TERMS & CONDITIONS

ACCEPTANCE OF TERMS AND CONDITIONS

(In other words, what the Lawyers have to say)

By using this site, you (also known as the “end user” in this agreement) agree to the terms and conditions that we (PAWS UP DOG TRAINING LLC) have provided. If you do not agree with these terms and conditions, please do not visit or use the Paws Up Dog Training site, or the PawsUpDog.com site.

  1. General.

The PawsUpDog.com site and the Paws Up Dog Training site are for informational purposes pertaining to Dog Training and other services we offer for our clients and prospective clients.

This Agreement sets forth the terms and conditions that apply to the use of this site by you. By using this site (other than to read this Agreement for the first time), you agree to comply with all of the terms and conditions hereof. The right to use this site is personal to you and is not transferable to any other person or entity. You shall be responsible for protecting the confidentiality of your password(s), if any. You acknowledge that, although the Internet is often a secure environment, sometimes there are interruptions in service or events that are beyond our control.  While it is our objective  to make the site accessible 24 hours per day, 7 days per week, the site may be unavailable from time to time for any reason including, without limitation, routine maintenance. Paws Up Dog Training and PawsUpDog.com will do its best (but is not obligated) to inform its members ahead of time of any maintenance or downtime the site may incurr.You understand and acknowledge that due to circumstances both within and outside our control, access to the site may be interrupted, suspended or terminated from time to time.

Paws Up Dog Training and PawsUpDog.com shall have the right at any time to change or discontinue any aspect or feature of the site, including, but not limited to, content, hours of availability and equipment needed for access or use. Further, we may discontinue disseminating any portion of information or category of information, may change or eliminate any transmission method and may change transmission speeds or other signal characteristics.

  1. Modified Terms.

Paws Up Dog Training and PawsUpDog.com reserves the right at all times to discontinue or modify any of our Terms of Use and/or our Privacy Policy as we deem necessary or desirable without notification. Any changes to these Terms of Use will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice of the changes on our site. These changes will be effective immediately for new users of our site. We suggest that you  re-read this important notice containing our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. Any use of the site by you after such notice shall be deemed to constitute acceptance by you of such modifications.

  1. Equipment.

You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this site and all charges related thereto. Paws Up Dog Training or PawsUpDog.com shall not be liable for any damages to your equipment resulting from the use of this site.

  1. Your Conduct.

Paws Up Dog Training and any information, logo’s, advertisements, linked sites, now or hereinafter contained within or otherwise available through links within PawsUpDog.com or PawsUpDog.com  are private property. All interactions on this site and/or the linked sites must comply with these Terms of Use. We do require that any activity on this site or any linked site be used for lawful purposes only. You shall not post or transmit through this site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law. Any conduct by an End User that in Paws Up Dog Training or PawsUpDog.com’s exclusive discretion restricts or inhibits any other End User from using or enjoying this site and/or any of the linked sites is strictly prohibited. You shall not use this site or any of the linked sites for the solicitation of users of this site.

  1. Copyright and Trademarks.

Everything located on or in this site or the PawsUpDog.com site, including the linked sites, is the exclusive property of Paws Up Dog Training, or used with express permission of the copyright and/or trademark owner. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS SITE OR ANY OF THE LINKED SITES WITHOUT THE EXPRESS WRITTEN PERMISSION OF Paws Up Dog Training, IS STRICTLY PROHIBITED. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject you to civil and/or criminal penalties.

You shall not upload, post or otherwise make available on this site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any area of this site or any of the linked sites, you give Paws Up Dog Training the right to use or display, in part or in whole and without compensation of any kind, any of the material submitted. You hereby grant Paws Up Dog Training the right to edit, copy, publish and distribute any material made available on this site or any linked site.

  1. Copyright Policy.

Paws Up Dog Training reserves the right to terminate its agreement with any end user who singularly or repeatedly infringes third-party copyright rights upon prompt notification to Paws Up Dog Training by the copyright owner or the copyright owner’s legal agent. Without limiting the foregoing, if you believe that a copyrighted work has been copied and posted via the site or any of the linked sites in a way that constitutes copyright infringement, you shall provide Paws Up Dog Training with: (a) Your electronic or physical signature; (b) an identification and location on PAWS UP DOG TRAINING, LLC site or any of the linked sites of the copyrighted work that you claim has been infringed; (c) Your name and contact information, such as telephone number or e-mail address; and (e) A statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf. This information can be delivered to Paws Up Dog Training either through the Contact Us page with the subject “Copyright Infringement”, by phone, or by U.S. postal service mailed to:

PAWS UP DOG TRAINING

Attn: Copyright Ingringement

12313 Twin Branch Acres

Tampa, FL 33626

  1. Disclaimer of Warranty.

YOU EXPRESSLY AGREE THAT USE OF THIS SITE AND ANY LINKED SITE(S) IS AT YOUR SOLE RISK. NEITHER Paws Up Dog Training, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, MERCHANTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS, WARRANT THAT USE OF THE SITE OR ANY OF THE LINKED SITE(S) WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO (I) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS SITE, OR ANY LINKED SITE, OR (II) THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE OR VOUCHERS PROVIDED THROUGH THIS SITE OR THE LINKED SITES.

