciary
relationship with;
- e) uploading, posting,
emailing, transmitting or otherwise offering any such content
that may infringe
upon any patent, copyright, trademark, or any other proprietary or
intellectual
rights of any other party;
- f) uploading,
posting, emailing, transmitting or otherwise offering any content that you
do
not personally have any right to offer pursuant to any law or in accordance
with any
contractual or fiduciary relationship;
- g) uploading,
posting, emailing, transmitting, or otherwise offering any unsolicited or
unauthorized advertising, promotional flyers, "junk mail," "spam," or any other
form of
solicitation, except in any such areas that may have been designated
for such purpose;
- h) uploading,
posting, emailing, transmitting, or otherwise offering any source that
may
contain a software virus or other computer code, any files and/or programs
which
have been designed to interfere, destroy and/or limit the operation of
any computer
software, hardware, or telecommunication equipment;
- i) disrupting the
normal flow of communication, or otherwise acting in any manner that
would
negatively affect other users' ability to participate in any real time
interactions;
- j) interfering with or disrupting any DIYK9Services, servers and/or networks that may
be connected or related to our
website, including, but not limited to, the use of any
device software and/or
routine to bypass the robot exclusion headers;
- k) intentionally or unintentionally
violating any local, state, federal, national or
international law, including,
but not limited to, rules, guidelines, and/or regulations
decreed by the U.S.
Securities and Exchange Commission, in addition to any rules of
any nation or
other securities exchange, that would include without limitation, the New
York
Stock Exchange, the American Stock Exchange, or the NASDAQ, and any
regulations
having the force of law;
- l) providing informational support or
resources, concealing and/or disguising the
character, location, and or source to
any organization delegated by the United States
government as a "foreign
terrorist organization" in accordance to Section 219 of the
Immigration
Nationality Act;
- m) "stalking" or with the intent to
otherwise harass another individual; and/or
- n) collecting or storing of any personal
data relating to any other member or user in
connection with the prohibited
conduct and/or activities which have been set forth in
the aforementioned
paragraphs.
DIYK9 herein reserves the right to pre-screen,
refuse and/or delete any content currently
available through our Services. In
addition, we reserve the right to remove and/or delete any
such content that
would violate the Terms or which would otherwise be considered offensive
to
other visitors, users and/or members.
DIYK9 herein reserves the right to access,
preserve and/or disclose member account
information and/or content if it is
requested to do so by law or in good faith belief that any
such action is
deemed reasonably necessary for:
- a) compliance with
any legal process;
- b) enforcement of
the Terms;
- c) responding to
any claim that therein contained content is in violation of the rights of
any
third party;
- d) responding to
requests for customer service; or
- e) protecting the rights, property or the
personal safety of DIYK9, its visitors, users
and members,
including the general public.
DIYK9 herein reserves the right to include the
use of security components that may permit
digital information or material to
be protected, and that such use of information and/or
material is subject to
usage guidelines and regulations established by DIYK9 or any
other
content providers supplying content services to DIYK9.
You are hereby prohibited from
making any attempt to override or circumvent any
of the embedded usage rules in our
Services. Furthermore, unauthorized
reproduction, publication, distribution, or exhibition of
any information or
materials supplied by our Services, despite whether done so in whole or in
part, is expressly prohibited.
SECTION 4 - GLOBAL
USE; EXPORT/IMPORT
COMPLIANCE
Due
to the global nature of the internet, through the use of our network you hereby
agree to
comply with all local rules relating to online conduct and that which
is considered acceptable
content. Uploading, posting and/or transferring of
software, technology and other technical
data may be subject to the export and
import laws of the United States and possibly other
countries. Through the use
of our network, you thus agree to comply with all applicable export
and import
laws, statutes and regulations, including, but not limited to, the Export
Administration Regulations (http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the
sanctions control program of the United States (http://www.treasury.gov/resourcecenter/
sanctions/Programs/Pages/Programs.aspx). Furthermore, you
state and pledge that you:
- a) are not on the
list of prohibited individuals which may be identified on any
government export
exclusion report
(http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member
of
any other government which may be part of an export-prohibited country
identified
in applicable export and import laws and regulations;
- b) agree not to
transfer any software, technology or any other technical data through
the use
of our network Services to any export-prohibited country;
- c) agree not to
use our website network Services for any military, nuclear, missile,
chemical
or biological weaponry end uses that would be a violation of the U.S. export
laws; and
- d) agree not to
post, transfer nor upload any software, technology or any other
technical data
which would be in violation of the U.S. or other applicable export and/or
import laws.
