Terms and Conditions

Welcome to Dog Academy!

DogAcademy.org is owned and operated by Dog Academy, LLC (“Dog Academy”, “we”, “us” or “our”). These terms and conditions of service (“Terms”) govern your access and use of Dog Academy websites, dog training courses and programs, mobile applications, community forums, and other content, features, products or services we may offer, as well as your purchase of any items or services through our websites or other platforms, all of which we refer to collectively as “Services”. These Terms also include our Privacy Policy, available at dogacademy.org/privacy, which describes how we collect, use, and share your personal information when using the Services, and our Refund Policy, available at dogacademy.org/refund-policy. Certain Services may require the acceptance of additional terms and conditions specific to that Service, and, if applicable, these Terms will include such additional terms and conditions.

By ACCESSING, using, or purchasing any of our Services, you agree to be bound by these Terms. Please read them carefully. These Terms LIMIT OUR LIABILITY TO YOU. If you do not agree to these Terms, you may not ACCESS, use, or purchase any of our Services.

We may modify these Terms and our Privacy Policy and Refund Policy from time to time. When material changes are made, we will notify you by email or through the Services, and give you time to review them. If you disagree with the changes, please close your account and stop using the Services. Continuing to use the Services after changes take effect constitutes your acceptance of the revised Terms.

If you have any questions about these Terms, please send us an email at legal@dogacademy.org.

1. Consent to Receive Calls, Texts, and Other Communications

You expressly consent to receive communications from Dog Academy, and our partners and affiliates, including telephone calls, text messages, emails, and push notifications to any phone number, email, or other contact that you provide us. You agree that:

Phone calls and text messages may be sent using an automatic telephone dialing system or other technology, and contain artificial or prerecorded voice messages.
Calls and texts may be made to your mobile number even if it is registered on a state or federal Do Not Call list.
These communications may serve various business purposes such as advertising, marketing, customer service, transaction processing, account updates and management, and debt collection.
Granting consent to receive these communications is not a condition or requirement for purchasing any products or services from us.

The frequency of communications from us may vary, and we may increase or decrease this frequency at any time. Your carrier's standard charges, data rates, and other fees will apply to any texts or calls made to mobile numbers. Not all mobile devices may be supported and messages may not be deliverable in all areas. Dog Academy is not liable for any delayed or undelivered messages.

OptingOut

You may unsubscribe from email communications by following the “unsubscribe” link contained in our email and following the instructions to complete the unsubscribe process. You may opt-out of receiving texts from us by replying “STOP” to any message you receive. You may opt-out of receiving calls from Dog Academy by communicating a Do Not Call request to our representative before hanging up, or by calling our customer service at (605) 223-1971.

You acknowledge that opting out of communications may negatively impact your use of the Services, and that, after opting-out, Dog Academy may still send you essential communications about your account and the Services, including information about products purchased by you, or services you provide to others. In addition, we may cease communications to you if we believe that your phone number has been reassigned, or you no longer wish to receive or are able to receive communications from us.

Call Monitoring and Recording

You agree that all telephone conversations between you and Dog Academy or our partners and affiliates, or between you and other users when made through the Services, may be monitored and recorded for quality assurance and training purposes.

Text Messaging Service

Dog Academy may operate a text messaging service (“Text Messaging Service”) where we deliver recurring SMS/text messages to you about our products and services. You may enroll by providing us your mobile phone number, sending messages or key words to our short code or phone number, or otherwise opting-in to the Text Messaging Service.

By enrolling, you agree to receive recurring text messages from and on behalf of Dog Academy through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to enroll in the Text Messaging Service in order to make any purchases, and your consent to the Text Messaging Service is not a condition of any purchase with Dog Academy. Your participation in the Text Messaging Service is completely voluntary.

We do not charge for the Text Messaging Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Text Messaging Service at any time. Text the single keyword command STOP to +18559995121, or reply STOP to a text, or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Dog Academy mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Text Messaging Service support or assistance, text HELP to +18559995121 or email support@dogacademy.org.

