You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, ethnicity, religion, sexual orientation, or national origin, or is otherwise objectionable, or that assists or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate the site, or any other system data or information associated with the site.
Any conduct by You that, in Smarty Dog Training’s sole discretion and determination, restricts or inhibits any other subscriber/user from enjoying the site will not be permitted. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Subscribers/Users of Smarty Dog Training to become subscribers/users of other services. Smarty Dog Training retains the right to remove any and all postings on the site at its sole discretion and determination.
The services offered on the site are only available to persons who can form legally binding contracts under applicable law. By way of example, persons under 18 years of age are not eligible to use the site or the services offered thereon.
Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the site (collectively, the “Content”), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the site and the Content, are owned by or licensed to Smarty Dog Training.
Smarty Dog Training hereby authorizes you to make a single copy of the Content herein for your use in learning about, evaluating, or acquiring Smarty Dog’s goods or services described and offered through the site (the “Services”). No right, title or interest in any downloaded materials or software or Content is transferred to you as a result of such copying. You agree that you shall not alter or remove any copyright notice or proprietary legend contained on the site or its Content and you also agree that any copy of the Content provided by you shall include Smarty Dog Training’s copyright notice or any other proprietary notice included therein. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the site or the Content by reverse engineering, disassembling, decompiling or otherwise manipulating the Content or code. You expressly agree that you shall not attempt to, and have no right by virtue of this Agreement to, transfer or sublicense any of the Content or any other material or software included on the site.
The site contains Smarty Dog Training and third-party trademarks and service marks. All marks are the property of their respective owners. Except as explicitly provided herein, all rights in the intellectual property contained in the site including copyright, trademark, trade secret and patent rights are expressly reserved for the ownership and benefit of Smarty Dog Training. Except as specifically provided herein, access to the site does not constitute a right to copy or use any of the intellectual property included on the site. You covenant that you will take no action to register or otherwise interfere with or challenge any intellectual property rights of Smarty Dog Training or its affiliates.
Indemnification and Limited Liability
You agree to defend, indemnify and hold Smarty Dog Training, its subsidiaries, affiliates, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the site.
SMARTY DOG TRAINING SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, RELIANCE OR SPECIAL DAMAGES FOR HARM TO BUSINESS, LOST PROFITS, LOST SAVINGS OR LOST REVENUES, WHETHER OR NOT SMARTY DOG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SMARTY DOG TRAINING SHALL NOT BE LIABLE FOR ANY DAMAGE THAT YOU MAY SUFFER ARISING OUT OF YOUR USE, OR INABILITY TO USE, THE SERVICES OR PRODUCTS PROVIDED HEREUNDER. SMARTY DOG TRAINING SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS BY THIRD PARTIES TO YOUR TRANSMISSION FACILITIES OR PREMISE EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF YOUR NETWORK, SYSTEMS, APPLICATIONS, DATA FILES, PROGRAMS, PROCEDURES, OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD. THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, OR TORT, AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.
Subscriber/User Comments, Feedback, and Submissions
Except as otherwise provided herein, all comments, feedback, postcards, suggestions, ideas, and other information and textual material disclosed, submitted, conveyed or offered to Smarty Dog Training by you on or through the site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, “Comments”) shall be and remain Smarty Dog Training’s property and shall be deemed to be non-confidential. Such disclosure, submission or offer of any Comments shall constitute an assignment to Smarty Dog Training of all-worldwide rights, title and interests in any copyrights, patent rights and other proprietary or intellectual property rights in the Comments. Thus, you assign to Smarty Dog Training, and Smarty Dog Training will possess exclusive ownership of, all rights, title and interests in any copyrights, patent rights and other proprietary and intellectual property rights in the Comments and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Again, except as otherwise indicated, Smarty Dog is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to you any compensation for any Comments; or (3) to respond to your Comments.
You agree that no Comments or any other submission provided to the site by you will violate any right of any third party, including copyright, trademark, patent, privacy or other personal or proprietary or intellectual property right(s). You further agree that no Comments or other submission provided by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any Comments you make, and you hereby covenant not to sue Smarty Dog Training, any of its affiliates or agents or any other subscriber/user with respect to any Comments made by you, Smarty Dog Training or any other subscriber/user. YOU FURTHER SPECIFICALLY AGREE THAT SMARTY DOG TRAINING IS NOT IN ANY WAY OBLIGATED TO ACTIVELY MONITOR THE SITE FOR OBJECTIONABLE OR OFFENSIVE OR UNLAWFUL COMMENTS OR UPLOADED DESIGN CONTENT, AND YOU HEREBY HOLD HARMLESS AND COVENANT NOT TO SUE SMARTY DOG TRAINING, ITS SUBSIDIARIES, AFFILIATES, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS WITH RESPECT TO ANY COMMENTS MADE BY YOU OR OTHERS AND SMARTY DOG SHALL HAVE NO LIABILITY THEREFORE WHATSOEVER. If such offensive, objectionable or unlawful comments are made known to Smarty Dog Training by you, Smarty Dog Training will endeavor to evaluate such comments and, in the exercise of its sole discretion, remove such comments if necessary.
We may change, move or delete portions of, or may add to, the site from time to time, including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use.
We may from time to time change the rules that govern your use of the site. Smarty Dog Training shall have the right at any time, without providing individual notice, to change, modify, add or delete any terms or conditions that apply to your use of the site (“Changed Terms”). The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the site, or by electronic or conventional mail, or by any other means which adequately provide notice thereof. Any use of the site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.
Local Laws and Taxes
You are solely responsible for abiding by all applicable local, national and governmental rules and regulations, including international and import/export laws, that may apply to you. Your use of the site shall be in accordance with these laws. You are responsible for all sales, use, goods and services, value added, and/or excise taxes that may be attributed to any transaction conducted using the site and escrow services, except for taxes based on Smarty Dog Training’s income. You are responsible for all import/export fees, duties and/or licenses as may be required by the relevant governmental authorities. You are responsible for supplying any restrictive legends or notices (e.g. copyright notices) and for properly attributing trademarks, service marks, logos and other propriety rights to their respective owners.
This Agreement is effective unless and until terminated by either you or Smarty Dog Training. Your continued use of the site constitutes your adherence to the terms of this Agreement. Either party may terminate this Agreement at any time. Upon any termination of this Agreement (1) you shall not be authorized to access the site or use any of the Content, (2) Smarty Dog Training may without notice deny your access to the site, and (3) you must promptly destroy all materials downloaded or otherwise obtained from the site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled Intellectual Property, subscriber/user Comments, Feedback and Submissions, Disclaimer of Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination.