This Agreement constitutes a legal agreement between you (“you” or “User” or “Owner” ) and d/b/a DeBono Dog Training (“DeBono Dog Training” or “us” or “our”). This Agreement governs your use of our services and platform that facilitates communications between Users offered through our website located at www.stevedebono.com as it may be modified, relocated and/or redirected from time to time (the “Site”), and any mobile application(s) offered by us (the “Apps”). Our services, platform, Site and Apps are collectively referred to as the “DeBono Dog Training Platform”.
By using or registering with the DeBono Dog Training Platform or any portions thereof, you hereby expressly acknowledge and agree to be bound by the terms and conditions of this Agreement, and any future amendments and additions to this Agreement as we may publish from time to time. Please read this Agreement carefully. If you do not agree to be bound by this Agreement, you will not have any right to use the DeBono Dog Training Platform. DeBono Dog Training’s acceptance is expressly conditioned upon your assent to this Agreement in its entirety. If this Agreement is considered to be an offer by us, acceptance is expressly limited to this Agreement.
By using the DeBono Dog Training Platform, you represent and warrant that: (i) you are at least 18 years old, are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts; and (ii) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
DeBono Dog Training provides services via automatically recurring subscription plans. Plans can be cancelled at any time before the next billing period. By using the DeBono Dog Training Platform you understand that it is your sole responsibility to manage your accounts. This includes, but is not limited to, scheduling appointments and cancelling or changing subscription plans. In plain English, make sure you book services or else cancel your account! Unused services will be addressed on an individual basis and will be resolved at the sole discretion of DeBono Dog Training.
DeBono Dog Training uses training methods that often include off-leash socialization with other dogs. Anytime dogs interact with one another either off leash on on leash, there is additional risk of injury. By agreeing to these terms you are acknowledging that you are aware of this increased risk and that you release Debono Dog Training from any liability from injuries to either dog or human resulting from training. You are permitted to opt your dog out of socialization activities. If you opt your dog out of socialization services, you understand that it might prevent you from reaching certain training goals for your dog.
- Your agreement that the DeBono Dog Training Platform is provided “as is” and without warranty
- Your agreement that you are aware of the inherent risks of injury, death, and property damage to me or my dog(s) that are involved in the activity of dog training, including and without limitations, risks due to dog bite, the use of any and all equipment, or infectious diseases. “Dog Training” includes all information that may be given out by DeBono Dog Training, including but not limited to group classes, private sessions, phone conversations, email conversations, website information, and casual conversation.
- Your agreement to voluntarily engage in dog training with the knowledge of the risks of injury death or personal property damage that may result from participation in dog training (Section 13).
- Your agreement to release DeBono Dog Training from all liability. This includes their representatives, guardians, successors, assigns, heirs and next of kin for all liability, claims, damage or demands for personal injury, death or property damage to the Owner and/or the Owner’s dog(s) arising from or related to this agreement. You agree to take full responsibility for any loss.
- Your agreement that you retain the legal right to make training decisions for this dog and place him/her in the care of a DeBono Dog Training trainer.
- Your agreement that DeBono Dog Training will provide instruction on training techniques and cannot predict the outcome for the Owner or the dog because training is an ongoing process involving numerous variables. It is recommended that all owners continue training throughout the life of the dog, at the level the dog requires to maintain acceptable behavior which is determined by the owner.
- Your agreement that the outcome of the training may be directly related to the Owner’s willingness, abilities, and skills to perform a specified training plan recommended by DeBono Dog Training.
- Your agreement that ultimately, responsibility for the dog’s outcome lies solely with the Owner.
- Your agreement that the DeBono Dog Training Platform is solely a communications platform providing a method for Services to be booked, that all Services are performed Steve DeBono or DeBono Dog Training trainer.
- Your agreement that DeBono Dog Training’s Money-Back Guarantee is limited to Payments paid by Requesters through the DeBono Dog Training Platform.
- Your agreement that this contract permits DeBono Dog Training to provide any and all training services requested by the legal owner without additional signed legal consideration agreements. This applies to services provided to all family members or guardians.
- Your agreement to indemnify DeBono Dog Training from claims due to your use or inability to use the DeBono Dog Training Platform and/or Services, your violation of this Agreement, applicable laws or third party rights, and/or content or information submitted from your account to the DeBono Dog Training Platform.
- Your agreement that either party may compel binding arbitration for most types of disputes, and your agreement to submit to an informal dispute resolution process for at least 30 days prior to the initiation of any claim.
- Your agreement that no claims can be adjudicated on a class basis.
- Your consent to any modifications or amendments to this Agreement.
- Personal Information; User Accounts.