We may change any short code or telephone number we use to operate the Text Messaging Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Text Messaging Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Text Messaging Service, any errors in such information, or any action you may or may not take in reliance on the information or Text Messaging Service.

2. Contact Information and Notices

You represent that you are the authorized account holder for any telephone number or email address that you provide us for communicating with you. You also agree to keep your email address, phone number, and other contact information current.

Should we need to inform you about updates to these Terms or other important information about your account, we may communicate electronically to your current email address, or by sending a text to your phone number, or by providing notice through the Services. Such electronic communication will constitute written notice under these Terms. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communication be in writing.

3. Eligibility

You must be at least 18 years old to use the Services. We reserve the right to require you to prove that you are at least 18 years old. If you use the Services on behalf of a company or other third party, you agree that you are an authorized representative of such party and your use of the Services constitutes that third party's acceptance of these Terms. In addition, you may not use the Services if you have been prohibited by us from doing so.

4. Creating an Account

Certain Services are accessible only to users with an account. You agree to provide accurate, complete, and up-to-date information when creating an account and making purchases using the Services. You also agree to:

· Use a strong password

· Not share your account with others.

· Keep your account details confidential and information current.

Dog Academy is not responsible for any losses or damages resulting from your failure to safeguard your account information.

5. Subscriptions, Memberships, and Automatic Renewal

We may offer regularly recurring subscriptions for products and services, and recurring memberships for premium products and services (collectively, “Subscription”), and offers for promotional trial periods or discounts applicable to Subscriptions. If you purchase a Subscription, your payment method will automatically be charged at the start of each subscription period for the fees and taxes applicable to that period. ALL SUBSCRIPTIONS AUTOMATICALLY RENEW. BY ENROLLING, YOU AGREE THAT YOUR SUBSCRIPTION WILL RENEW AUTOMATICALLY AND CHARGES WILL CONTINUE UNTIL YOU CANCEL YOUR SUBSCRIPTION, OR YOUR SUBSCRIPTION IS TERMINATED OR SUSPENDED BY US, IN ACCORDANCE WITH THESE TERMS.

Cancelling Your Subscription

You may cancel your Subscription at any time by following the methods outlined below. To ensure you are not charged for the next billing cycle, you must request cancellation at least 14 days before the end of your current cycle.

· To cancel by phone, please call us at (605) 223-1971.

· To cancel online, go to dogacademy.org. Navigate to “Contact Us” “Send a Message”. Select “Cancel my membership” in the message header, and then send us your cancellation request by email.

6. Purchases and Payments

Accuracy of Information

By placing an order, you represent that you will only provide payment information which is either yours or which you are authorized to provide us to complete your order. We reserve the right to cancel any order or to suspend or terminate your account if we have grounds to believe that you have provided inaccurate, incomplete, or fraudulent information. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Descriptions and Pricing

When ordering products or services, please note that we do not guarantee the accuracy, completeness, or current status of product and service descriptions. Errors may arise in descriptions, prices, or other information. We reserve the right to discontinue any products and services, change specifications and prices, or introduce fees for parts of the Services previously offered at no charge, all without prior notice. Additionally, we may change pricing for goods and services at any time and introduce premium services in the future that may entail fees or additional charges.

Product Orders

All orders for products and services in connection with the Services are conditioned upon your acceptance of these Terms. We reserve the right to refuse or limit any orders, including quantities. Quantities of certain items may be limited and inventory cannot always be guaranteed. Dog Academy is not liable if shipments are delayed or certain items are unavailable. Orders for products delivered to you are non-cancellable once placed, however, we may grant or deny cancellation requests prior to shipment in our discretion. We reserve the right to provide substantially similar products and services to fulfill your order. Our products and services are for your individual, personal use only, and you agree not to resell, distribute, or broker any products or services purchased from us.

