Terms of Use
BY ORDERING THE PRODUCTS AND SERVICES BEING SOLD FROM
THIS SITE, YOU CONSENT TO BE BOUND BY THIS AGREEMENT.
SUBJECT TO PAYMENT OF APPLICABLE FEES AND TO THE TERMS AND CONDITIONS
OF THIS AGREEMENT, Dog Training Insitute, THE OWNER OF THIS WEBSITE, GRANTS
YOU A NON-EXCLUSIVE, NON-TRANSFERABLE, LIMITED LICENSE TO USE THE Flea Fixer IN THE MANNER DESCRIBED BELOW UNDER "SCOPE OF GRANT".
I. SCOPE OF GRANT
YOU MAY ONLY:
Use Flea Fixer by yourself;
YOU MAY NOT:
Permit or provide the opportunity to other individuals to use the Flea Fixer;
Permit concurrent use of the Flea Fixer;
Create derivative works based on the Flea Fixer;
Sell, rent, lease, grant a security interest in, sublicense, distribute
or otherwise transfer rights to the Flea Fixer; or
Remove any proprietary notices or labels on the Flea Fixer; or
I I. PROPRIETARY RIGHTS
You acknowledge and agree that, other than the license granted to you
in this Agreement, the copyright, patent, trade secret, and all other
intellectual property and proprietary rights of whatever nature of the
Flea Fixer, are and shall remain the property of Dog Training
Institute.
III. OUR POLICIES
Dog Training Institute warrants that for 60 days following your purchase
of the Flea Fixer, the Flea Fixer will perform to your
satisfaction. You may notify Dog Training Institute of any breach of the
foregoing warranty during the 60 day warranty period. As your sole remedy
and Dog Training Institute's sole liability for breach of the foregoing
warranty, Dog Training Institute will terminate this agreement and refund
to you all license fees you have paid for the Flea Fixer until
that date to Dog Training Institute.
All refund requests need to be made through postal mail to Dog Training
Institute's post-sales customer service office, the address of which can
be obtained by sending an email to [email protected].
Any refund or cancellation requests made to any other email address, or
through phone or fax will not be accepted, honored or replied to, under
any circumstances. Refund or cancellation requests made to [email protected]
will receive a response containing the post-sales customer service office
of Dog Training Institute's office, but the refund or cancellation request
will only be accepted after you send the written refund or cancellation
request by post to the post-sales customer service office of Dog Training
Institute.
No refunds will be issued without return of the Flea Fixer. Returns
must be made by post to the post-sales customer service office of Dog
Training Institute.
No refunds would be issued under any circumstances if the written refund
request has not reached Dog Training Institute's post-sales customer service
office within 60 days from the date that you purchase the Flea Fixer.
Except as provided in section III (a) above, the Flea Fixer and the services (as defined in section III
below) are provided to you "as-is", without warranty of any
kind. Dog Training Institute expressly disclaims all warranties, express,
implied or statutory, including without limitation, the warranties of
merchantability, fitness for a particular purpose and against infringement.
IV. INDEMNITY
You agree to indemnify and defend Dog Training Institute, at your expense,
against any claim or action brought against Dog Training Institute arising
out of or related to
your use of the Flea Fixer, except to the extent covered by Dog Training
Institute in this agreement or in any documentation or book that accompanies
the Flea Fixer; or
your violation of any terms of this Agreement.
V. TERMINATION
This Agreement and the license granted herein shall remain in effect perpetually
as long as you continue to use Flea Fixer. However, this Agreement and
the license will terminate automatically and immediately if you fail to
comply with the terms and conditions described herein or if you ask for
a refund as provided in Section III of this Agreement.
Upon termination of this Agreement, you shall stop using Flea Fixer. Furthermore,
upon termination of this agreement, you are required to return the Flea
Fixer to Dog Training Institute immediately.