- Account, Password and Security.You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any username, password and account provided by you or us for accessing the DeBono Dog Training Platform. You are solely and fully responsible for all activities that occur under your password or account, except that DeBono Dog Training may, in certain circumstances, enter your account to make changes that you request, such as rescheduling a Service appointment. DeBono Dog Training has no control over the use of any User’s account by the User or third parties and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorized party may be using your password or account or you suspect any other breach of security, you must contact us immediately at firstname.lastname@example.org or Tel. 512-436-3647. Nothing in this section shall affect DeBono Dog Training’s rights to limit or terminate the use of the DeBono Dog Training Platform, as provided below in section 4(b).
- Proof of Identity.You will provide us with such proof of identity as we may reasonably request from time to time.
- Text Messages and Phone Calls.By providing your phone number and using the DeBono Dog Training Platform, you hereby affirmatively consent to our use of your mobile phone number for calls and, if such phone number is a mobile number, for text messages, in order to assist with facilitating the requested Services. Standard call or message charges or other charges from your phone carrier may apply to calls or text messages we send you. You may opt-out of receiving text messages from us by replying with the word “STOP” to a text message from us.
- Emails.DeBono Dog Training may send you confirmation and other transactional emails regarding the Services.
2. Payments; Money Back Guarantee; Claims.
- Payments.Users of the DeBono Dog Training Platform contract DeBono Dog Training for Services. DeBono Dog Training Platform facilitates these contracts by supplying a medium through which Requesters schedule Services, and make payments for Services (“Payments”). Requesters are obligated to pay in advance for the Service they order through the DeBono Dog Training Platform. We will charge your credit card according to the amount agreed upon between you and us through the DeBono Dog Training Platform with respect to all Services, and for all purchases and payments for reimbursement costs, fees or expenses associated with a Service, and you hereby authorize us to charge the credit card on file in your DeBono Dog Training Platform account for such amounts. We will use third party services to process credit card information. We retain the right, in our sole discretion, to place a hold on your credit card for an ordered or completed Service transaction. Seventy-two (72) hours after a Service is completed, if there is no complaint by the Requester, we will mark the Service as closed. If the Requester has agreed with DeBono Dog Training to extend or reduce the hours in or to reschedule a requested Service, the Requester bears the responsibility for notifying DeBono Dog Training. Requesters must notify DeBono Dog Training either by changing the date or hours of requested Service through the DeBono Dog Training Platform or by calling our customer service at 512-436-3647. All Payments by Requesters must be made through the DeBono Dog Training Platform. Any Payments paid outside of the DeBono Dog Training Platform are not subject to our Money-Back Guarantee in Section 3(d). Except for the Money-Back Guarantee in Section 3(d), no refunds or credits will be provided once the Requester’s credit card has been charged, except that at our sole discretion, refunds or credits may be granted in extenuating circumstances, as a result of specific promotions, or to correct any errors we have made. While we will use commercially reasonable efforts to ensure the security of all credit card and all other personal information, we expressly disclaim any liability for any damage that may result should any information be released to any third parties, and you agree to hold us harmless for any damages that may result therefrom. You will be liable for all transaction taxes on the Service(s) provided (other than taxes based on DeBono Dog Training’s income).
- Job Rate.The rate per hour for a Service (“Job Rate”) depends on factors, such as different packages, types of behavior problems, and location
- Recurrent Service.When requesting a Service, Requesters may have the option of choosing that the Service be repeated on a regular basis (“Recurrent Service”). For example, a Requester may choose that a dog training lesson be performed every month. When a Requester chooses a Recurrent Service, DeBono Dog Training will automatically schedule that Recurrent Service to occur on future dates indefinitely at the frequency requested by Requester. Requester’s credit card will be charged for the Recurrent Service as the Service appointments occur and for any applicable cancellation fees. DeBono Dog Training cannot guarantee that Recurrent Service appointments will not be canceled.
- Money-Back Guarantee.If you ordered and paid for a Service through the DeBono Dog Training Platform and the Service has already been performed, and if you are not satisfied with that Service, then you are eligible for our Money-Back Guarantee provided that you report the issue and can demonstrate that you followed the training protocol recommended by DeBono Dog Training within seventy-two (72) hours of the Service appointment. To report issues, call 512-436-3647. The Money-Back Guarantee is as follows: we will either refund your Payment amount for such Service, or, alternatively, we will have the applicable Service re-performed. If you elect to have the Service re-performed and you are still not satisfied with the Service after it has been re-performed, we will refund your Payment amount for such Service. DeBono Dog Training’s Money-Back Guarantee is limited to any Payment you made for the Service. DeBono Dog Training’s Money-Back Guarantee does not apply to any other cost, liability, damage, injury, or claim arising from or in connection with the Services.
3. Term and Termination; Cancellation of Services; Survival.
- Term.This Agreement shall continue in full force and effect until such time as it is terminated by you or by us.
