YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING OR STREAMING ANY FILES (AS HEREFINAFTER DEFINED) OR OTHER PROGRAMS ( AS HEREINAFTER DEFINED). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE FILES OR OTHER PROGRAMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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 “Siteâ€). 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 “Agreementâ€) is between You (“You†or “Yourâ€) and WATCH & TRAIN, LLC. (“WATCH & TRAINâ€). This Agreement governs Your purchase of any Files (defined below) or other products or services (such other products and services, collectively, the “Other Productsâ€) from WATCH & TRAIN through WATCH & TRAIN's web site (this “Siteâ€).
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.
4. PAYMENTS
(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 “AS IS†AND ON AN “AS AVAILABLE†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.
(e) INDEMNIFICATION
You agree to indemnify and hold WATCH & TRAIN, its third party partners, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees and court costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Site and/or the Files or Other Products; ; (b) Your breach of this Agreement; and/or (c) Your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of WATCH & TRAIN, its Third Party Partners, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf. WATCH & TRAIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with WATCH & TRAIN in asserting any available defenses.
6. LEGAL COMPLIANCE
WATCH & TRAIN may suspend or terminate this Agreement or Your use of the Site immediately upon receipt of any notice which alleges that such customer has used the Site for any purpose that violates any local, state or federal law including, but not limited to, the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations. As set forth in the Privacy Policy attached hereto and made a part hereof, in such an event, WATCH & TRAIN may disclose Your identity and contact information, if requested by a governmental or law enforcement body or as a result of a subpoena or other legal action, and WATCH & TRAIN shall not be liable for damages or results therefrom and agrees not to bring any action or claim against WATCH & TRAIN for such disclosure.
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
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to This email address is being protected from spambots. You need JavaScript enabled to view it..
9. CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in this Site or downloading any Files in the programs offered on the Site (each, a “Programâ€), You signify Your express consent to receive information from WATCH & TRAIN in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, Gift redemption voucher(s) (each, a “Gift Redemption Voucherâ€) and other items.
10. YOU MUST BE OVER EIGHTEEN (18) YEARS OF AGE AND A RESIDENT OF THE UNITED STATES TO BECOME A MEMBER
This Agreement must be completed, understood and agreed to by a person over eighteen (18) years of age who is also a resident of the United States. For purposes of this Agreement, "United States" shall be defined as the fifty (50) states of the Union and other territories including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.
11. LICENSE TO USE THE SITE
As indicated by Your express consent to this Agreement by viewing this license of any Services, WATCH & TRAIN hereby grants You a revocable, non-exclusive, non-transferable and limited license to use the Site and download or stream the Files or Other Products in strict accordance with the terms and conditions of this Agreement and as permitted via other instructions contained on the Site. You acknowledge and agree that (a) You have all computer system requirements necessary to download or stream Files or operate the Site and (b) that the content and materials made available on the Site are the property of WATCH & TRAIN and its advertisers and licensors and are protected by applicable copyrights, moral rights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws, in the United States and internationally. WATCH & TRAIN may terminate this license at any time for any reason. You may use the Site on one computer for Your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, maliciously manipulate any URL or transfer the Site, Site content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site or WATCH & TRAIN infrastructure. Except as may be explicitly permitted through the Site, You agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content made available on or through the Site, or any other property of WATCH & TRAIN. Systematic retrieval of data or other content from the Site in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from WATCH & TRAIN is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. The posting of information or material on the Site by WATCH & TRAIN or any Third Party Partner does not constitute a waiver of any right in such information and/or materials. Your right to use the Site is not transferable. All rights not expressly granted herein are fully reserved by WATCH & TRAIN, its advertisers and licensors, as applicable.
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.
13. MISCELLANEOUS
This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Chicago, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties. To the extent that anything contained in this Agreement contradicts or is in any way inconsistent with the Privacy Policy, the Privacy Policy shall control in all respects. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. COMPLETE AGREEMENT
This Agreement (including under the Terms of Use, any Additional Terms, and the Privacy Policy) constitutes the entire agreement between You and WATCH & TRAIN with respect to Your purchase of Files or Other Products through this Site.
YOU SHOULD CAREFULLY READ THE FOLLOWING END USER LICENSE AGREEMENT BEFORE DOWNLOADING OR STREAMING ANY FILES (AS HEREFINAFTER DEFINED) OR OTHER PROGRAMS ( AS HEREINAFTER DEFINED). BY DOWNLOADING, INSTALLING, COPYING, OR OTHERWISE USING THE FILES OR OTHER PROGRAMS, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
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 “Siteâ€). 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 “Agreementâ€) is between You (“You†or “Yourâ€) and WATCH & TRAIN, LLC. (“WATCH & TRAINâ€). This Agreement governs Your purchase of any Files (defined below) or other products or services (such other products and services, collectively, the “Other Productsâ€) from WATCH & TRAIN through WATCH & TRAIN's web site (this “Siteâ€).
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.
4. PAYMENTS
(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 “AS IS†AND ON AN “AS AVAILABLE†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.
(e) INDEMNIFICATION
You agree to indemnify and hold WATCH & TRAIN, its third party partners, its parents, subsidiaries and affiliates, and each of their respective members, officers, directors, employees, agents, co-branders and/or other partners, harmless from and against any and all claims, expenses (including reasonable attorneys' fees and court costs), damages, suits, costs, demands and/or judgments whatsoever, made by any third party due to or arising out of: (a) Your use of the Site and/or the Files or Other Products; ; (b) Your breach of this Agreement; and/or (c) Your violation of any rights of another individual and/or entity. The provisions of this paragraph are for the benefit of WATCH & TRAIN, its Third Party Partners, its parent, subsidiaries and/or affiliates, and each of their respective officers, directors, members, employees, agents, shareholders, licensors, suppliers and/or attorneys. Each of these individuals and entities shall have the right to assert and enforce these provisions directly against You on its own behalf. WATCH & TRAIN reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You shall cooperate with WATCH & TRAIN in asserting any available defenses.