THIS SITE AND THE LINKED SITES ARE MADE ACCESSIBLE ON AN AS IS AND AS AVAILABLE BASIS. Paws Up Dog Training HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

  1. Limitation of Liability

IN NO WAY SHALL Paws Up Dog Training, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR EQUIPMENT OR DATA LOSS ARISING FROM A VIRUS OR SPYWARE, RELATED TO THIS AGREEMENT OR USE OF THE Paws Up Dog Training SITE.

  1. Monitoring.

Paws Up Dog Training will monitor all advertising posted to the PawsUpDog.com and PawsUpDog.com web site.  Paws Up Dog Training has the right to refuse to advertise any product or service, or any business or entity that in Paws Up Dog Training’s sole discretion is not in compliance with this Agreement or any contracts established by Paws Up Dog Training, as well as to satisfy any applicable law, regulation or authorized government request.

  1. Privacy.

End User acknowledges that by submitting information to any other site, including but not limited to sites linked to from the Paws Up Dog Training website, end user will then be bound by that sites privacy policy.  End user acknowledges that it is the end users sole responsibility to check the privacy policy of the site they are using.  Paws Up Dog Training does not control or endorse the content, messages or information found in any Community, and, therefore, Paws Up Dog Training specifically disclaims any liability concerning the Communities and any actions resulting from End Users’ participation in any Community, including any objectionable content.

  1. License Grant.

By posting communications on or through this site or any linked site, you shall be deemed to have granted to Paws Up Dog Training a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed without territorial or time limitations, and to sublicense such rights through multiple tiers of sublicenses.

  1. Indemnification/Release.

End User agrees to defend, indemnify and hold harmless Paws Up Dog Training, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys’ fees, arising out of or related to any products or services purchased by End User in connection with the site or any linked sites.

End User is solely responsible for interactions with Merchants and other users of the site or linked sites. To the extent permitted under applicable laws, End User hereby releases Paws Up Dog Training from any and all claims or liability related to any product or service of a Merchant, any action or in-action by Merchant, including Merchant’s failure to comply with applicable law and/or failure to abide by the terms of a coupon or special offer, and any conduct or speech, whether online or offline, of any other user.

In connection with the foregoing release, End User hereby waives California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

  1. Termination.

Paws Up Dog Training may terminate this Agreement at any time. Without limiting the foregoing, Paws Up Dog Training shall have the right to immediately terminate or suspend any passwords or accounts of End User in the event of any conduct by End User or which Paws Up Dog Training, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. The provisions of Sections 2, 4, 5, 6, 7, 10, 11, and 12 will survive termination of this Agreement.

  1. Third-Party Content.

Paws Up Dog Training, similar to an Internet Service Provider, may distribute content supplied by third parties and End Users. Accordingly, Paws Up Dog Training has no more editorial control over such content than does a public library, bookstore or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or any other end users are those of the respective author(s) or distributor(s) and not of Paws Up Dog Training.

In many instances, the content available through this site represents the opinions and judgments of the respective information provider, end user, or other user not under contract with Paws Up Dog Training. Paws Up Dog Training neither endorses nor is responsible for the accuracy or reliability of any opinion, advice, or statement made on Paws Up Dog Training by anyone other than authorized Paws Up Dog Training employee spokespersons while acting in official capacities. Under no circumstances will PAWS UP DOG TRAINING be liable for any loss or damage caused by an end user’s reliance on information obtained through Paws Up Dog Training. It is the responsibility of End User to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or other content available through Paws Up Dog Training.

Paws Up Dog Training contains links to third-party websites maintained by other content providers. These links are provided solely as a convenience to you and not as an endorsement by Paws Up Dog Training of the contents on such third-party sites, and Paws Up Dog Training hereby expressly disclaims any representations regarding the content or accuracy of materials on such third-party websites. If End User decides to access linked third-party websites, End User does so at its own risk. Unless you have executed a written agreement with Paws Up Dog Training expressly permitting you to do so, you may not provide a hyperlink to the Paws Up Dog Training site or any of the linked sites from any other website. Paws Up Dog Training reserves the right to revoke its consent to any link at any time in its sole discretion.

  1. Miscellaneous.

This Agreement, constitutes the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement, and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder.