Grant. You are granted a non-exclusive, non-transferable, limited license to access Content made available on e-Training for Dogs, Inc. (“e-Training for Dogs”) for educational purposes only. “Content” includes both text-based Content and multi-media (streaming audio and/or video) Content. You are licensed to download one copy of text-based Content on any single computer for your personal, noncommercial use, as long as all copyright and other proprietary notices remain intact and are prominently displayed; and, you may download and store the text-based Content (“Downloaded Content”) to a storage device under your exclusive control solely (i) to display internally such Downloadable Content (ii) to print out such Downloaded Content only for internal use and (iii) to quote and excerpt from such Downloaded Content (appropriately cited and credited) by electronic cutting and pasting or other means in memoranda, briefs and similar work. With respect to multi-media Content, you are licensed to present audibly and/or visibly the audio and/or video signal on any single computer contemporaneous with the transmission of the multi-media Content from e-Training for Dogs and only for yourself when you are registered to access and use the Content; and, you may not download or store the multi-media Content.
Limitations. You may not sublicense, transfer or otherwise make available any Content to any third party for commercial purposes or financial gain or use the Content in any other media or in any other location. You may not alter or modify the Content in any way. You may not copy, download, store, publish, transmit, transfer, sell, republish, upload, distribute, or otherwise use the Content, or any portion of the Content, in any form or by any means, except (i) as expressly permitted by this Agreement, (ii) with e-Training for Dog’s prior written permission, or (iii) if not expressly prohibited by this Agreement, as allowed under the fair use provision of the Copyright Act (17 U.S.C.A. § 107). You shall not sell, license or distribute the Content (including printouts and Downloaded Content) to third parties or use Content as a component of or as a basis for any material offered for sale, license or distribution. Downloaded Content shall not be stored or used in an archival database or other searchable database except as expressly permitted by this Agreement.
Rights in Content. Except for the license granted in this Agreement, all rights, title and interest in Content, in all languages, formats and media throughout the world, including all copyrights, are and will continue to be the exclusive property of e-Training for Dogs. Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, audio/video clips, and written and other materials that are part of the Content, are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by e-Training for Dogs.
Disclaimer of Warranties and Limitation of Liability.
EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, CONTENT IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, OMISSIONS, COMPLETENESS, CURRENTNESS AND DELAYS. YOUR EXCLUSIVE REMEDY AND E-TRAINING FOR DOG’S ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO E-TRAINING FOR DOGS CONTENT WHICH ARE MADE AGAINST E-TRAINING FOR DOGS, WHETHER BASED IN CONTRACT OR NEGLIGENCE, SHALL BE LIMITED TO THE AMOUNT OF E-TRAINING FOR DOGS CHARGES PAID BY YOU RELATIVE TO THE SPECIFIC CONTENT, WHICH IS THE BASIS OF THE CLAIM(S) DURING THE 12 MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL E-TRAINING FOR DOGS BE LIABLE TO YOU FOR ANY CLAIM(S) RELATING IN ANY WAY TO (i) YOUR INABILITY OR FAILURE TO PERFORM THE ACTIVITIES PRESENTED IN THE CONTENT PROPERLY OR COMPLETELY, EVEN IF ASSISTED BY E-TRAINING FOR DOGS, OR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE CONTENT; OR (ii) ANY LOST PROFITS OR OTHER CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES RELATING IN WHOLE OR IN PART TO YOUR RIGHTS UNDER THIS AGREEMENT OR USE OF, OR INABILITY TO USE, E-TRAINING FOR DOGS CONTENT EVEN IF E-TRAINING FOR DOGS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. E-TRAINING FOR DOGS MAKES NO WARRANTY THAT ACCESS TO CONTENT WILL BE UNINTERRUPTED, SECURE, COMPLETE OR ERROR FREE. NOR DOES E-TRAINING FOR DOGS MAKE ANY WARRANTY AS TO THE LIFE OF ANY URL. YOU ACKNOWLEDGE THAT PROVIDING E-TRAINING FOR DOGS CONTENT ENTAILS THE LIKELIHOOD OF SOME HUMAN AND MACHINE ERRORS, DELAYS, INTERRUPTIONS AND LOSSES, INCLUDING THE INADVERTENT LOSS OF CONTENT OR DAMAGE TO MEDIA.
