TERMS AND CONDITIONS

I. AGREEMENT TO TERMS

IMPORTANT! These terms and conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,” “owner,” or “client”) and Dog Gone Smarter LLC (“Company,” “we,” “us,” or “our”), concerning your access to and use of the Dog Gone Smarter website and/or any of our services, as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected to it (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all these Terms and Conditions. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR OUR SERVICES AND YOU MUST DISCONTINUE USE IMMEDIATELY.

By enrolling, purchasing, scheduling, or otherwise agreeing to participate in a behavioral evaluation or consultation or any form of dog training services on behalf of Dog Gone Smarter LLC, you agree to these Terms and Conditions, as well as Dog Gone Smarter LLC’s Privacy Policy and Disclaimer, which are incorporated herein by reference and can be viewed at the links provided here or linked at DogGoneSmarter.com.

BY PURCHASING OR SCHEDULING A BEHAVIORAL EVALUATION, CONSULTATION, TRAINING, OR ANY SERVICES PROVIDED BY US, YOU, THE PARTICIPANT, REPRESENT THAT YOU ARE THE LEGAL OWNER OF THE NAMED PET. YOU ARE AWARE THAT PARTICIPATION IN ANY DOG TRAINING MAY RESULT IN ILLNESS, INJURY, DEATH TO YOU OR THE NAMED PET, AND/OR ESCAPE OF THE NAMED PET. YOU AGREE YOU ARE AWARE OF THESE RISKS AND DANGERS AND ASSUME ALL RESPONSIBILITY FOR THEM. In addition, you assume full responsibility for damages and injuries (i) to the named pet, (ii) caused directly or indirectly by the named pet, and/or (iii) to other individuals or pets that are connected with a Dog Gone Smarter LLC dog training session, consultation or behavioral evaluation, regardless of location.

To the extent you are participating in a Dog Gone Smarter LLC training session, consultation, or behavioral evaluation, you consent to the photography, videotaping, and audio- and video-recording of such sessions, and our display, replay, release, publication, exhibition, or reproduction of such content including images or recordings of you and/or your pet, if applicable, and for the same to be used by us on a perpetual, irrevocable, worldwide and nonexclusive basis, in its sole discretion, including but not limited to for promotional purposes and inclusion on websites, books, ebooks, mobile applications, social media, and other uses not explicitly cited here. You expressly release us from any liability connected with the taking, recording, digitizing, or publication and use of photographs, video, and/or audio recordings. You also waive the right to inspect or approve any photo, video, or recording we took.

If any participant is under 18 years old, the parent or legal guardian must remain present during the entire training session. In addition, if the participant is under 18 years old, you, the undersigned, represent and affirm that you are the parent or legal guardian of the participant, and you at this moment consent and give your permission to all the provisions of these Terms and Conditions, including but not limited to the indemnity and release contained herein, for yourself as the responsible party, and on behalf of the participant.

You, for yourself, your heirs, executors, administrators, and assigns, at this moment release and agree to indemnify, defend, and hold harmless (collectively, “indemnify”) Dog Gone Smarter LLC and its respective officers, directors, employees, agents, and assigns (collectively, the “Released Parties”) from any actions, suits, damages, claims, losses, and demands of any kind, which you, your heirs, executors, administrators, and assigns had, now have or hereafter may have because of any matter arising from or in connection with you and the named pet’s participation in any Dog Gone Smarter LLC dog training sessions, or behavioral evaluation or consultation, including without limitation any illness, injury, accident, death or damage to person or property, except to the extent any such losses are directly attributable to the Released Parties’ willful misconduct or gross negligence.

In executing this release, you agree you intend to expressly waive any rights and benefits conferred upon you by the provisions of Section 1542 of the California Civil Code (or any similar state statute), which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

Supplemental terms and conditions or documents that may be posted on the Site from time to time are expressly incorporated herein by reference. In our sole discretion, we reserve the right to change or modify these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms and Conditions, and you waive any right to receive specific notice of each such change. Please ensure that you check the applicable Terms and Conditions every time you use our Site or our services so that you understand which Terms and Conditions apply. You will be subject to and will be deemed to have been made aware of and accepted the changes in any revised Terms and Conditions by your continual use of the Site or services after the date such revised Terms and Conditions are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement with such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Consent to Postal Mail, Emails and Text Messages. 
By accessing our Site, scheduling, or purchasing services from Dog Gone Smarter LLC, you represent that you are the owner of the email address, mobile phone number, and/or other alias you provided or that you have the delegated legal authority to act on behalf of the owner of such email address, mobile phone number, and/or other alias to send or receive money. 
You consent to receive postal mail, emails, or text messages from us and may opt out of these communications by sending a written request to the address listed at the end of these terms and conditions.

II. INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. 

III. USER REPRESENTATION

By using the Site, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these Terms of Use; (2) you are not a minor in the jurisdiction in which you reside; (3) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (4) you will not use the Site for any illegal or unauthorized purpose; and (5) your use of the Site will not violate any applicable law or regulation. Suppose you provide any information that is untrue, inaccurate, not current, or incomplete. In that case, we have the right to suspend or terminate your account and refuse any existing or future use of the Site (or any portion thereof). 

IV. PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used for any commercial endeavors except those we endorse or approve. 

As a user of the Site, you agree not to: 

  • Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
  • Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.  
  • Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.  
  • Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
  • Use any information from the Site to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the Site in a manner inconsistent with applicable laws or regulations. 
  • Engage in unauthorized framing of or linking to the Site.
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
  • Engage in any automated system use, such as scripts to send comments or messages or using data mining, robots, or similar data gathering and extraction tools.
  • Delete the copyright or other proprietary rights notice from any Content. 
  • Attempt to impersonate another user or person or use the username of another user.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including, without limitation, graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
  • Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site or any portion of the Site.
  • Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Use a buying or purchasing agent to make purchases on the Site.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means to send unsolicited emails or create user accounts by automated means or under false pretenses.
  • Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise. 