SECTION 5 - SUBMITTED
CONTENT
DIYK9 shall not lay claim to ownership of any
content submitted by any visitor, member, or
user, nor make such content
available for inclusion on our website Services. Therefore, you
hereby grant
and allow for DIYK9 the below listed worldwide, royalty-free
and non-exclusive
licenses, as applicable:
- a) The content
submitted or made available for inclusion on the publicly accessible
areas of DIYK9's
Sites, the license provided to permit to use, distribute, reproduce,
modify,
adapt, publicly perform and/or publicly display said Content on our network
Services
is for the sole purpose of providing and promoting the specific area to which
this content was placed and/or made available for viewing. This license shall
be
available so long as you are a member of DIYK9's sites,
and shall terminate at such
time when you elect to discontinue your membership.
- b) Photos, audio,
video and/or graphics submitted or made available for inclusion on
the publicly
accessible areas of DIYK9's sites, the license provided to
permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or
publicly display said
Content on our network Services are for the sole purpose
of providing and promoting
the specific area in which this content was placed
and/or made available for viewing.
This license shall be available so long as
you are a member of DIYK9's sites and shall
terminate at
such time when you elect to discontinue your membership.
- c) For any other
content submitted or made available for inclusion on the publicly
accessible
areas of DIYK9's sites, the continuous, binding and
completely sublicensable
license which is meant to permit to use, distribute,
reproduce, modify, adapt,
publish, translate, publicly perform and/or publicly
display said content, whether in
whole or in part, and the incorporation of any
such Content into other works in any
arrangement or medium current used or
later developed.
Those
areas which may be deemed "publicly accessible" areas of DIYK9's
Sites are those such
areas of our network properties which are meant to be
available to the general public, and
which would include message boards and
groups that are openly available to both users and
members. However, those
areas which are not open to the public, and thus available to
members only,
would include our mail system and instant messaging.
CONTRIBUTIONS TO COMPANY
WEBSITE
DIYK9 may provide an area for our user and
members to contribute feedback to our website.
When you submit ideas,
documents, suggestions and/or proposals ("Contributions")
to our
site, you acknowledge and agree that:
- a) your contributions
do not contain any type of confidential or proprietary
information;
- b) DIYK9 shall not be liable or under any
obligation to ensure or maintain
confidentiality, expressed or implied, related
to any Contributions;
- c) DIYK9 shall be entitled to make use of and/or
disclose any such Contributions in
any such manner as they may see fit;
- d) the
contributor's Contributions shall automatically become the sole property of
DIYK9;
and
- e) DIYK9 is under no obligation to either
compensate or provide any form of
reimbursement in any manner or nature.
SECTION 6 - INDEMNITY
All
users and/or members agree to insure and hold DIYK9, our
subsidiaries, affiliates, agents,
employees, officers, partners and/or
licensors blameless or not liable for any claim or demand,
which may include,
but is not limited to, reasonable attorney fees made by any third party
which
may arise from any content a member or user
of our Site may submit, post, modify,
transmit or otherwise make available
through our Services, the use of DIYK9 Services or
your
connection with these Services, your violations of the Terms of Service
and/or your violation
of any such rights of another person.
SECTION 7 - COMMERCIAL
REUSE OF SERVICES
The
member or user herein agrees not to replicate, duplicate, copy, trade, sell,
resell nor
exploit for any commercial reason any part, use of, or access to DIYK9's
sites.
SECTION 8 - MODIFICATIONS
DIYK9reserves the right at any time it may deem fit, to modify, alter and or
discontinue,
whether temporarily or permanently, our service, or any part
thereof, with or without prior
notice. In addition, we shall not be held liable
to you or to any third party for any such
alteration, modification, suspension
and/or discontinuance of our Services, or any part thereof.
SECTION 9 - TERMINATION
As
a member of diyk9.com, you may cancel or terminate your
account, associated email
address and/or access to our Services by submitting a
cancellation or termination request to .
As
a member, you agree that DIYK9 may, without any prior
written notice, immediately
suspend, terminate, discontinue and/or limit your
account, any email associated with your
account, and access to any of our Services.