- Termination by DeBono Dog Training. We may terminate this Agreement or terminate or suspend your right to use the DeBono Dog Training Platform at any time for any or no reason (including, without limitation, in the event that we believe that you have breached this Agreement or any policy posted on the DeBono Dog Training Platform, or if we otherwise find that you have engaged in inappropriate and/or offensive behavior (collectively, “Prohibited Conduct”)) by providing you with written or email notice of such termination to the physical or email address you have provided us, and termination will be effective immediately upon such notice. We may terminate this agreement or refuse to perform specific services that we believe will not be beneficial to the dog or if we believe you have not been compliant with our instruction. Except in the event that we terminate or suspend your right to use the DeBono Dog Training Platform due to any Prohibited Conduct, we will refund in full any unused balance in your account. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, DeBono Dog Training may delete the account and all the information in it. You have no ownership rights to your account.
- Termination by You.You may terminate this Agreement by completely and permanently ceasing to use the DeBono Dog Training Platform (provided that there are no outstanding Services ordered under your password or account). If you attempt to terminate this Agreement while there are still outstanding Services ordered under your password or account, this Agreement shall not terminate until such Services have been performed or otherwise canceled as permitted by DeBono Dog Training.
- Policy for Service Cancellation by Requester.DeBono Dog Training’s cancellation policy for specific Services is as follows: Requesters may cancel their scheduled Service appointments through the DeBono Dog Training Platform at any time, subject to the following. If a Requester cancels more than 24 hours before a scheduled Service appointment, there is no cancellation fee. If a Requester cancels between 3-24 hours before a scheduled Service appointment, the Requester will be charged a $25 cancellation fee. If the Requester cancels during the 3 hours before a scheduled Service appointment, the Requester will be charged the full Service amount. This cancellation policy applies both for one-time Service bookings and for recurring Service appointments. A Service appointment may be canceled through the DeBono Dog Training Platform or by speaking to our customer service over the phone. Our customer service telephone number is 512-436-3647.
- Policy for Service Cancellation by DeBono Dog Training. DeBono Dog Training may need to cancel Service appointments due to illness, inclement weather, or other unpredictable incidents. In such instances, DeBono Dog Training will try to give us much advance notice as possible to the Owner and reschedule at the earliest convenience.
- Survival.All provisions that should by their nature survive the expiration or termination of this Agreement, including without limitation, Sections 8, 10 and 13-21, shall so survive.
4. Links to and Plug-Ins from Other Web Sites or Media.
5. Community Areas.The DeBono Dog Training Platform may contain blogs, message boards, applications, reviews, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities that allow Users to communicate with other Users (collectively,“Community Areas”). All submissions made to Community Areas within the DeBono Dog Training Platform will be public, and we will not be responsible for any information or materials posted in Community Areas. You may only use such Community Areas to send and receive messages and material that are relevant and proper to the applicable forum and that comply with this Agreement. “Your Information” is defined as any information and materials you provide to us or other Users in connection with your registration for and use of the DeBono Dog Training Platform, including without limitation that are posted or transmitted for use in Community Areas. You are solely responsible for Your Information, and we are merely a passive conduit for your online distribution and publication of Your Information. You hereby represent and warrant that Your Information; (a) will comply at all times with this Agreement, including but not limited to Section 7 (Rules for Use of the DeBono Dog Training Platform) below, and with Section 2 (Personal Information; User Accounts) above; and (b) will not create liability for us or cause us to lose (in whole or in part) the services of its ISPs, customers, or other partners or suppliers. You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute all of Your Information that is posted to Community Areas from or through your account on the DeBono Dog Training Platform, including but not limited to all images, videos, musical works and text included in such postings. The rights you grant in this license are for the limited purpose of operating, promoting, and improving the DeBono Dog Training Platform. We reserve the right to remove postings from Community Areas in our sole discretion.
6. Rules for Use of the DeBono Dog Training Platform.During the term of this Agreement, you may use the DeBono Dog Training Platform for your personal use only (or for the use of a person, including a company or other organization, that you validly represent). Requesters may use the DeBono Dog Training Platform to book Services solely with respect to a location where the Requester is legally authorized to have Services performed. Requesters may not use the DeBono Dog Training Platform for any other purposes or in connection with any commercial endeavors whatsoever without our express prior written consent. Requesters agree that an order for Services is an offer, which is only accepted when the Requester receives a confirmation of the order. Requesters agree to DeBono Dog Training courteously and lawfully, to provide a safe and appropriate working environment for them that is in compliance with all applicable laws and regulations, and to provide reasonable co-operation to DeBono Dog Training to enable them to supply Services. Requesters agree to communicate any complaints to us. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that DeBono Dog Training may be unavailable from time to time, e.g. due to illness or vacation. Requesters agree to comply with our complaint and other policies designated on the Site. Requesters acknowledge that DeBono Dog Training may be unavailable to perform certain services at certain times, even if available for other services. DeBono Dog Training agrees to provide Services in accordance with all applicable laws and regulations and with the Service Agreement. You shall NOT use the DeBono Dog Training Platform (including but not limited to any Community Areas) to do any of the following:
- Upload files that contain viruses, Trojan horses, corrupted files, or any other similar software that may damage the operation of another’s computer.