Refunds

Refunds for our products and services are subject to our Refund Policy, available at dogacademy.org/refund-policy.

Payment Authorization

You authorize us and any payment processor to charge your payment card for all purchases you make through the Services, including regularly for recurring Subscriptions that automatically renew. Your credit or debit card will be charged when your order is processed. We reserve the right to store and use the payment information you provide us in connection with this payment to provide better service to you should you wish to use our Services again in the future and to protect us from fraud and other losses. Completion of a payment transaction is contingent upon your provision of all necessary personal and purchase information.

Sales and Use Taxes

We may be required by law to collect sales or other similar taxes or fees, and we reserve the right to charge you for any sales tax that we believe we are required to pay or collect related to your purchase. Your purchase may also be subject to use or similar tax in your jurisdiction, and you are solely responsible for the payment of such use tax. If applicable to your order, shipping and handling charges will be added and appear as a separate charge. Title to and the risk of loss or damage of all products purchased and shipped shall pass to you at the time we deliver the products to any common carrier for shipment.

Promotional Codes

Dog Academy may occasionally offer promotional codes for discounts on selected purchases at our sole discretion. These codes are non-transferable and cannot be exchanged for cash, credit, or applied to past purchases, and no cash alternative is available. Promotional codes cannot be combined with other offers, discounts, or gift cards. Each promotional code must be redeemed by the date specified, if any, and cannot be replaced if lost. Customers are limited to using one promotional code per purchase. We reserve the right to terminate or modify any promotional program at our discretion at any time, and promotional codes are not valid where they are prohibited by law.

Credits

Promotional Credits. Dog Academy may occasionally provide credits to users in our sole discretion as a form of non-purchased credit that can be applied to certain Service transactions (“Promotional Credit”). Promotional Credits are not redeemable for cash and cannot be sold, traded, copied, or transferred. Promotional Credits will expire on a specified date, if provided. Dog Academy may revoke or change the terms applicable to Promotional Credits at any time, without prior notice to you.

Credits for Prepaid Services. Dog Academy may issue credits that correspond to amounts paid for specific services, such as virtual or in-person dog training sessions. These credits must be used within 24 months from the date of issuance unless applicable law at the time of your purchase requires a longer period. If a longer period is mandated, these credits will expire in accordance with such requirements.

Other Credits and Promotional Programs. Dog Academy may, at its sole discretion, introduce various credits and promotional programs from time to time. These may be connected to specific promotions, programs, or initiatives and are not treated the same as Promotional Credits or credits for prepaid services. Each type of credit or promotional program has unique terms and conditions that govern their use, and participants are subject to these specific terms. Dog Academy retains the right to modify, terminate, or discontinue any such credit or promotional program at its discretion, without prior notice or additional obligation to participants, except as mandated by applicable law.

7. Dog Training Services

The Services include a platform that enables dog owners and dog trainers to find and connect with each other to conduct dog training sessions, either virtually online or in-person in their local area. Trainers made available through the Services are independent service providers who determine in their own discretion how to provide dog training services based on their own experience and judgment. Dog Academy has no control over the conduct of trainers or owners, or any dogs involved in training sessions. Dog Academy makes no representations or warranties about the quality or effectiveness of the dog training services provided by dog trainers, or about your interactions and dealings with trainers, owners, or any other users of the Services.

Training sessions are for general dog training, behavior, and socialization, and not intended to provide veterinary, health or nutritional advice for your dog. Always seek the advice of a qualified veterinarian for any questions involving the health of your pet. Owners are solely responsible for any loss or damage resulting from reliance upon any information provided by trainers or made available through the Services.

For in-person training sessions, owners and trainers should arrange to meet in a safe, secure environment. We recommend beginning with virtual training sessions so owners and trainers can assess trainer compatibility and observe initial improvement in the dog's behavior. When planning in-person training sessions, trainers and owners should discuss and identify an appropriate location based on factors such as availability, safety, training goals, and the likelihood of distraction or negative encounters with other people or dogs. Owners are solely responsible for the actions of their dogs, and any damages, losses, or harm caused by their dogs during a training session.