The cause for such termination, discontinuance,
suspension and/or limitation of
access shall include, but is not limited to:
- a) any breach or
violation of our Terms or any other incorporated agreement,
regulation and/or
guideline;
- b) by way of
requests from law enforcement or any other governmental agencies;
- c) the
discontinuance, alteration and/or material modification to our Services, or any
part thereof;
- d) unexpected
technical or security issues and/or problems;
- e) any extended
periods of inactivity;
- f) any engagement
by you in any fraudulent or illegal activities; and/or
- g) the nonpayment
of any associated fees that may be owed by you in connection with
your diyk9.com account Services.
Furthermore,
you herein agree that any and all terminations, suspensions, discontinuances,
and
or limitations of access for cause shall be made at our sole discretion and
that we shall not be
liable to you or any other third party with regards to the
termination of your account,
associated email address and/or access to any of
our Services.
The
termination of your account with diyk9.com shall include any
and/or all of the following:
- a) the removal of any access to all or
part of the Services offered within diyk9.com;
- b) the deletion of your password and any
and all related information, files, and any
such content that may be associated
with or inside your account, or any part thereof;
and
- c) the barring of any further use of all
or part of our Services.
SECTION 10 - LINKS
Either
DIYK9 or any third
parties may provide links to other websites and/or resources. Thus,
you
acknowledge and agree that we are not responsible for the availability of any
such
external sites or resources, and as such, we do not endorse nor are we
responsible or liable for
any content, products, advertising or any other
materials, on or available from such third-party
sites or resources.
Furthermore, you acknowledge and agree that DIYK9 shall not be
responsible or liable, directly
or indirectly, for any such damage or loss which may be a result
of, caused or
allegedly to be caused by or in connection with the use of or the reliance on
any
such content, goods or Services made available on or through any such site
or resource.
SECTION 11 - PROPRIETARY
RIGHTS
You
do hereby acknowledge and agree that DIYK9's Services and
any essential software that
may be used in connection with our Services
("Software") shall contain proprietary and
confidential material that is
protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be
contained in
any advertisements or information presented by and through our Services
or by advertisers is
protected by copyrights, trademarks, patents or other
proprietary rights and laws. Therefore,
except for that which is expressly permitted
by applicable law or as authorized by DIYK9 or
such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell,
distribute,
transmit, broadcast, publicly perform and/or created any
plagiaristic works which are based on
DIYK9 Services (e.g. Content or Software), in whole
or part.
DIYK9 hereby grants you a personal,
non-transferable and non-exclusive right and/or license
to make use of the
object code or our Software on a single computer, as long as you do not,
and
shall not, allow any third party to duplicate, alter, modify, create or
plagiarize work from,
reverse engineer, reverse assemble or otherwise make an
attempt to locate or discern any
source code, sell, assign, sublicense, grant a
security interest in and/or otherwise transfer any
such right in the Software.
Furthermore, you do herein agree not to alter or change the
Software in any
manner, nature or form, and as such, not to use any modified versions of the
Software, including and without limitation, for the purpose of obtaining
unauthorized access to
our Services. Lastly, you also agree not to access or
attempt to access our Services through any
means other than through the
interface which is provided by DIYK9 for use in accessing
our
Services.
SECTION 12 - WARRANTY
DISCLAIMERS
YOU
HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- a) THE USE OF DIYK9 SERVICES AND SOFTWARE ARE AT THE SOLE
RISK
BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN "AS
IS" AND/OR
"AS AVAILABLE" BASIS. DIYK9 AND OUR SUBSIDIARIES,
AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND
ALL WARRANTIES OF ANY
KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED
TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS
FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- b) DIYK9 AND OUR SUBSIDIARIES, OFFICERS,
EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
DIYK9 SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii)
DIYK9 SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED,
TIMELY,
SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE
OBTAINED
FROM THE USE OF THE DIYK9 SERVICES OR SOFTWARE WILL
BE ACCURATE OR
RELIABLE; (iv) QUALITY OF ANY PRODUCTS,
SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE
PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR
SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH
ERRORS CONTAINED IN
THE SOFTWARE SHALL BE CORRECTED.