VI. COMPLIANCE WITH LAWS; EXPORT CONTROLS
No part of the Flea Fixer or its underlying information or technology
may be exported or re-exported in violation of applicable export control
laws, rules and regulations of any country ("Export Control Laws").
By using the Flea Fixer, you agree to the foregoing and you represent
and warrant that you will comply with all applicable laws, rules and regulations,
including without limitation Export Control Laws.
VII. LIMITATION OF LIABILITY
Dog Training Institute SHALL HAVE NO LIABILITY ARISING UNDER OR RELATED
TO THIS AGREEMENT OR YOUR USE OR INABILITY TO USE THE Flea Fixer FOR CONSEQUENTIAL,
EXEMPLARY, SPECIAL, INCIDENTAL OR INDIRECT DAMAGES, EVEN IF IT HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, THE LIABILITY
OF Dog Training Institute TO YOU FOR ANY REASON, REGARDLESS OF THE CAUSE
OF ACTION, SHALL BE LIMITED TO AN AMOUNT EQUAL TO THE AMOUNT PAID BY YOU
TO Dog Training Institute FOR THE Flea Fixer UNDER THIS AGREEMENT. THE
PRICE OF THE Flea Fixer HEREIN REFLECTS, AND IS SET IN RELIANCE UPON,
THIS ALLOCATION OF RISK AND THE EXCLUSION OF CONSEQUENTIAL DAMAGES SET
FORTH IN THIS AGREEMENT.
VIII. THIRD PARTY SITES
The Flea Fixer will direct you to external sites on the World Wide Web.
Dog Training Institute is not responsible for any data or other information
available from any third party website and you acknowledge that Dog Training
Institute shall have no liability to you for any damage or loss arising
from the access to, use of, or reliance on such data or information. You
shall be solely responsible for complying with any and all terms or conditions
imposed by a third party on its website.
IX. FEES AND PAYMENT
Your use of the Flea Fixer and the Services is subject to your prior payment
of all applicable fees including shipping and handling (collectively,
"Fees"). Fees and payment information set forth on this website
at the time that you purchased the Flea Fixer are incorporated herein
by this reference. You are responsible for any and all taxes and duties
based on the transactions contemplated hereunder. Upon receipt of payment
of the Fees, Dog Training Institute will ship the Flea Fixer within a
reasonable time.
X. YOUR INFORMATION
In order to use the Flea Fixer, Dog Training Institute requires that you
provide certain personal information, such as payment information, name
and address. You agree to:
provide true, accurate, current and complete information about you as
prompted by the applicable forms, and
maintain and promptly update the information. If you provide any information
that is false, inaccurate, not current or incomplete, or Dog Training
Institute has reasonable grounds to suspect that such information is false,
inaccurate, not current or incomplete, Dog Training Institute reserves
the right to refuse to ship you the Flea Fixer. Dog Training Institute
reserves the right to send you occasional emails containing tips for using
the Flea Fixer, or special offers.
XI. MISCELLANEOUS
This Agreement shall be governed by the laws of the State of West Bengal
in India. Exclusive jurisdiction and venue for any dispute arising out
of or related to this Agreement shall be in the courts serving the city
of Kolkata in West Bengal, India. This page represents the complete agreement
between Dog Training Institute and you concerning the subject matter of
this Agreement and supersedes all prior and contemporaneous understandings
and agreements between the parties concerning the subject matter of this
Agreement. This Agreement may be amended only by a writing executed by
both parties. No delay or failure by Dog Training Institute to act in
the event of a breach or default hereunder shall be construed as a waiver
of that or any succeeding breach or waiver of the provision itself. You
may not assign, transfer, delegate or sublicense your rights, duties or
obligations under this Agreement, in whole or in part without Dog Training
Institute's prior written consent. Any attempted assignment in violation
of this Section shall be void. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be reformed only
to the extent necessary to make it valid or enforceable, and the remainder
of this Agreement shall not be affected.
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