YOU USE THE SERVICES AT YOUR OWN RISK. ALWAYS PRIORITIZE SAFETY WHEN TRAINING DOGS, AND AVOID ACTIONS THAT COULD ENDANGER YOU OR OTHERS.

DOG ACADEMY DISCLAIMS ALL LIABILITY FOR (I) YOUR USE OF OR RELIANCE UPON INFORMATION PROVIDED THROUGH THE SERVICES OR BY TRAINERS OR OWNERS, AND (II) THE OUTCOMES OF TRAINING SESSIONS.

Service Availability

We aim to provide the best dog training experience for our customers. However, there may be occasions when a dog trainer is not immediately available in your area. We cannot guarantee the immediate availability of a trainer and will not be held liable for any delays or unavailability. Additionally, we reserve the right to replace your trainer at any time without liability.

8. Veterinary Consultation Services

Dog Academy may provide users with access to online veterinary consultation services, which are fulfilled by an independent third-party provider. These services are intended to serve as an educational resource to support the decisions you make about your dogs' care and are distinct from other Dog Academy Services. While these consultations may complement professional veterinary care, they are not intended to be a replacement. Always consult with a veterinarian for definitive advice and care for your pets. If any claims or disputes arise from using these consultation services, you agree to address them directly with the respective third-party provider and not with Dog Academy.

9. Other Services and Information Sharing

Our Services may allow messaging and sharing of information in various ways, such as through user forums, and messages to and interactions with trainers or other users. When you disseminate information through our Services, it becomes accessible and usable by others, both within and outside of our Services.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. Dog Academy generally does not review content provided by our users. You agree that we are not responsible for other users' content or information, or the misuse of our Services by others.

10. Third-Party Content

The Services may contain information, advertisements, or other content provided by other users, third parties, or links to third-party websites. Dog Academy does not endorse, monitor, or assume responsibility or liability for any third-party sites, content, or services, including but not limited to any of their policies or practices. You may be required to agree to the third-party's terms of service and privacy policy in order to use their content or service. Any charges or obligations you incur in your dealings with such third parties are your responsibility.

11. License to Use the Services

Subject to your agreement to, and continuing compliance with, these Terms and all other relevant Dog Academy policies, Dog Academy grants you a limited, non-exclusive, non-sublicensable, non-transferable, and revocable right and license to access and use the Services. Any use of the Services in violation of these Terms is prohibited, and may result in the immediate revocation of your limited license to the Services, as well as subject you to liability for violations of law. Dog Academy may limit or restrict use of the Services by anyone who Dog Academy reasonably believes has or will violate these Terms or any applicable laws when using the Services. In addition, Dog Academy reserves the right to monitor your use of the Services to ensure compliance with these Terms.

12. Your Contributions to Dog Academy

“User Content” refers to any text, images, artwork, ideas, questions, reviews, comments, messages, communications with us or others, suggestions, reviews, feedback, or other content that you submit, post, or disseminate using the Services or provide to us, as well as your name, photograph, and any biographical information submitted with any User Content.

License to Dog Academy. By sharing, submitting, or uploading User Content, you grant Dog Academy, and its affiliated companies and sublicensees, a non-exclusive, irrevocable, worldwide, transferable license to use your User Content in connection with the operation of the Services, including, without limitation, the rights to:

· copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content; and

· sublicense such rights to any supplier of the Services.

You retain ownership of User Content, subject to the license granted to us in this section.

Waiver of Moral Rights. You irrevocably waive and agree not to assert any rights, including any “moral rights”, that you may have to prevent Dog Academy from exploiting any of the rights to use User Content granted by you in these Terms.