- Upload files that contain software or other material that violates the intellectual property rights or rights of privacy or publicity of any third party.
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as, but not limited to, rights of privacy and publicity) of others, including but not limited to our staff and other Users.
- Post a review or rating unless such review or rating contains your independent, honest, genuine opinion.
- Use the DeBono Dog Training Platform or any Service for any purpose or in any manner that is in violation of local, state, national, or international law.
- Publish, post, upload, distribute or disseminate any profane, defamatory, false, misleading, fraudulent, threatening or unlawful topics, names, materials or information, or any materials, information or content that involve the sale of counterfeit or stolen items.
- Advertise or offer to sell any goods or services for any commercial purpose or solicit employment or contract work which is not relevant to services offered through the DeBono Dog Training Platform. You may not solicit, advertise for, or contact in any form Users for employment, contracting, or any other purpose not related to Services facilitated through the DeBono Dog Training Platform without express written permission from us.
- Use the DeBono Dog Training Platform to collect usernames and/or email addresses of members by electronic or other means without our express prior written consent.
- Conduct or forward surveys, contests, pyramid schemes, or chain letters.
- Impersonate another person or allow any other person or entity to use your identification to post or view comments or otherwise use your account.
- Post the same note repeatedly (referred to as ‘spamming’). Spamming is strictly prohibited.
- Download any file posted by another User that you know, or reasonably should know, cannot be legally distributed through the DeBono Dog Training Platform, or post or upload any content to which you have not obtained any necessary rights or permissions to use accordingly.
- Restrict or inhibit any other User from using and enjoying the DeBono Dog Training Platform.
- Imply or state that any statements you make are endorsed by us, without our prior written consent.
- Reverse engineer, disassemble, decompile, translate, modify, adapt, license, sublicense, alter, copy, distribute, hack or interfere with the DeBono Dog Training Platform, its servers or any connected networks, use a robot, spider, manual and/or automatic processes or devices to data-mine, data-crawl, scrape or index the DeBono Dog Training Platform in any manner, or attempt to do any of the foregoing.
- Remove or alter, visually or otherwise, any copyrights, trademarks or proprietary marks and rights owned by us.
- Upload content that is offensive and/or harmful, including, but not limited to, content that advocates, endorses, condones or promotes racism, bigotry, hatred or physical harm of any kind against any individual or group of individuals.
- Upload content that provides materials or access to materials that are obscene, adult or sexual or that exploit people under the age of 18 in an abusive, violent or sexual manner.
- Register to use the DeBono Dog Training Platform under different usernames or identities, after your account has been suspended or terminated.
- Mirror or archive any part of the DeBono Dog Training Platform or any content or material contained on the DeBono Dog Training Platform without DeBono Dog Training’s written permission.
7. Special Promotions; Gift Cards and Vouchers.
- Changes to Promotions. We may from time to time provide certain promotional opportunities to Requesters. All promotions will be run at our sole discretion, and can be activated, modified or removed at any time by us without advance notification.
- Referral Credits.In the event that you are given a code through which you may refer a friend to the DeBono Dog Training Platform in exchange for a referral credit, you shall not use any online marketing or advertising to promote such code or to artificially increase the amount of credits awarded. By way of example, you may not post, or cause, request or permit a third party to post any such code on a coupon website, nor use any paid search marketing, online advertising, forum posting, newsgroup posting or bulk email to disseminate such code. You may only share such code with your personal friends and acquaintances for legitimate referral purposes, as determined by us in our sole discretion. Without limiting our other rights and remedies, we may terminate such code and/or your account for any breach of this Section. For questions or additional information, contact team@DeBono Dog Training.com or call 1-512-436-3647.
- Gift Cards and Vouchers.DeBono Dog Training gift cards (“Gift Cards”) and vouchers or promotional codes for special offers or discounts (“Vouchers”) (individually, “Card”, or together, “Cards”) may be available and can be used to pay in part or in full for Services. Card must be presented at the time of purchase and available balance will be applied to your purchase. Card does not expire and there are no fees associated with use of Card
- Unused Gift Cards.Gift Cards have no cash value and are not redeemable for cash.