6. LEGAL COMPLIANCE
WATCH & TRAIN may suspend or terminate this Agreement or Your use of the Site immediately upon receipt of any notice which alleges that such customer has used the Site for any purpose that violates any local, state or federal law including, but not limited to, the posting of information that may violate third party rights, that may defame a third party, that may be obscene or pornographic, that may harass or assault others, that may violate hacking or other criminal regulations. As set forth in the Privacy Policy attached hereto and made a part hereof, in such an event, WATCH & TRAIN may disclose Your identity and contact information, if requested by a governmental or law enforcement body or as a result of a subpoena or other legal action, and WATCH & TRAIN shall not be liable for damages or results therefrom and agrees not to bring any action or claim against WATCH & TRAIN for such disclosure.
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
In accordance with Cal. Civ. Code Sec. 1789.3, California resident users are entitled to know that they may file grievances and complaints at California Department of Consumer Affairs, 400 R Street, STE 1080, Sacramento, CA 95814; or by phone at 916-445-1254 or 800-952-5210; or by email to This email address is being protected from spambots. You need JavaScript enabled to view it..
9. CONSENT TO RECEIVE ELECTRONIC RECORDS
By participating in this Site or downloading any Files in the programs offered on the Site (each, a “Programâ€), You signify Your express consent to receive information from WATCH & TRAIN in electronic format. You will need a computer with browser and Internet access to receive such electronic records. Electronic records may include terms and conditions, agreements, privacy policies, Gift redemption voucher(s) (each, a “Gift Redemption Voucherâ€) and other items.
10. YOU MUST BE OVER EIGHTEEN (18) YEARS OF AGE AND A RESIDENT OF THE UNITED STATES TO BECOME A MEMBER
This Agreement must be completed, understood and agreed to by a person over eighteen (18) years of age who is also a resident of the United States. For purposes of this Agreement, "United States" shall be defined as the fifty (50) states of the Union and other territories including the Midway Islands, Puerto Rico, American Samoa, Virgin Islands, Micronesia, Marshall Islands, Northern Mariana Islands, Palau and Guam.
11. LICENSE TO USE THE SITE
As indicated by Your express consent to this Agreement by viewing this license of any Services, WATCH & TRAIN hereby grants You a revocable, non-exclusive, non-transferable and limited license to use the Site and download or stream the Files or Other Products in strict accordance with the terms and conditions of this Agreement and as permitted via other instructions contained on the Site. You acknowledge and agree that (a) You have all computer system requirements necessary to download or stream Files or operate the Site and (b) that the content and materials made available on the Site are the property of WATCH & TRAIN and its advertisers and licensors and are protected by applicable copyrights, moral rights, trademarks, service marks, patents, trade secrets and other proprietary rights and laws, in the United States and internationally. WATCH & TRAIN may terminate this license at any time for any reason. You may use the Site on one computer for Your own personal, non-commercial use. No part of the Site may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, reverse engineer, maliciously manipulate any URL or transfer the Site, Site content or any portion thereof. You may not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You may not take any action that imposes an unreasonable or disproportionately large load on the Site or WATCH & TRAIN infrastructure. Except as may be explicitly permitted through the Site, You agree not to save, download, cut and paste, sell, license, rent, lease, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from materials, code or content made available on or through the Site, or any other property of WATCH & TRAIN. Systematic retrieval of data or other content from the Site in order to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from WATCH & TRAIN is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in this Agreement is prohibited. The posting of information or material on the Site by WATCH & TRAIN or any Third Party Partner does not constitute a waiver of any right in such information and/or materials. Your right to use the Site is not transferable. All rights not expressly granted herein are fully reserved by WATCH & TRAIN, its advertisers and licensors, as applicable.
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.
13. MISCELLANEOUS
This Agreement shall be treated as though it were executed and performed in Chicago, Illinois, and shall be governed by and construed in accordance with the laws of the State of Illinois (without regard to conflict of law principles). Should a dispute arise concerning the terms and conditions of this Agreement or the breach of same by either party hereto, the parties agree to submit their dispute for resolution by arbitration before the American Arbitration Association in Chicago, in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association. Any award rendered shall be final and conclusive to the parties and a judgment thereon may be entered in any court of competent jurisdiction. Nothing herein shall be construed to preclude any party from seeking injunctive relief in order to protect its rights pending an outcome in arbitration. This Agreement, together with the Privacy Policy, constitutes the entire agreement between the parties related to the subject matter hereof, and supersedes any prior or contemporaneous (oral, written or electronic) agreement between the parties. To the extent that anything contained in this Agreement contradicts or is in any way inconsistent with the Privacy Policy, the Privacy Policy shall control in all respects. If any provision of this Agreement is prohibited by law or held to be unenforceable, the remaining provisions hereof shall not be affected, and this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part hereof. The parties do not intend that any agency or partnership relationship be created through operation of this Agreement.
14. COMPLETE AGREEMENT
This Agreement (including under the Terms of Use, any Additional Terms, and the Privacy Policy) constitutes the entire agreement between You and WATCH & TRAIN with respect to Your purchase of Files or Other Products through this Site.