Password. Your account with e-Training for Dogs is password-protected so that only you can access it.
User Information. You provide personal information collected through e-Training for Dogs on a voluntary basis through a visible means of data entry or by collecting information using an e-Training for Dogs registration form. Upon request, e-Training for Dogs will (a) remove your information from e-Training for Dogs’ internal systems (with the exception of sales and usage information for business record keeping); (b) correct personal information that you state is erroneous; or (c) permit you to “opt out” of further e-mail contact (except notification of major changes to the service) while still allowing you to access Content.
Third-Party Sites. You should be aware that when you are accessing an e-Training for Dogs Web site, you could be directed, by selecting links, to other Web sites that are beyond the control of e-Training for Dogs. There may be links to other Web sites from e-Training for Dogs that take you outside of e-Training for Dogs services. e-Training for Dogs does not endorse the content found on such third-party Web sites. You assume sole responsibility for your use of third-party links and pointers.
Discussions and Messages. If you participate in any discussions on e-Training for Dogs Discussion Group, you agree not to use any language that is threatening, abusive, vulgar, discourteous or criminal. You also agree not to post or transmit information or materials that would violate the rights of a third party, including but not limited to copyrights, or which would contain a virus or other harmful component. Whenever you give out information online, including, for example, posting a message to a discussion group, that information can be collected and used by people you do not know. e-Training for Dogs cannot control the acts of users who use the interactive features of e-Training for Dogs. You provide personal information, such as name, e-mail address, mailing address, and phone number during such use at your own risk, as they may be used by other parties outside e-Training for Dogs for unsolicited e-mail or other contact. By publishing, uploading or submitting any materials to us, including messages posted in our discussion groups, you automatically grant (or warrant that the owner of such rights has expressly granted) e-Training for Dogs a perpetual, royalty-free, irrevocable, nonexclusive right and license (with the right to grant sublicenses) to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute such materials, incorporate such material, and otherwise exploit all content or information you publish on e-Training for Dogs into any form, medium or technology, now known or later developed. You further agree that all such communications you make to e-Training for Dogs shall not be deemed confidential. You shall remain solely responsible for the content of your messages, regardless of what the content is. By your acceptance of these terms and conditions, you agree to waive all recourse against e-Training for Dogs for any alleged or actual infringement or misappropriation of any proprietary or confidential publications or communications to e-Training for Dogs.
Effect of Agreement. This Agreement embodies the entire understanding between the you and e-Training for Dogs with respect to the subject matter of this Agreement and supersedes any and all prior understandings and agreements, oral or written, relating to the subject matter. Except as otherwise provided in this Agreement, e-Training for Dogs may amend the terms and conditions of this Agreement by giving you at least 30 days prior written or online notice. Any other amendment must be in writing and signed by both you and e-Training for Dogs.
Force Majeure. E-Training for Dogs’ performance under this Agreement is subject to interruption and delay due to causes beyond its reasonable control, such as acts of God, acts of any government, war or other hostility, civil disorder, the elements, fire, explosion, power failure, equipment failure, industrial or labor dispute, inability to obtain necessary supplies and the like.
Notices. Except as otherwise provided herein, all notices must be in writing to e-Training for Dogs, Inc. at 4056 La Veta Drive, Loveland, CO 80538, Attention: Customer Service, and to you at the address set forth on the registration page.
Applicable Laws. Claims arising under this Agreement shall be governed by the laws of Colorado, without regard to principles of conflict of laws.
General Provisions. Neither this Agreement nor any part or portion may be assigned, sublicensed or otherwise transferred by you without e-Training for Dogs’ prior written consent. Should any provision of this Agreement be held to be void, invalid, unenforceable, or illegal by a court, the validity and enforceability of the other provisions will not be affected thereby. Failure of you or e-Training for Dogs to enforce any provision of this Agreement will not constitute or be construed as a waiver of such provision or of the right to enforce such provision. The headings and captions contained in this Agreement are inserted for convenience only and do not constitute a part of this Agreement.