8. Intellectual Property Rights.
The DeBono Dog Training Platform, and the information, data, content and materials, which it contains (“DeBono Dog Training Materials”), are the property of DeBono Dog Training and/or its affiliates and licensors, excluding User-generated content, which DeBono Dog Training has a right to use. The DeBono Dog Training Materials are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. DeBono Dog Training and/or its affiliates and licensors are and shall continue to be the sole and exclusive owner of all right, title and interest in and to all intellectual property rights associated with the DeBono Dog Training Materials. Any use of DeBono Dog Training Materials, other than as expressly permitted herein, is prohibited without the prior permission of DeBono Dog Training and/or the relevant right holder. To the extent you provide any suggestions, ideas, enhancement requests, feedback, recommendations, or other information regarding the DeBono Dog Training Platform, you hereby assign to DeBono Dog Training all right, title and interest thereto. The service marks and trademarks of DeBono Dog Training, including without limitation stevedebono.com, debonodogtraining.com and the DeBono Dog Training logo are service marks owned by DeBono Dog Training. Any other trademarks, service marks, logos and/or trade names appearing on the DeBono Dog Training Platform are the property of their respective owners. You may not copy or use any of the marks, logos or trade names appearing on the DeBono Dog Training Platform without the express prior written consent of the owner. Any photographs or videos taken of Owners or their dogs are owned by DeBono Dog Training and may be used for promotional material not limited to online or printed use.
9. Copyright Complaints and Copyright Agent.DeBono Dog Training respects the intellectual property of others, and expects Users to do the same. DeBono Dog Training will respond to properly submitted notices of alleged copyright infringement that comply with applicable law. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the DeBono Dog Training Platform infringe upon that person or entity’s copyright or other intellectual property right (such person or entity, a “Complainant”) and sends to DeBono Dog Training a properly submitted copyright notice as indicated below, DeBono Dog Training will investigate, and if it determines, in its discretion, that the material is infringing, DeBono Dog Training will remove the content and may terminate the access of the User who posted such content to the DeBono Dog Training Platform in the case of repeat infringers. All notices claiming an infringement of copyright rights must contain the following:
(i) Identification of the intellectual property right that is allegedly infringed. All relevant registration numbers, or a statement concerning the Complainant’s ownership of the work, should be included.
(ii) A statement specifically identifying the location of the infringing material, with enough detail that DeBono Dog Training may find it on the DeBono Dog Training Platform. Please note: it is not sufficient to merely provide a top level URL.
(iii) The complete name, address, telephone number and e-mail address of Complainant.
(iv) A statement stating that Complainant has a good faith belief that the use of the material is not authorized by the owner of the rights, their agents, or by law.
(v) A statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed;
(vi) A physical or electronic signature of a person authorized to act on behalf of the owner of the intellectual property rights that are allegedly being infringed.
DeBono Dog Training’s contact information for notice of alleged copyright infringement is:
Or via Mail:
11821 Bittern Holw, #47, Austin, TX, 78758
10. Modifications to the DeBono Dog Training Platform.We reserve the right in our sole discretion to review, improve, modify or discontinue, temporarily or permanently, the DeBono Dog Training Platform or any content or information on the DeBono Dog Training Platform with or without notice. We will not be liable to any party for any modification or discontinuance of the DeBono Dog Training Platform.
11. Confidentiality.The term “Confidential Information” shall mean any and all of DeBono Dog Training’s trade secrets, confidential and proprietary information and all other information and data of DeBono Dog Training that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation. You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of DeBono Dog Training and agree that you will not use Confidential Information other than as necessary for you to make use of the DeBono Dog Training Platform as expressly permitted by this Agreement and only during the term of this Agreement. You will not disclose or transfer (or seek to induce others to disclose or transfer) any Confidential Information for any purpose. You shall promptly notify DeBono Dog Training in writing of any circumstances, which may constitute unauthorized disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorized disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to DeBono Dog Training upon termination of this Agreement for any reason whatsoever. The DeBono Dog Training Platform contains secured components that are accessible only to those who have been granted a user name and password by DeBono Dog Training. Information contained within the secure components of the DeBono Dog Training Platform is confidential and proprietary.
12. Disclaimer of Warranties; Limitation on Liability.
Certain services provided by DeBono Dog Training occur on the property of Howl n’ Woof Dog Daycare. By entering into this agreement, you agree to not hold Howl n’ Woof and their representatives, guardians, successors, assigns, heirs and next of kin for all liability, claims, damage or demands for personal injury, death or property damage to the Owner and/or the Owner’s dog(s) arising from or related to this agreement. You agree to take full responsibility for any loss. Inherent risks involved in handling, owning and training dogs are present when participating in daycare, training or boarding. These risks include, but are not limited to:
- injuries to people,
- injuries to themselves,
- injuries to other animals,
- damage to property, and,
- the transmission of disease.
