Terms of Use & Conditions

Terms & Conditions for the following Products:

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DVD, Video, eBooks and other Merchandise

Terms of Use of our Website and Blog:

Our dog-loving attorney kindly wrote the below Terms of Use for Spot On Agility. Remember, if you use this site, below lists some of the rules you’re expected to follow.

User Conduct

You agree to use the Site only for lawful purposes. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Site in any manner that might interfere with the rights of third parties.

You agree not to take any action that might compromise the security of the Site, render the Site inaccessible to others or otherwise cause damage to the Site or the Content.

You shall not post or transmit through the site content that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate the site, or any other system data or information associated with the site.  You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, ethnicity, religion, sexual orientation, or national origin, or is otherwise objectionable, or that assists or encourages conduct that would constitute a criminal offense, gives rise to civil liability or otherwise violates any law.

 

Any conduct by You that, in Spot On Agility’s sole discretion and determination, restricts or inhibits any other subscriber/user from enjoying the site will not be permitted. You shall not use the site to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of Subscribers/Users of SpotOnAgility.com to become subscribers/users of other services. Spot On Agility retains the right to remove any and all postings on the site at its sole discretion and determination.

 

Eligibility

The services offered on the site are only available to persons who can form legally binding contracts under applicable law. By way of example, persons under 18 years of age are not eligible to use the site or the services offered thereon.

 

Intellectual Property

Unless otherwise noted, all materials, including images, illustrations, text, designs, icons, photographs, software, video clips, and written and other materials that are part of the site (collectively, the “Content”), along with any copyright, trademark, service mark, patent, trade dress and/or other proprietary or intellectual property rights in the site and the Content, are owned by or licensed to Spot On Agility.

Spot On Agility hereby authorizes you to make a single copy of the Content herein for your use in learning about, evaluating, or acquiring Spot On Agility’s goods or services described and offered through the site (the “Services”). No right, title or interest in any downloaded materials or software or Content is transferred to you as a result of such copying. You agree that you shall not alter or remove any copyright notice or proprietary legend contained on the site or its Content and you also agree that any copy of the Content provided by you shall include Spot On Agility’s copyright notice or any other proprietary notice included therein. You agree not to derive or attempt to derive the source code, source files or structure of all or any portion of the site or the Content by reverse engineering, disassembling, decompiling or otherwise manipulating the Content or code. You expressly agree that you shall not attempt to, and have no right by virtue of this Agreement to, transfer or sublicense any of the Content or any other material or software included on the site.

The site contains Spot On Agility and third-party trademarks and service marks. All marks are the property of their respective owners. Except as explicitly provided herein, all rights in the intellectual property contained in the site including copyright, trademark, trade secret and patent rights are expressly reserved for the ownership and benefit of Spot On Agility. Except as specifically provided herein, access to the site does not constitute a right to copy or use any of the intellectual property included on the site. You covenant that you will take no action to register or otherwise interfere with or challenge any intellectual property rights of Spot On Agility or its affiliates. You agree that you shall grant Spot On Agility a fully transferable, non-exclusive, perpetual, royalty-free license to use, reproduce, display, distribute and resell all logos, skins and designs uploaded to the site by you (“Uploaded Design Content”), and you hereby covenant not to sue Spot On Agility, any of its affiliates or agents or any other subscriber/user with respect to such Uploaded Design Content.

 

Copyright

The Site and the Content are protected by U.S. and/or foreign copyright laws, and belong to Spot On Agility or its partners, affiliates, contributors or third parties. The copyrights in the Content are owned by Spot On Agility or other copyright owners who have authorized their use on the Site. You may download and reprint Content for non-commercial, non-public, personal use only.

 

Trademarks

You are prohibited from using any of the marks or logos appearing throughout the Site without permission from the trademark owner, except as permitted by applicable law.

 

Links to Third-Party Web Sites

Links on the Site to third party web sites or information are provided solely as a convenience to you. If you use these links, you will leave the Site and will be subject to the terms of use and privacy policy applicable to those web sites. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Spot On Agility of the third party, the third-party web site, or the information contained therein. Spot On Agility is not responsible for the availability of any such web sites. Spot On Agility is not responsible or liable for any such web site or the content thereon.

 

Linking to this Site

If you would like to link to the Site, you must send a courtesy e-mail. Unless specifically authorized by Spot On Agility, you may not connect “deep links” to the Site, i.e, create links to this site that bypass the home page or other parts of the Site. You may not mirror or frame the home page or any other pages of this Site on any other web site or web page.

 

Indemnification and Limited Liability

You understand and agree that you are personally responsible for your behavior on the Site. You agree to defend, indemnify and hold Spot On Agility, its parent companies, subsidiaries, affiliates, joint venturers, business partners, licensors, successors and assigns, and their respective, shareholders, directors, officers, employees and agents harmless from and against any and all claims, damages, losses, costs and expenses, including, but not limited to, attorneys’ fees, arising from or related to your use of the site.

Spot On Agility shall not be liable for direct, indirect, incidental, consequential, exemplary, reliance or special damages for harm to business, lost profits, lost savings or lost revenues, whether or not Spot On Agility has been advised of the possibility of such damages.

