Terms & Conditions
1. Terms of Service
Last updated: Aug 19, 2023 12:19 PM
Please read this Terms of Service (“Terms,” “Terms of Service”) carefully before using the www.wayoflifedogtraining.com website (the “Website”) operated by Way of Life Dog Training, a(n) Sole Proprietorship formed in Ontario, Canada (“us,” “we,” “our”) as this Terms of Service contains important information regarding limitations of our liability. Your access to and use of this Website is conditional upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, you agree to be bound by these Terms. If you disagree with any part of the Terms, then you do not have our permission to access or use the Website.
2. Our offers and pricing
We offer services and digital products on this Website in accordance with these Terms of Service. The price of these services and digital products is customized based on your needs, which means that we will provide you with a quote after we determine your needs. This price does not include taxes or other fees that you may be charged. The products and services are available only in jurisdictions where they may be legally provided.
When you make a purchase on the Website, you will be using a third party payment processor, Stripe, that will collect your payment information and process your payment. We are not responsible for the collection, use, sharing or security of your billing information by Stripe. The following payment method(s) are accepted by the third party payment processor: American Express, bank transfer, cash, check, MasterCard, and Visa.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
4. Cancellation policy
We offer cancellations on purchases made of the services and digital products offered on our Website. We offer cancellations only prior to download and prior to performance of the service. You may cancel your order by contacting us. You will not be charged a cancellation fee if you cancel your purchase in accordance with the instructions above. We will issue you a refund of the full purchase price that you paid if you cancel your purchase.
We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.
We will issue you a refund of the full purchase price that you paid if we cancel your purchase.
5. Refund policy
We do not offer refunds on any purchases made on this Website.
6. NO WARRANTY ON PURCHASES
THE ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE ARE PROVIDED “AS IS,” NO WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO ANY ITEMS OR SERVICES DISPLAYED OR SOLD ON THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE.
You agree that the remedies for breach of this Terms of Service as it relates to your purchase shall be:
- price reduction.
You also agree that the remedy for breach of this Terms of Service as it relates to your purchase shall be to pursue dispute resolution as provided in the “governing law, severability, dispute resolution, venue and class action waiver” section below. These remedies intended to be your sole and exclusive remedies for any breach of this Terms of Service as it relates to your purchase.
8. Use and Prohibited Uses.
You may only use this website if you are legally able to form a binding contract in Canada. By using the Website, you represent and warrant that you are of majority under applicable law. If you are using the Website on behalf of corporation, you represent and warrant that you are authorized to do so. You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at the Website, including without limitation cooperating with law enforcement authorities in investigating suspected criminal violations.
The following is a non-exhaustive list of prohibited uses of this Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate Way of Life Dog Training or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Upload any contents to the Website that is exploitative, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Website’s sole discretion; and
- Using the Website in any way that violates any applicable province, territory, state or country laws, rules or regulations.
9. Termination of Use
Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on the Website immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Website. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
10. NO WARRANTY ON WEBSITE
THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY, EXPRESS OR IMPLIED (INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, OF SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR USE) SHALL APPLY TO THIS WEBSITE, WHETHER ARISING BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE OR OTHERWISE. WE MAKE NO WARRANTY THAT (A) THE WEBSITE AND MATERIALS WILL MEET YOUR REQUIREMENTS OR BE FIT FOR YOUR PURPOSE OR PARTICULAR USE, (B) YOUR USE OF OR ACCESS TO THE SITE AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, WEBSITE, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE WEBSITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS; OR (E) THAT THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
THE WEBSITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE WEBSITE AND THE MATERIALS ON THE SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE WEBSITE OR THE MATERIALS ON THE SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE THE SITE OR SUCH MATERIALS.
THE WEBSITE COULD INCLUDE BUGS, VIRUSES, TROJAN HORSES, OR OTHER DAMAGING OR MALICIOUS COMPUTER PROGRAMS OR SOFTWARE, AND THE WEBSITE PROVIDED COULD BE INTERRUPTED OR CEASED FROM TIME TO TIME. THE USE OF THE SITE OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH THREATS OR ACTIVITIES.
11. Availability, errors and inaccuracies
We assume no liability for the contents or materials on the Website including the availability, errors or inaccuracies of the information, products or services. We do not make any guarantees or promise specific results from use of the Website. The material provided on the Website is provided solely for general information purposes and does not constitute professional advice of any nature and does not constitute an offer to buy or sell any goods or services. You shall have sole responsibility for the accuracy, currency, quality, integrity, legality, reliability and appropriateness of any data you provide to use through the Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us. We shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store, monitor or transmit any data or for any or adequate storage, archival or back-up procedures on your behalf.