The simple fact is that dogs are unpredictable by nature and that each dog behaves differently under any given situation. Under socialized dogs are at a higher risk of not understanding what another dog may be trying to communicate and therefore is at a higher risk of an altercation with another dog. Because of these risks, in order to provide daycare, boarding, and training services, we require you to acknowledge these risks. By agreeing to these Term of Use you acknowledge these and other risks, and agree to release and hold harmless DeBono Dog Training and Howl N Woof, its owners, agents, and employees from liability for injuries that your dog causes to other people, yourself, your dog, other animals, and property.
USE OF THE DEBONO DOG TRAINING PLATFORM IS ENTIRELY AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE DEBONO DOG TRAINING PLATFORM IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, NEITHER DEBONO DOG TRAINING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE DEBONO DOG TRAINING PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO ANY CONTENT AVAILABLE IN OR THROUGH THE DEBONO DOG TRAINING PLATFORM; NOR DO THEY MAKE ANY WARRANTY AS TO ANY PROFESSIONAL’S REGISTRATION, PROFESSIONAL ACCREDITATION OR LICENSE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE DEBONO DOG TRAINING PLATFORM, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, SUITABILITY, SAFETY, COMPLETENESS OR CONTENT OF THE SERVICES OR ANY PRODUCTS, CONTENT, INFORMATION OR MATERIALS PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE DEBONO DOG TRAINING PLATFORM OR THIS AGREEMENT. ACCESS TO THE DEBONO DOG TRAINING PLATFORM IS PROVIDED FREE OF CHARGE AS A COURTESY. NEITHER DEBONO DOG TRAINING NOR ITS AFFILIATES OR LICENSORS ARE RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE DEBONO DOG TRAINING PLATFORM (INCLUDING BUT NOT LIMITED TO THE CONDUCT OF ANY REQUESTERS OR PROFESSIONALS). NEITHER DEBONO DOG TRAINING NOR ITS AFFILIATES OR LICENSORS WARRANT THAT THE DEBONO DOG TRAINING PLATFORM IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTS. DEBONO DOG TRAINING AND ITS AFFILIATES AND LICENSORS CANNOT AND DO NOT GUARANTEE THAT ANY INFORMATION, PERSONAL OR OTHERWISE, SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS.
13. NO LIABILITY.YOU AGREE NOT TO HOLD DEBONO DOG TRAINING, ITS AFFILIATES, ITS LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS (COLLECTIVELY, “MEMBERS”) LIABLE FOR ANY DAMAGES, EXPENSES, LOSSES, SUITS, CLAIMS, AND/OR CONTROVERSIES (COLLECTIVELY, “LIABILITIES”) THAT HAVE ARISEN OR MAY ARISE, WHETHER KNOWN OR UNKNOWN, RELATING TO YOUR USE OF OR INABILITY TO USE THE DEBONO DOG TRAINING PLATFORM, INCLUDING WITHOUT LIMITATION ANY LIABILITIES ARISING IN CONNECTION WITH THE CONDUCT, ACT OR OMISSION OF ANY USER (INCLUDING WITHOUT LIMITATION STALKING, HARASSMENT, ACTS OF PHYSICAL VIOLENCE, AND LOSS OR DESTRUCTION OF PERSONAL PROPERTY), SERVICES, ANY DISPUTE WITH ANY USER, ANY INSTRUCTION, ADVICE, ACT, OR SERVICE PROVIDED BY DEBONO DOG TRAINING OR MEMBERS, AND ANY DESTRUCTION OF YOUR INFORMATION. UNDER NO CIRCUMSTANCES WILL DEBONO DOG TRAINING OR MEMBERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE DEBONO DOG TRAINING PLATFORM OR ANY SERVICES, EVEN IF SUCH PARTIES WERE OR SHOULD HAVE BEEN ADVISED OF THE POSSIBILITY OF THE SAME. DEBONO DOG TRAINING AND MEMBERS DO NOT ACCEPT ANY LIABILITY WITH RESPECT TO THE QUALITY OR FITNESS OF ANY WORK PERFORMED IN CONNECTION WITH THE DEBONO DOG TRAINING PLATFORM, THE SERVICES OR THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF, NOTWITHSTANDING THE FOREGOING EXCLUSIONS, IT IS DETERMINED THAT DEBONO DOG TRAINING OR MEMBERS ARE LIABLE FOR DAMAGES, IN NO EVENT WILL THE AGGREGATE LIABILITY, WHETHER ARISING IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EXCEED THE TOTAL FEES PAID BY YOU TO DEBONO DOG TRAINING DURING THE SIX (6) MONTHS PRIOR TO THE TIME SUCH CLAIM AROSE.