Your Responsibility for User Content. You are solely responsible for all User Content made available through the Services. By providing User Content, you represent and warrant that:

You are 18 years or older.
You possess the necessary rights, licenses, consents, and releases to grant Dog Academy the rights to use and disseminate the User Content.
Your provision of User Content, and its use by Dog Academy, will not infringe, misappropriate, or violate any third party's patents, copyrights, trademarks, trade secrets, moral rights, or other intellectual property rights, rights of publicity, privacy, or any other right, or result in the violation of any applicable law or regulation.

No Obligations Regarding User Content. Dog Academy has no obligation to treat User Content as confidential, or compensate you or any third party for its use, or store or maintain any User Content. We reserve the right, at our sole discretion, to remove, delete, edit, or access User Content for any reason, without providing notice or obtaining approval from you or any third party.

13. Our Intellectual Property Rights

Other than User Content, Dog Academy either owns or holds licenses for all right, title, and interest in and to (a) the Services, which includes all software, information, text, media, videos, and other content available through the Services (collectively, “Our Content”), and (b) our trademarks, service marks, logos, and brand elements (collectively, “Marks”). Our Content specifically encompasses our online dog training courses delivered through various media formats, including video. The Services, Our Content, and Marks are all comprehensively protected under both U.S. and international laws. Unauthorized duplication, copying, or reuse of any portion of the Services, Our Content, or Marks without express written permission from Dog Academy is strictly prohibited.

14. Copyright Infringement Claims

Dog Academy takes copyright infringement claims seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you have evidence or good faith belief that content accessible from the Services infringes upon your copyright, you may request their removal by submitting a written notification to Dog Academy Copyright Agent by email to legal@dogacademy.org.

To conform with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), please include the information set forth below in your notice. Failure to comply with all requirements of Section 512(c)(3) of the DMCA may render your DMCA Notice ineffective.

Identification of the copyrighted work you claim has been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works.
Sufficient identification of the material alleged to be infringing, enabling us to locate it. Please provide a URL and screenshots for each item.
Details of your claim to the material, or relationship to the copyright holder of the materials.
Your contact information for us to reach you, including your name, mailing address, telephone number, and email address.
A statement of your good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
A declaration under penalty of perjury that the information provided in the notice is accurate, and you are, or you are authorized to act on behalf of, the copyright owner to make this complaint.
Your physical or electronic signature of the infringement notice.

15. User Conduct

Dog Academy is a community of dog lovers and our goal is to foster a positive and safe training environment for our users. To this end, you agree to use the Services for their designated purposes, and to comply with all applicable local, state, and federal laws, rules, and regulations while using the Services.

You also agree not to do any of the following, either directly or indirectly, in connection with the Services:

Participate in or promote any fraudulent or illegal activities.
Misrepresent your identity, credentials, or affiliations; impersonate any individual; use accounts under false identities; or access another user's account without permission.
Attempting unauthorized access to the Services, other users' accounts, or any computers, servers, or networks related to the Services.
Copy, download, distribute, or publish any content from the Services (including any Dog Academy instructional videos or training programs), unless explicitly authorized by these Terms or in a separate written agreement from us.
Post content or comments that may be perceived as obscene, pornographic, offensive, racist, sexist, or that promote hate speech and discrimination.
Engage in behavior that harasses, bullies, defames, discriminates, threatens, or stalks other users or individuals, or infringes upon the rights or privacy of others.
Use the Services to transmit spam, unwarranted advertisements, or phishing scams.
Upload or transmit any viruses, malware, or other malicious content that could harm or disrupt the Services or the devices of other users.
Use automated software, bots, or other technology to gather or manipulate data from the Services, including user profiles and user information, or to scrape, crawl, copy, or duplicate any part of the Services.
Publish or share personal information about other users or individuals without their explicit consent. This includes addresses, phone numbers, or other personal information.
Infringe upon the copyrights, patents, trademarks, service marks, trade secrets, or other rights of other individuals or organizations, or of Dog Academy. Unauthorized use of our logos, trademarks, service marks, or online dog training courses is strictly prohibited.
Manipulate our ratings or review systems, such as posting false reviews or offering compensation for positive reviews.
Use the Services to develop competitive products or services, or to engage in unauthorized commercial activities or promotions. This includes any kind of solicitation, advertising, or promotion of products by owners or trainers unrelated to our Services.
Disrupt or interfere with the normal operation of the Services or negatively affect the user experience, such as exploiting website or software vulnerabilities, conducting denial of service attacks, or bypassing security measures.
Misuse the reporting or complaint features in the Services, such as making ungrounded false reports about other users.
Use the Services in a manner that may pose a risk to your safety or the safety of others, including during in person training sessions.
Modify, make derivative works of, disassemble, decompile, or reverse engineer any part of the Services.