- c) ANY INFORMATION
OR MATERIAL DOWNLOADED OR OTHERWISE
OBTAINED BY WAY OF DIYK9 SERVICES OR SOFTWARE SHALL BE
ACCESSED
BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH
YOU SHALL BE SOLELY
RESPONSIBLE FOR AND HEREBY WAIVE ANY
AND ALL CLAIMS AND CAUSES OF ACTION WITH
RESPECT TO ANY
DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS,
DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT
COULD RESULT FROM THE DOWNLOAD OF ANY
SUCH INFORMATION OR
MATERIAL.
- d) NO ADVICE
AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR
ORAL, THAT MAY BE OBTAINED BY
YOU FROM DIYK9 OR
BY WAY OF OR
FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT
EXPRESSLY STATED IN THE TERMS.
- e) A SMALL
PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME
DEGREE OF EPILEPTIC SEIZURE WHEN
EXPOSED TO CERTAIN LIGHT
PATTERNS OR BACKGROUNDS THAT MAY BE CONTAINED ON A
COMPUTER SCREEN OR WHILE USING OUR SERVICES. CERTAIN
CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR
UNDETECTED EPILEPTIC SYMPTOM IN USERS WHO HAVE
SHOWN NO
HISTORY OF ANY PRIOR SEIZURE OR EPILEPSY. SHOULD YOU, ANYONE
YOU KNOW
OR ANYONE IN YOUR FAMILY HAVE AN EPILEPTIC
CONDITION, PLEASE CONSULT A PHYSICIAN
IF YOU EXPERIENCE ANY OF
THE FOLLOWING SYMPTOMS WHILE USING OUR SERVICES:
DIZZINESS,
ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS,
DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
SECTION 13 - LIMITATION
OF LIABILITY
YOU
EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT DIYK9 AND
OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS
AND
LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT,
INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO,
DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA
AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH
POSSIBILITY
THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- a) THE USE OR INABILITY TO USE OUR
SERVICE;
- b) THE COST OF PROCURING SUBSTITUTE GOODS
AND SERVICES;
- c) UNAUTHORIZED ACCESS TO OR THE
ALTERATION OF YOUR
TRANSMISSIONS AND/OR DATA;
- d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD
PARTY ON OUR
SERVICE;
- e) AND ANY OTHER MATTER WHICH MAY BE
RELATED TO OUR SERVICE.
SECTION 14 - RELEASE
In
the event you have a dispute, you agree to release DIYK9(and its officers, directors,
employees, agents, parent subsidiaries,
affiliates, co-branders, partners and any other third
parties) from claims,
demands and damages (actual and consequential) of every kind and
nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out
of or in any way connected to such dispute.
SECTION 15 - NOTICE
DIYK9 may furnish you with notices, including
those with regards to any changes to the
Terms, including but not limited to
email, regular mail, MMS or SMS, text messaging,
postings on our website Services,
or other reasonable means currently known or any which
may be herein after
developed. Any such notices may not be received if you violate any
aspects of
the Terms by accessing our Services in an unauthorized manner. Your acceptance
of
this Agreement constitutes your agreement that you are deemed to have
received any and all
notices that would have been delivered had you accessed
our Services in an authorized
manner.
SECTION 16 - INTELLECTUAL
PROPERTY RIGHTS
You
herein acknowledge, understand and agree that all of the DIYK9trademarks, copyright,
trade name, service marks, and other DIYK9logos and any brand features, and/or product and
service names are trademarks
and as such, are and shall remain the property of DIYK9. You
herein agree not to display and/or use in any manner the DIYK9logo or marks without
obtaining DIYK9's prior written
consent.
DIYK9 will always respect the intellectual
property of others, and we ask that all of our users
do the same. With regards
to appropriate circumstances and at its sole discretion, DIYK9 may
disable and/or terminate the
accounts of any user who violates our Terms and/or infringes the
rights of
others. If you feel that your work has been duplicated in such a way that would
constitute copyright infringement, or if you believe your intellectual property
rights have been
otherwise violated, you should provide to us the following
information:
- a) The electronic or the physical
signature of the individual that is authorized on behalf
of the owner of the copyright
or other intellectual property interest;
- b) A description of the copyrighted work
or other intellectual property that you believe
has been infringed upon;
- c) A description of the location of the
site which you allege has been infringing upon
your work;
- d) Your physical address, telephone
number, and email address;
- e) A statement, in which you state that
the alleged and disputed use of your work is not
authorized by the copyright
owner, its agents or the law;
- f) And finally, a statement, made under
penalty of perjury, that the aforementioned
information in your notice is truthful
and accurate, and that you are the copyright or
intellectual property owner,
representative or agent authorized to act on the copyright
or intellectual
property owner's behalf.