14. RELEASE.DEBONO DOG TRAINING AND MEMBERS EXPRESSLY DISCLAIM ANY LIABILITY THAT MAY ARISE BETWEEN USERS OF THE DEBONO DOG TRAINING PLATFORM. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE DEBONO DOG TRAINING AND MEMBERS FROM ANY AND ALL CLAIMS, DEMANDS, OR DAMAGES (ACTUAL, DIRECT OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE. YOU EXPRESSLY WAIVE AND RELEASE ANY AND ALL RIGHTS AND BENEFITS UNDER SECTION 1542 OF THE CIVIL CODE OF THE STATE OF CALIFORNIA (OR ANY ANALOGOUS LAW OF ANY OTHER STATE), WHICH READS AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
NOTHING IN THIS AGREEMENT OR THE DEBONO DOG TRAINING PLATFORM CONSTITUTES, OR IS MEANT TO CONSTITUTE, ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE IN RELATION TO ANY LEGAL, FINANCIAL OR MEDICAL MATTER YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
BY USING THE DEBONO DOG TRAINING PLATFORM, YOU AGREE THAT THE EXCLUSIONS AND LIMITATIONS OF LIABILITY SET OUT IN THIS AGREEMENT ARE REASONABLE. IF YOU DO NOT BELIEVE THEY ARE REASONABLE, YOU MUST NOT USE THE DEBONO DOG TRAINING PLATFORM.
YOU ACCEPT THAT, AS A CORPORATION, DEBONO DOG TRAINING HAS AN INTEREST IN LIMITING THE PERSONAL LIABILITY OF ITS OFFICERS, DIRECTORS AND EMPLOYEES. YOU AGREE THAT YOU WILL NOT BRING ANY CLAIM PERSONALLY AGAINST DEBONO DOG TRAINING’S OFFICERS, DIRECTORS OR EMPLOYEES IN CONNECTION WITH ANY DISPUTE, LOSS OR DAMAGE. WITHOUT PREJUDICE TO THE FOREGOING, YOU AGREE THAT THE LIMITATIONS OF WARRANTIES AND LIABILITY SET OUT IN THIS AGREEMENT WILL PROTECT THE DEBONO DOG TRAINING’S OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, PARENTS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS AND SUB-CONTRACTORS AS WELL AS DEBONO DOG TRAINING.
EACH PARTY ACKNOWLEDGES THAT THE OTHER PARTY HAS ENTERED INTO THIS AGREEMENT RELYING ON THE LIMITATIONS OF LIABILITY STATED HEREIN AND THAT THOSE LIMITATIONS ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.
15. Indemnification.You hereby agree to indemnify, defend, and hold harmless DeBono Dog Training, its licensors, and each such party’s directors, officers, parent organizations, subsidiaries, affiliates, members, employees, agents, attorneys, independent contractors and vendors from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys’ fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use of or inability to use the DeBono Dog Training Platform and/or any Service, (ii) your violation of this Agreement, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another (including but not limited to Professionals), and (v) Your Information and content that you submit or transmit through the DeBono Dog Training Platform. DeBono Dog Training reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of DeBono Dog Training.
16. Mutual Arbitration Agreement.
- Informal Negotiations.To expedite resolution and reduce the cost of any dispute, controversy or claim, past, present, or future, between you and DeBono Dog Training, including without limitation any dispute or claim related to or arising out of this Agreement (“Dispute”), you and DeBono Dog Training may attempt to negotiate any Dispute informally (the “Informal Negotiations”) before initiating any arbitration or court proceeding. Such Informal Negotiations will commence upon written notice. Your address for any notices under this Section 16 is your email address and/or physical address that you have provided to DeBono Dog Training. DeBono Dog Training’s address for such notices is: email@example.com and/or by mail to DeBono Dog Training, 11821 Bittern Holw, #47, Austin, TX, 78758
- Arbitration.If a Dispute is not resolved through Informal Negotiations, you and DeBono Dog Training agree to resolve any and all Disputes (except those Disputes expressly excluded below) through final and binding arbitration (“Arbitration Agreement”). This Arbitration Agreement shall be governed by the Federal Arbitration Act and evidences a transaction involving commerce. The arbitration will be commenced and conducted before a single arbitrator under the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website (www.adr.org). Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Rules (and, where appropriate, limited by the AAA Consumer Rules). If you are unable to pay such costs, DeBono Dog Training will pay all arbitration fees and expenses. Each party will pay the fees for his/her or its own attorneys, subject to any remedies to which that party may later be entitled under applicable law. The arbitrator will make a decision in writing. Additionally, the arbitrator, and not any federal, state, or local court or agency, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. However, the preceding sentence shall not apply to the “Class Action Waiver” described in Section d below.
