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UNIVERSAL SINGLE USER LICENSE AGREEMENT
ACCEPTANCE: By accessing the site or using files or products after viewing this license any of the web-based training services and videos ("Services") listed below which You have selected, You are agreeing to the terms of this Universal Single User License Agreement("Agreement"). Please read this Agreement carefully. If you do not agree to the terms of this Agreement in their entirety, You are not permitted to use the Site and should not click "Submit." Please check the Site and this Agreement periodically for changes, as Watch & Train ( as hereinafter defined) reserves the right to revise this Agreement at any time. The latest Agreement will be posted on the Site, and You should review this Agreement prior to using the Site. By your continued use of the Site, You hereby agree to all of the terms and conditions contained within the Agreement effective at that time. WATCH & TRAIN reserves the right to terminate Your use of the Site at any time, with or without notice, for any reason including, but not limited to, for Your breach of this Agreement or any instructions contained on the Site.
TERMS OF SALE AND USE OF SITE
Watch and Train, LLC., thanks You for visiting its web site (this â€œSiteâ€). Please carefully read the our Web Site Terms and Conditions of Sale Agreement set out below and the Web Site Terms before purchasing any streaming audio-visual files or other products or services from WATCH & TRAIN, LLC. through this Site.
1. SCOPE OF THE AGREEMENT
This Web Site Terms and Conditions of Sale Agreement (this â€œAgreementâ€) is between You (â€œYouâ€ or â€œYourâ€) and WATCH & TRAIN, LLC. (â€œWATCH & TRAINâ€). This Agreement governs Your purchase of any Files (defined below) or other products or services (such other products and services, collectively, the â€œOther Productsâ€) from WATCH & TRAIN through WATCH & TRAIN's web site (this â€œSiteâ€).
2. BINDING AGREEMENT
BY COMPLETING A PURCHASE OF ANY FILES OR OTHER PRODUCTS ON THIS SITE, YOU ARE DEEMED TO HAVE READ, UNDERSTOOD, AND AGREED TO EACH OF THE TERMS, CONDITIONS, AND NOTICES SET FORTH IN THIS AGREEMENT AND IN ANY INCORPORATED AGREEMENT, POLICY, OR OTHER TERMS AND CONDITIONS. IF YOU DO NOT UNDERSTAND AND AGREE TO EACH OF THE TERMS, CONDITIONS, AND NOTICES HEREIN AND AS SO INCORPORATED, YOU SHOULD NOT PURCHASE ANY FILES OR OTHER PRODUCTS ON THIS SITE.
3. PRODUCT PRICING, INFORMATION & ORDERING
(a) The prices of and terms of payment for Files, are all within WATCH & TRAIN's sole discretion. WATCH & TRAIN may modify such offerings, structures, prices, and terms at any time and from time to time by posting new, modified, or additional offerings, structures, prices, or terms on this Site.
(b) WATCH & TRAIN will use commercially reasonable efforts to fulfill Your orders of Files or Other Products, but WATCH & TRAIN cannot and does not guarantee the accuracy or completeness of information on this Site, including prices advertised other than on this Site, product images, specifications, availability, and services displayed on, offered for sale, or sold through this Site. WATCH & TRAIN and its vendors and suppliers each reserve the right discontinue the sale of any Files or Other Products offered for sale on this Site at any time and without prior notice to You.
(c) Prices for and information about Files and Other Products listed on this Site may vary from other advertised prices and information. WATCH & TRAIN is bound only to the File prices and information listed on this Site. Such prices are quoted and payable in United States Dollars, are valid and effective only within the United States, and do not include sales taxes, if applicable, which will all be added to Your total invoice price. You are solely responsible for the payment of state and local sales or use taxes that may apply to Your order.
(a) Payments for Files, and Other Products must be made by credit or debit card. Currently, WATCH & TRAIN accepts the following credit cards: Visa, MasterCard, Discover and American Express.
(b) If there is a problem with Your method of payment, WATCH & TRAIN may make reasonable efforts to contact You to resolve the problem. If WATCH & TRAIN is unable to charge Your designated credit or debit card, WATCH & TRAIN reserves the right (i) immediately to suspend or terminate Your transaction (ii) to collect the outstanding amount You owe for any File or Other Products You attempted to purchase ; or (iii) to seek legal action against You for breach of these terms. These remedies are not exclusive.