16. Indemnification

You agree to indemnify Dog Academy, and its members and affiliates, and their respective officers, managers, employees, contractors, and representatives (collectively, “Affiliates”), against all losses, liabilities, costs, and expenses (including reasonable attorney fees and court costs), arising from:

Any breach of these Terms by you or someone using your account;
Use of the Services, whether properly or improperly, by you or someone using your account;
Interactions or disputes you have with other users of the Services, including other dog trainers or owners, online or offline;
Information or content you or someone using your account submit or transmit through the Services, including User Content;
Violations of any laws by you; and
Actions of your dog or any animal under your care, including damages or injuries they cause.

You agree to cooperate with Dog Academy in defending these claims. Dog Academy retains the exclusive right to manage the legal defense of any matter subject to indemnification, including the terms of settlement. You may not settle any such matter without our prior written approval.

17. DISCLAIMER OF WARRANTIES

You are responsible for assessing the accuracy, completeness, and usefulness of information, opinions, advice, or other content available through our Services. We shall not be liable for any loss or damage resulting from:

· Your use of the Services;

· Any malfunction or failure of the Services to operate; or

· Your reliance on information obtained through our Services, or information provided by another user.

SERVICES PROVIDED “AS IS”: OUR SERVICES AND ALL CONTENT AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. DOG ACADEMY AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR AND WITHOUT LIMITATION, WE DO NOT WARRANT THAT:

· INFORMATION PROVIDED THROUGH THE SERVICES WILL BE ACCURATE OR ERROR-FREE;

· OUR SERVICES WILL MEET YOUR REQUIREMENTS OR ACHIEVE ANY PARTICULAR RESULTS;

· THE SERVICES WILL BE SECURE, UNINTERRUPTED, OR FREE OF ERRORS, OR FREE OF VIRUSES OR OTHER HARMFUL CONTENT; OR

· DEFECTS IN THE SERVICES WILL BE CORRECTED.

18. LIMITATION OF LIABILITY

NO CONSEQUENTIAL DAMAGES: DOG ACADEMY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, CLAIMS FOR LOST PROFITS, LOST BUSINESS OPPORTUNITIES, LOSS OF REPUTATION OR GOODWILL, LOSS OF DATA, AND COST OF REPLACING THE SERVICES) ARISING FROM OR RELATED TO YOUR USE OF THE SERVICES OR THESE TERMS. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE LIABILITY IS BASED ON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION OF STATUTE, OR OTHER LEGAL THEORY, AND WHETHER OR NOT WE'VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOT RESPONSIBLE FOR YOUR OR OTHERS' CONDUCT OR MATERIALS: DOG ACADEMY AND ITS AFFILIATES WILL NOT BE LIABLE FOR ANY CLAIMS, LOSSES, LIABILITIES, OR DAMAGES ARISING FROM:

· YOUR OWN CONDUCT, INCLUDING ANY VIOLATION OF THESE TERMS;

· THE CONDUCT OF THIRD PARTIES, INCLUDING DOG TRAINERS AND OTHER USERS OF THE SERVICES; OR

· ANY THIRD-PARTY INFORMATION, CONTENT, MATERIALS, OR LINKS ACCESSIBLE THROUGH THE SERVICES.