The
DIYK9 agent for notice
of claims of copyright or other intellectual property infringement
can be
contacted as follows:
Mailing
Address:
DIYK9
Attn:
Copyright Agent
20421 SW 51st St
Fort Lauderdale,
Florida 33332
Telephone:
9548179899
Email: [email protected]
SECTION 17 - ENTIRE
AGREEMENT
This
Agreement constitutes the entire agreement between you and DIYK9and shall govern the
use of our Services, superseding any prior version of this
Agreement between you and us with
respect to DIYK9 Services.
You may also be subject to additional terms and conditions that
may apply when
you use or purchase certain other DIYK9 Services, affiliate Services,
thirdparty
content or third-party software.
SECTION 18 - CHOICE
OF LAW AND FORUM
It
is at the mutual agreement of both you and DIYK9 with regard
to the Agreement that the
relationship between the parties shall be governed by
the laws of the state of Florida without
regard to its
conflict of law provisions and that any and all claims,
causes of action and/or
disputes, arising out of or relating to the Agreement,
or the relationship between you and
DIYK9, shall be filed
within the courts having jurisdiction within the County of Broward,
Florida or the U.S. District Court located in
said state. You and DIYK9 agree to submit to the
jurisdiction of the courts as previously mentioned, and agree to waive any and
all objections to
the exercise of jurisdiction over the parties by such courts
and to venue in such courts.
SECTION 19 - WAIVER
AND SEVERABILITY OF TERMS
At
any time, should DIYK9 fail to exercise or enforce any right or
provision of the
Agreement, such failure shall not constitute a waiver of such
right or provision. If any
provision of this Agreement is found by a court of
competent jurisdiction to be invalid, the
parties nevertheless agree that the
court should endeavor to give effect to the parties' intentions
as reflected in
the provision, and the other provisions of the Agreement remain in full force
and effect.
SECTION 20 - NO RIGHT
OF SURVIVORSHIP NONTRANSFERABILITY
You
acknowledge, understand and agree that your account is non-transferable and any
rights to
your ID and/or contents within your account shall terminate upon your
death. Upon receipt of
a copy of a death certificate, your account may be
terminated and all contents therein
permanently deleted.
SECTION 21 - STATUTE
OF LIMITATIONS
You
acknowledge, understand and agree that regardless of any statute or law to the
contrary,
any claim or action arising out of or related to the use of our Services
or the Agreement must
be filed within 4 year(s) after
said claim or cause of action arose or shall be forever barred.
SECTION 22 - VIOLATIONS
Please
report any and all violations of this Agreement to DIYK9 as
follows:
Mailing
Address:
DIYK9
20421 SW 51st St
Fort Lauderdale,
Florida 33332
Telephone:
9548179899
Email:
[email protected]
SECTION 23 - GOVERNMENT
REQUESTS
In
order to cooperate with governmental requests, subpoenas or court orders, to
protect our
systems, or to ensure the integrity and operation of our business
and systems, we may access
and disclose any information we consider necessary
or appropriate, including and without
limitation, your information, IP address,
and usage history. Our right to disclose any such
information is governed
by the terms of our Privacy Policy.
SECTION 24 - FOREIGN
ACCESS OF SITE
The
Site is controlled, operated and administered by DIYK9from our offices within the USA.
If you access the Site from a location outside
the USA, you are responsible for compliance
with all local laws. You agree that
you will not use DIYK9's content accessed through the
Site
in any country or in any manner prohibited by any applicable laws,
restrictions or regulations.
SECTION 25 -
ERRORS, INACCURACIES AND OMISSIONS
Occasionally
there may be information on our Site that contains typographical errors,
inaccuracies or omissions that may relate to product descriptions, pricing,
promotions, offers,
product shipping charges, transit times and availability.
We reserve the right to correct any
errors, inaccuracies or omissions, and to
change or update information or cancel orders if any
information on the Site or
on any related Site is inaccurate at any time without prior notice
(including
after you have submitted your order).
We
undertake no obligation to update, amend or clarify information on the Site or
on any
related Site, including without limitation, pricing information, except
as required by law. No
specified update or refresh date applied on the Site or
on any related Site, should be taken to
indicate that all information on the
Site or on any related Site has been modified or updated