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THE HAPPY AUSSIE, LLC TERMS OF PARTICIPATION
Please READ carefully. By purchasing this product, the following Terms and Conditions are entered into by The Happy Aussie, LLC (“Company”, “we”, or “us”) and You (“Client” or “You”) agree to the following terms stated herein.
PROGRAM/SERVICE
The Happy Aussie, LLC agrees to provide the following programs and services (herein referred to as “Program”) as identified in the online commerce shopping cart. As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.
A Password Protected Program Area
The Company shall maintain a Program Area that will include video, audio, and written lessons, templates, worksheets, checklists, slide decks, and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 30 days. In the event that the Company intends to close the Program Area, it shall provide clients with a 30-day notice and the ability to either switch to a new Program Area or download the core resources contained in the Program Area.
Bonuses
From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Live Q&A Sessions
The Company will provide a series of interactive Q&A sessions designed to enhance your learning experience. These sessions will allow you to engage directly with our instructors, ask questions, and receive personalized feedback. The Company reserves the right to schedule these sessions at its discretion and will provide advance notice of any changes.
DISCLAIMER
The Company’s Terms of Use, Privacy Policy, and Disclaimer are hereby incorporated by reference into this agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. Client understands that The Happy Aussie, LLC is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietician, or financial analyst, psychotherapist, or accountant. Client understands that the Company has not promised, shall not be obligated to, and will not:
1. Procure or attempt to procure employment or business or sales for Client;
2. Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
3. Act as a therapist providing psychoanalysis, psychological counseling, or behavioral therapy;
4. Act as a public relations manager;
5.Act as a publicist to procure any publicity, interviews, write-ups, features, television, print, or digital media exposure for Client;
6. Introduce Client to the Company’s full network of contacts, media partners, or business partners.
Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
FEES
In consideration of Your access to the Program, you agree to pay the following fees:
Aussie Academy Fees
The fees for the membership “Aussie Academy” are $37/month or $370 for the annual membership. The membership renews automatically until cancelled by the member.
Reactivity Rehab Fees
The fee for the Reactivity Rehab course is $497 or three monthly payments of $175.
Happy Aussie Puppy Course Fees
The fee for the Happy Aussie Puppy Course is $147.
If you select the payment plan for Reactivity Rehab, you must pay the initial payment today and then your selected payment method will be automatically charged the following 2 payments on a monthly basis, for a total payment of $497 unless stated otherwise. If you opt for monthly payments, you will remain responsible for those payments unless you obtain a refund according to the Program’s Refund Policy set forth below. You may not cancel or avoid these payments except through the Refund Policy. In the event that any payment is not made, the Company shall immediately suspend your access to the Program.
REFUNDS
Reactivity Rehab Refund Policy:
We offer a 10-day satisfaction guarantee with the following terms:
To be eligible for a refund, you must complete all of the following:
1. Complete the first two course modules in full.
2. Submit your dog's completed Emotional Assessment.
3. Request your refund within 10 days of purchase.
These requirements ensure you've experienced the program's core methodology and given it a fair evaluation. No refunds will be issued after the 10-day period or if the above requirements are not met.
General Refund Policy
No Refunds for Instant Access Programs: Due to the instant access nature of the Happy Aussie Puppy Course and the Aussie Academy, no refunds will be issued.
METHODS OF PAYMENT
If you elect for the payment plan, you hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. Regarding recurring payments and outstanding invoices: If all eligible payment methods we have on file for you are declined for payment of your monthly fee, you must provide a new eligible payment method promptly or your program access will be removed. If you do not request a refund within the terms of the program with the required coursework at the time of your refund request, you are required by law to complete the remaining payments of your payment plan. You understand that your membership will automatically continue, and you authorize us (without notice to you, unless required by applicable law) to collect any and all outstanding receivables, using any eligible payment method we have on record for your account.
CONFIDENTIALITY
The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.
NO TRANSFER OF INTELLECTUAL PROPERTY; RESTRICTIONS ON USE OF COMPANY INTELLECTUAL PROPERTY
All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans in the Program are the trademarks of their respective owners.
Your participation in the Program does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Program, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.
The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.
You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.
CLIENT RESPONSIBILITY
You understand that the Company cannot guarantee specific training results or behavior of dog because success is dependent on many factors. Some of these factors include, genetics, environment, prior training, stress levels, anxiety, adjustability and the Client's ability to follow-up, maintain training & follow all training instructions during and post program.
You also understand that it is imperative all training is maintained by yourself and your family or other professionals such as pet walkers or sitters. You know training must follow all methods & rules as instructed by the instructor. Deviations from instructed training, use of other methods, use of tools outside of what trainer utilized/suggests may cause your dog to regress with abilities gained through the training program.
The Company respects the privacy of its clients and will not disclose any information you provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participant to share the information.
Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to you in the Program with anyone other than the Company, its owners and employees, and other Program participants.
CLIENT STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide Client with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.
FORCE MAJEURE
The Company shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
SEVERABILITY/WAIVER
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
MISCELLANEOUS
You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.
The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program.
The Company and/or its suppliers may make improvements and/or changes in the Program at any time. The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose.
To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program for errors or omissions that may appear in any of the program materials.
ASSIGNMENT
Client may not assign this Agreement without express written consent of the Company.
MODIFICATION
Company may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
TERMINATION
The Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if you become disruptive to the Company or other Program participants, if you fail to follow the Program guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
INDEMNIFICATION
The Company will offer sound, safe, and responsible training instructions. However, you recognize that the Company is not responsible for any unintentional errors, omissions, or incorrect assertions. You understand that the recommendation of any other product or service is not a guarantee of my satisfaction with that product or service. Further, you are and will remain responsible for the actions of your dog at all times and you hereby agree to indemnify and hold harmless the Company of any and all claims of injury, expense, costs, or damages caused by the actions of your dog while as a result of following training instructions. You understand the inherent risks of owning a dog, including but not limited to the risk of dog bites to myself or others.
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules, or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only in the state or federal courts that are geographically nearest to The Happy Aussie’s headquarters.
EQUITABLE RELIEF
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
OUR MINIMUM GUARANTEES
Unless otherwise noted, all products come with a minimum of 30-day access guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details. If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact wiggles@happyaussie.com.
Permission is granted to use the materials on Companies web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Company at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any copied/downloaded materials in your possession whether in electronic or printed format.
The materials on Companies web site are provided 'as is'. Company makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Company does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Company or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Companies Internet site, even if Company or a Company authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
The materials appearing on Companies web site could include technical, typographical, or photographic errors. Company does not warrant that any of the materials on its web site are accurate, complete, or current. Company may make changes to the materials contained on its web site at any time without notice. Company does not, however, make any commitment to update the materials.
Company has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Company of the site. Use of any such linked web site is at the user's own risk.
Any claim relating to Companies web site shall be governed by the laws of the State of Colorado without regard to its conflict of law provisions.
Read more on Privacy Policy here.
Read more on Cookie Policy here.
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