- Excluded Disputes.You and DeBono Dog Training agree that the following Disputes are excluded from this Arbitration Agreement: (1) any Dispute seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) individual claims in small claims court; (3) any claim that an applicable federal statute expressly states cannot be arbitrated; and (4) any claim for injunctive relief.
- WAIVER OF RIGHT TO BE A PLAINTIFF OR CLASS MEMBER IN A CLASS ACTION.
You and DeBono Dog Training agree to bring any Dispute in arbitration on an individual basis only, and not as a class or collective action. There will be no right or authority for any Dispute to be brought, heard or arbitrated as a class or collective action (“Class Action Waiver”). Regardless of anything else in this Arbitration Agreement and/or the applicable AAA Rules or AAA Consumer Rules, the interpretation, applicability, enforceability or formation of the Class Action Waiver may only be determined by a court and not an arbitrator.
- Rules/Standards Governing Arbitration Proceeding.A party who wishes to arbitrate a Dispute covered by this Arbitration Agreement must initiate an arbitration proceeding no later than the expiration of the statute of limitations that applicable law prescribes for the claim asserted. The arbitrator shall apply the statute of limitations that would have applied if the Dispute had been brought in court. The arbitrator may award any remedy to which a party is entitled under applicable law, but remedies shall be limited to those that would be available to a party in their individual capacity, and no remedies that otherwise would be available to an individual under applicable law will be forfeited. The arbitrator is without authority to apply any different substantive law. The parties have the right to conduct adequate civil discovery and present witnesses and evidence as needed to present their cases and defenses, and any dispute in this regard shall be decided by the arbitrator. The location of the arbitration proceeding shall take place in the city or county where you reside, unless each party agrees otherwise. A court of competent jurisdiction shall have the authority to enter judgment upon the arbitrator’s decision/award.
- Severability. You and DeBono Dog Training agree that if any portion of this section entitled “Mutual Arbitration Agreement” is found illegal or unenforceable, that portion will be severed and the remainder of this section 16 will be given full force and effect.
17. Governing Law; Jurisdiction.Except for the Arbitration Agreement in Section 16, which is governed by the Federal Arbitration Act, this Agreement is governed and interpreted pursuant to the laws of the State of New York, United States of America, notwithstanding any principles of conflicts of law. For all Disputes not subject to arbitration, You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within the county of New York, New York.
18. Assignment.This Agreement may not be assigned or transferred by you without our prior written approval. We may assign or transfer this Agreement without your consent, including but not limited to assignments: (i) to a parent or subsidiary, (ii) to an acquirer of assets, or (iii) to any other successor or acquirer. Any assignment in violation of this section shall be null and void. This Agreement shall inure to the benefit of permitted successors and assigns.
19. General Provisions.No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement. A failure by us to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right. This Agreement constitutes the entire agreement between you and DeBono Dog Training with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will be enforced to the fullest extent possible, and the remaining provisions will remain in full force and effect. You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement. You agree that regardless of any statute or law to the contrary, any Dispute, claim or cause of action arising out of or related to this Agreement must be filed within one (1) year after such Dispute, claim or cause of action arose or be forever barred. All notices provided by a party in connection with this Agreement will be deemed given as of the day they are received either by email, messenger, delivery service, or in the U.S. Mail, postage prepaid, certified or registered, return receipt requested, and addressed as follows: Your address for such notices is your email address and/or physical address that you have provided to DeBono Dog Training. DeBono Dog Training’s address for such notices is: firstname.lastname@example.org and/or by mail to DeBono Dog Training, 11821 Bittern Holw, #47, Austin, TX, 78758. The captions in this Agreement are solely for convenience and shall not affect the interpretation of this Agreement. This Agreement shall not be modified except in writing signed by both parties or by means of a new posting by DeBono Dog Training, as described below. This Agreement shall be interpreted as if jointly drafted by the parties. DeBono Dog Training shall have no liability to you for any failure or delay in performing its obligations in this Agreement where such failure or delay is caused by an event or circumstance beyond DeBono Dog Training’s reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion, acts of terrorism or accident.
20. Changes to this Agreement.We reserve the right, at our sole and absolute discretion, to change, modify, add to, supplement or delete any of the terms and conditions of this Agreement at any time, effective with or without prior notice. If any future changes to this Agreement are unacceptable to you or cause you to no longer be in compliance with this Agreement, you must terminate, and immediately stop using, the DeBono Dog Training Platform. Your continued use of the DeBono Dog Training Platform following any revision to this Agreement constitutes your complete and irrevocable acceptance of any and all such changes.
21. Contact Information.If you have any questions regarding this Agreement, please contact us at email@example.com or by mail at:
DeBono Dog Training
11821 Bittern Holw, #47
Austin, TX, 78758