SPECIFICALLY, AND WITHOUT LIMITATION, WE ASSUME NO RESPONSIBILITY OR LIABILITY FOR BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, OR OTHER DAMAGES, LOSSES OR HARM THAT MAY OCCUR DUE TO YOUR USE OF THE SERVICES OR INTERACTIONS WITH DOG TRAINERS OR OTHER USERS, WHETHER ONLINE OR OFFLINE.

MONETARY LIMITATION: THE TOTAL AGGREGATE LIABILITY OF DOG ACADEMY AND ITS AFFILIATES FOR ALL CLAIMS, CUMULATIVELY, ARISING FROM THESE TERMS OR RELATED TO THE PROVISION OF SERVICES TO YOU SHALL NOT EXCEED THE TOTAL AMOUNT YOU HAVE PAID TO DOG ACADEMY IN THE ONE HUNDRED AND EIGHTY (180) CALENDAR DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH YOU FIRST ASSERT ANY SUCH CLAIM.

Applicability: Except for cases of gross negligence or willful misconduct, the limitations of liability and disclaimers contained in these Terms shall apply to the fullest extent permitted by applicable law. These limitations constitute a fundamental element of the agreement between you and Dog Academy, and shall apply to all claims, even if they fail their essential purpose.

19. Governing Law and Venue

These Terms shall be interpreted and construed in accordance with the laws of the State of Louisiana. Any and all claims, controversies, and causes of action arising out of or relating to these Terms, whether sounding in contract, tort, or statute (collectively, “Disputes”) shall be governed by the laws of the State of Louisiana, including its laws of prescription, without giving effect to any conflict-of-laws or other rule that would result in the application of the laws of a different jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to this Agreement. All Disputes will be resolved exclusively in either the state courts located in St. Tammany Parish, Louisiana, or the United States District Court for the Eastern District of Louisiana, and you and Dog Academy agree to submit to the personal jurisdiction and venue of such courts.

20. Termination and Changes to the Services

Termination: We reserve the right, at our sole discretion, to restrict, suspend, or terminate your access to our Services for any reason and at any time. Termination notice may be provided electronically to the email address associated with your account. We are not liable to you or any third party for termination of your access to our Services.

Modifications to Services: At our sole discretion, we may update, modify, limit, or discontinue our Services periodically. Such changes may involve the addition or removal of content or features, conversion of free services to paid ones (and vice versa), or alterations to user connections and interaction capabilities within the Services, such as restrictions on your ability to contact other users or trainers, and their ability to contact you.

Your Termination Rights: You have the right to terminate these Terms at any time by discontinuing use of our Services.

Effect of Termination: Any obligations accrued prior to termination, and certain provisions of these Terms which, by their nature, should survive termination, shall survive and remain in effect following any termination of these Terms, including but not limited to Sections 12 through 14, and 16 through 19.

21. Other Provisions

Severability: Should any provision of these Terms be deemed invalid or unenforceable by a court of competent jurisdiction, the parties hereby agree that such court should, to the extent permissible by law, endeavor to modify the provision in a manner that most closely reflects the original intentions of the parties as manifested in the provision, while maintaining its validity and enforceability. In the event that such modification is not feasible, the invalid or unenforceable provision shall be deemed severed from these Terms, and all remaining provisions shall continue in full force and effect.

No Waiver: Any failure or delay by us to enforce any right or provision within these Terms shall not be construed as a waiver of such right or provision in any future instance.

Assignment: These Terms, and any rights or licenses granted to you hereunder, may not be assigned or delegated by you. Dog Academy may freely assign or delegate these Terms, and any rights or licenses granted hereunder, without restriction.

Force Majeure: Under no circumstances will Dog Academy be held liable for any delay or failure to perform under these Terms due in whole or in part to any acts of nature or other causes beyond our reasonable control.