Spot On Agility shall not be liable for any damage that you may suffer arising out of your use, misuse, or inability to use, the service, the Content, or products provided hereunder.  Spot On Agility shall not be liable for unauthorized access by third parties to your transmission facilities or premise equipment or for unauthorized access to or alteration, theft, loss or destruction of your network, systems, applications, data files, programs, procedures, or information through accident, fraudulent means or devices, or any other method.  These limitations of liability shall apply regardless of the form of action, whether in contract, or tort, and shall survive failure of an exclusive remedy.

 

User Supplied Information – Subscriber/User Comments, Feedback and Submissions

Spot On Agility does not want to receive confidential or proprietary information from you via the Site. You agree that any material, information, or data you transmit to us or post to the Site (each a “Submission or collectively “Submissions”) will be considered non confidential and non proprietary. For all Submissions, (1) you guarantee to us that you have the legal right to post the Submission and that it will not violate any law or the rights of any person or entity, and (2) you give Spot On Agility the royalty-free, irrevocable, perpetual, worldwide right to use, distribute, display and create derivative works from the Submission, in any and all media, in any manner, in whole or in part, without any restriction or responsibilities to you, and (3) you agree that no Comments or Uploaded Design Content or other submission provided by you to the site will be or contain libelous or otherwise unlawful, abusive or obscene material.

You are and shall remain solely responsible for any Comments or Uploaded Design Content you make, and you hereby covenant not to sue Spot On Agility, any of its affiliates or agents or any other subscriber/user with respect to any Comments made by you, Spot On Agility or any other subscriber/user, and (4) you further agree that Spot On Agility is not, in any way, obligated to actively monitor the site for objectionable or offensive or unlawful comments or uploaded design content, and you hereby hold harmless and covenant not to sue Spot On Agility, its parent companies, subsidiaries, affiliates, joint venturers, business partners, licensors, successors and assigns, and their respective, shareholders, directors, officers, employees and agents with respect to any comments made by you or others and Spot On Agility shall have no liability therefore whatsoever.

If such offensive, objectionable or unlawful comments are made known to Spot On Agility by you, SpotOnAgility.com will endeavor to evaluate such comments and, in the exercise of its sole discretion, remove such comments if necessary.

 

Password Security

If you register to become a Spot On Agility member, you are responsible for maintaining the confidentiality of your member identification and password information, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your member identification and password.

 

Change in Terms

We may from time to time change the rules that govern your use of the site. Spot On Agility shall have the right at any time, without providing individual notice, to change, modify, add or delete any terms or conditions that apply to your use of the site (“Changed Terms”). The Changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to posting the Changed Terms on the site, or by electronic or conventional mail, or by any other means which adequately provide notice thereof. Any use of the site by you after such notice shall be deemed to constitute acceptance by you of the Changed Terms.

 

Local Laws and Taxes

You are solely responsible for abiding by all applicable local, national and governmental rules and regulations, including international and import/export laws, that may apply to you. Your use of the site shall be in accordance with these laws. You are responsible for all sales, use, goods and services, value added, and/or excise taxes that may be attributed to any transaction conducted using the site and escrow services, except for taxes based on Spot On Agility’s income. You are responsible for all import/export fees, duties and/or licenses as may be required by the relevant governmental authorities. You are responsible for supplying any restrictive legends or notices (e.g. copyright notices) and for properly attributing trademarks, service marks, logos and other propriety rights to their respective owners.

 

Termination

This Agreement is effective unless and until terminated by either you or Spot On Agility. Your continued use of the site constitutes your adherence to the terms of this Agreement. Either party may terminate this Agreement at any time. Upon any termination of this Agreement (1) you shall not be authorized to access the site or use any of the Content, (2) Spot On Agility may without notice deny your access to the site, and (3) you must promptly destroy all materials downloaded or otherwise obtained from the site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise. The sections entitled Intellectual Property, subscriber/user Comments, Feedback and Submissions, Disclaimer of Warranty, Indemnification and Limited Liability, and Miscellaneous shall survive termination.

 

Privacy

Please click HERE to view our Privacy Policy.

 

General Provisions

Unless otherwise specified, this site and the Contents thereof are displayed solely for the purpose of promoting Spot On Agility’s products and services. This site is controlled and operated by Spot On Agility from its offices in Washington State.

We may change, move or delete portions of, or may add to, the site from time to time, including, but not limited to, content, hours of availability, and equipment and/or software needed for access or use.

 

Correction of Errors and Inaccuracies

The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Spot On Agility therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Spot On Agility does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.

 

Entire Agreement/No Waiver

These Terms of Use constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by Spot On Agility of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

Enforcement/ Choice of Law/ Choice of Forum

If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Spot On Agility’s Privacy Policy, your use of the Site, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State in which Spot On Agility’s headquarters is physically located (currently State of Florida), without regard to any conflict of laws provisions.

If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees.

The section headings used herein are for convenience only and shall not be given any legal import.

 

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