5. WARRANTIES; DISCLAIMER; LIMITATION OF LIABILITY;INDEMNITY
WATCH & TRAIN represents, warrants and covenants that the Files does not and shall not contain any virus, time bomb, trap door, disabling device, automatic restraint or other code designed to disrupt, disable, harm or otherwise impede the operation of the downloads of the Files. You agree that the Files and Other Products will operate on the hardware recommended by WATCH & TRAIN, as stated in Attachment A, which is hereby made a part hereof.
(a) WARRANTY DISCLAIMER.
EXCEPT AS SET FORTH ABOVE, ALL FILES AND OTHER PRODUCTS ARE SOLD â€œAS ISâ€ AND ON AN â€œAS AVAILABLEâ€ BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WATCH & TRAIN DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR USE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY, OR SYSTEM INTEGRATION. THIS SITE AND THE FILES AND OTHER PRODUCTS ARE NOT A SUBSTITUTE FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. WATCH & TRAIN DOES NOT GUARANTEE THAT ACCESS TO THIS SITE OR TO THE FILES SHALL BE UNINTERRUPTED AND ERROR FREE, AND WATCH & TRAIN MAY SUSPEND OR CANCEL THE SERVICE AT ANY TIME WITHOUT NOTICE TO YOU.
(b) LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WATCH & TRAIN; ITS PARENT, SUBSIDIARIES, OR AFFILIATES; NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, MEMBERS, PARTNERS, EMPLOYEES, OR AGENTS SHALL BE LIABLE FOR ACCIDENTS AND INJURIES TO HUMANS AND/OR ANIMALS AND/OR FOR PUNITIVE, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, INDIRECT, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, REVENUES, BUSINESS, USE, DATA, OR OTHER INTANGIBLES), WHETHER OR NOT SUCH DAMAGES WERE FORESEEABLE OR WATCH & TRAIN HAD BEEN ADVISED OF THE POSSIBILITY OR LIKELIHOOD OF SUCH DAMAGES.
(c) MAXIMUM LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WATCH & TRAIN'S TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FORM OF ACTION, WHETHER CONTRACT, WARRANTY, TORT, PRODUCT LIABILITY, OR OTHERWISE) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO WATCH & TRAIN FOR THE ONE MONTH PERIOD PRIOR TO THE ACT ALLEGEDLY GIVING RISE TO WATCH & TRAIN'S LIABILITY.
(d) Dog Training is never without risk of injury.
DO NOT attempt these techniques Yourself without consulting a professional. You understand and agree that WATCH & TRAIN is not responsible or liable in any manner whatsoever for Your inability to use or train Your dog or for Your inability to utilize any associated functionality. You understand and agree that WATCH & TRAIN shall not be liable to You or any third party for any File, Other Products or any other product, service or promotion offered by the WATCH & TRAIN. You understand and agree that refusal to use the Site is Your sole right and remedy with respect to any dispute with WATCH & TRAIN.
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6. LEGAL COMPLIANCE
7. PARENTAL FILTERING DEVICES
In accordance with 47 U.S.C. Sec. 230(d), parents are notified that there are filtering devices that are commercially available which may assist parents in limiting access to material that is harmful to minors, such as http://www.netnanny.com, http://www.cyberpatrol.com, www.cybersitter.com.
8. CALIFORNIA USER CONSUMER RIGHTS
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11. LICENSE TO USE THE SITE
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12. INTERNATIONAL USE
Accessing the Site, and services, products or content available on the Site from places outside the United States (unless expressly set forth herein to the contrary) or where the content is illegal, is prohibited. None of the information on the Site may be downloaded, exported or re-exported into Libya, Iraq, North Korea, Cuba, the National Union for the Total Independence of Angola (UNITA), Iran, Syria, Sudan, Burma (Myanmar), Serbia, Sierra Leone and/or Liberia, or to any group or entity designated as a terrorist organization, international narcotics trafficker, foreign terrorist organization, and/or other foreign persons that have engaged in, or will engage in, activities related to the proliferation of weapons of mass destruction or any other country, group or entity with restrictions imposed by the United States Government. By using the Site, You agree that You are not a citizen of, or a resident in, any of the aforementioned restricted countries, or a participant in any of the aforementioned restricted groups or entities. You agree that You shall comply with all applicable export and import control laws and regulations in Your use of the Site, or the materials, products and/or services made available by and through the Site. Without limiting the generality of the foregoing, You shall not export or re-export anything available on, or received through, the Site in violation of local or foreign export laws and/or without all required United States and foreign governmental licenses.
14. COMPLETE AGREEMENT