V. USER GENERATED CONTRIBUTIONS

The Site does not allow users to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other Site users and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Site Privacy Policy. When you create or make available any Contributions, you thereby represent and warrant that:

  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party. 
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
  • You have the written consent, release, and/or permission of every identifiable person in your Contributions to use the name or likeness of every such identifiable particular person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms and Conditions.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, defamatory, or otherwise objectionable (as determined by us).
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person or to promote violence against a specific person or class of people.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • Your Contributions do not violate any third party’s privacy or publicity rights.
  • Your Contributions do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include offensive comments connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions do not otherwise violate or link to material that infringes any provision of these Terms of Use or applicable law or regulation. 

Any use of the Site in violation of the preceding violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and our services.

VI. CONTRIBUTION LICENSE

You agree that we may access, store, process, and use any information and personal data you provide following our Privacy Policy’s terms and your choices (including settings). 

By submitting suggestions or other feedback regarding the Site, you agree that we can use and share such feedback for any purpose without compensation. We do not assert any ownership over your Contributions. You retain full ownership of all your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site, and you expressly agree to exonerate us from any responsibility and to refrain from any legal action against us regarding your Contributions. 

VII. SUBMISSIONS

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) you provided are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights. We shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You at this moment waive all moral rights to any such Submissions, and you at this moment warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions. 

VIII. SITE MANAGEMENT

We reserve the right, but not the obligation, to (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems, and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site. 

IX. TERMS AND TERMINATION

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE ANY CONTENT OR INFORMATION YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION. 

Suppose we terminate or suspend your account for any reason. In that case, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including pursuing civil, criminal, and injunctive redress without limitation. 

X. MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the Site’s contents at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without your notice. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith. 

XI. GOVERNING LAW

These Terms shall be governed by and defined following the laws of the State of Oregon. You irrevocably consent that the courts of Washington County shall have exclusive jurisdiction to resolve any dispute that may arise in connection with these terms.

XII. DISPUTE RESOLUTION

Binding Arbitration 

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be two. The seat, or legal place, of arbitration shall be two. The language of the proceedings shall be English. The contract’s governing law shall be the substantive law of the State of Oregon.

Restrictions 

The Parties agree that arbitration shall be limited to the Dispute between the Parties. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. 

Exceptions to Arbitration 

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. Suppose this provision is found to be illegal or unenforceable. In that case, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be unlawful or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court. 

XIII. CORRECTIONS

There may be information on the Site containing typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time without prior notice. 

XIV. DISCLAIMER

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE. WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. 

XV. LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, INJURY, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE OR OUR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US OR $10 USD. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. 

XVI. INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Site; (2) breach of these Terms of Use; (3) any breach of your representations and warranties outlined in these Terms of Use; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the preceding, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding that is subject to this indemnification upon becoming aware of it. 

XVII. USER DATA

We will maintain specific data that you transmit to the Site to manage the performance of the Site, as well as data relating to your use of the Site. Although we perform routine data backups, you are solely responsible for all data you transmit or links to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you now waive any right of action against us arising from any such loss or corruption of such data. 

XVIII. ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email, and on the Site satisfy any legal requirement that such communication be in writing. YOU, AT THIS MOMENT, AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS AND ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You, at this moment, waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic means. 

XIX. MISCELLANEOUS

These Terms and Conditions and any policies or operating rules posted by us on or concerning the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These Terms and Conditions are used to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. Suppose any provision or part of these Terms of Use is deemed unlawful, void, or unenforceable. In that case, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us due to these Terms and Conditions or use of the Site. You agree that these Terms and Conditions will not be construed against us by having drafted them. At this moment, you waive any defenses you may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions. 

XX. REFUND / CANCELLATION POLICY

ALL SALES AND SERVICE FEES ARE FINAL AND NON-REFUNDABLE.

If a client desires to reschedule their service appointment for a different time or date, a service appointment is transferable to another available appointment with Dog Gone Smarter LLC. Your rescheduled appointment must occur within three months from the original date.

CANCELLATION POLICY:
Cancellations must be made 24 hours before the appointment, or the client may incur the total session cost and void eligibility for LIFETIME REFRESHERS.

XXI. LIFETIME REFRESHERS

Lifetime Refreshers are only available to those owners who purchase and successfully complete one of our eligible Dog Gone Smarter LLC training packages.  A training package must include at least 12 training sessions to qualify for Lifetime Refreshers. 

To qualify for Lifetime Refreshers, an owner must: 1) pay for training in total and complete all training sessions included in the training package; 2) continue to carry out all of the training instructions provided by the trainer and/or behaviorist during the training sessions.

Lifetime Refreshers are limited to one training session per calendar quarter per training package. This amounts to a total of four training sessions per year. Lifetime Refresher sessions are designed to cover only training and skills covered within the training package purchased by the owner.

Lifetime Refreshers will be conducted at the location determined by Dog Gone Smarter LLC. Additional training sessions beyond one per calendar quarter may be provided at no charge, solely at the discretion of Dog Gone Smarter LLC. Lifetime Refreshers apply exclusively to the owner’s dog enrolled initially in the training when the package was purchased. If more than one dog were trained in a single training package, the additional dogs would share the sessions intended for one dog.

XXII. CONTACT US

To resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please get in touch with us in writing at: 

Dog Gone Smarter LLC
2822 NE Adagio Way
Hillsboro, OR 97124

Phone: 503-308-4838

Last updated October 17, 2023

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