12. INDEMNITY AND LIMITATION OF LIABILITY
IN NO EVENT SHALL WAY OF LIFE DOG TRAINING BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, RELATING TO OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEBSITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEBSITE, INCLUDING BUT NOT LIMITED TO YOUR RELIANCE UPON OPINIONS OR INFORMATION APPEARING ON THIS WEBSITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED WEBSITES OPERATED BY THIRD PARTIES, PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, CONSUMER PROTECTION STATUTES OR OTHERWISE, EVEN IF WAY OF LIFE DOG TRAINING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US AND OUR AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING SOLICITOR-CLIENT COSTS ON A FULL INDEMNITY BASIS, THAT ARISE FROM YOUR USE OR MISUSE OF THE SITE, YOUR VIOLATION OF ANY OF THE TERMS, YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING, WITHOUT LIMITATION, ANY INTELLECTUAL PROPERTY OR PRIVACY RIGHT, OR ANY CLAIM THAT YOUR CONTENT CAUSED DAMAGE TO A THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS AND YOUR USE OF THE SITE.
13. Links to third party websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
14. Intellectual property and DMCA notice and procedure for intellectual property infringement claims
All contents of this Website are ©2020 – 2023 Way of Life Dog Training or third parties. All rights reserved. Unless specified otherwise, this Website and all content and other materials on this Website including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files and arrangement thereof (collectively, “Content”) are the proprietary property of Way of Life Dog Training and are either registered trademarks, trademarks or otherwise protected intellectual property of Way of Life Dog Training or third parties in Canada and/or other countries. You may not copy, reproduce, modify, republish, upload, post, transmit, sell, license, distribute, or otherwise use any documents or information from the Website without prior written permission from us and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on the Website. Any unauthorized use of the materials appearing on the Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
If you are aware of a potential infringement of our intellectual property, please contact Souha Ezzedeen at email@example.com.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Website infringes on the copyright, trademark or other intellectual property rights of any person or entity.
If you believe in good faith that the Content infringes on your intellectual property rights, you or your agent may send us a written notice of such infringement titled “Infringement of Intellectual Property Rights – DMCA.” Your notice to us must include the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the intellectual property right’s interest;
- A description of the work that you claim has been infringed, including the URL (i.e., web page address) of the location where the work exists or a copy of the work;
- Your name, email, address and telephone number; and
- A statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the work, its agent or the law.
Please note that we will not process your complaint if it is not properly filled out or is incomplete. You may be held accountable for damages, including but not limited to costs and attorneys’ fees for any misrepresentation or bad faith claims regarding the infringement of your intellectual property rights by the Content on this Website.
You may submit your claim to us by contacting us at:
Way of Life Dog Training
7030 Woodbine Ave
Markham ON L3R6G2 Canada
15. Industry or trade code of conduct
We subscribe to the Canadian Association of Professional Dog Trainers, which can be found at the following link: https://capdt.ca/about-capdt/.
17. Governing law, severability, dispute resolution and venue
These Terms shall be governed and construed in accordance with the laws of Ontario, Canada, without regard to its conflict of laws provisions. THESE TERMS SHALL NOT BE GOVERNED BY THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE SALE OF INTERNATIONAL GOODS, THE UNIFORM COMMERCIAL CODE, NOR INCOTERMS.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of that right or provision. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between you and us regarding our Website, and supersede and replace any prior agreements we might have had with you regarding the Website.
Any controversy or claim arising out of or relating to these Terms including but not limited to the interpretation or breach thereof shall be resolved in a court of competent jurisdiction in Ontario, Canada.
You may not assign your rights and obligations under these Terms to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under these Terms.
19. Changes to Terms of Service
We reserve the right to make changes to these Terms of Service and the Website at any time, including at our sole discretion to discontinue the Website. We will not be liable to you or any third party if we exercise such right. We will not provide you with any notice when we make changes to this Terms of Service. You agree to periodically review these Terms of Service to be aware of any such modifications.
The parties have expressly required that these Terms of Service and any communications hereunder be drafted in the English language. Les parties ont expressément exigé que les présentes Conditions d’Utilisation et toute communication en vertu des présentes soient rédigées en langue anglais.
If you have any questions about our Terms of Service, please contact us at firstname.lastname@example.org.