Terms of Service
Updated October 16, 2019
You have arrived at this Terms & Conditions page from one of the above sites, referred to herein as “this web site”, “company”, “service provider” and “us”. Any use in this Agreement of the terms "we" or "us" or “our”, “company”, “service provider” refers to Say Yes and "you" or "your" means or refers to the subscriber/user, company, its agents, affiliates or representatives.
Please also note that Say Yes Dog Training Inc. is based in Ontario, Canada that primarily serves customers in North America.
Terms of Service by Say Yes Dog Training (“Service Provider”).
Service Provider may revise this legal notice at any time by updating this posting. You should check this Website each visit to review the then-current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website. Failure to follow these rules, whether listed below or otherwise posted at various points in the Website, may result in suspension or termination of your access to the Website, without notice, in addition to Service Provider’s other remedies.
You shall use the site for lawful purposes only. You shall not post or transmit through the site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, that constitutes hate speech intended to insult any race, ethnicity, religion, sexual orientation, or national origin, or is otherwise objectionable, or that assists or encourages conduct that would constitute a criminal offence, gives rise to civil liability or otherwise violates any law, or that contains any computer viruses or computer programs that are intended to damage, detrimentally interfere with, or surreptitiously intercept or expropriate the site, or any other system data or information associated with the site. Any conduct by You that, in Say Yes's sole discretion and determination, restricts or inhibits any other subscriber/user from enjoying the site will not be permitted. Say Yes retains the right to remove any and all postings on the site at its sole discretion and determination.
Service Provider grants you a non-exclusive, non-transferable, limited right to access, use and display the online products (the “Program”) you license, provided that you comply fully with this Agreement. The Program/Classroom is only for your personal, non-commercial use. Each product program license log in is for use by one individual. Each additional user requires a separate license. You may not share, give or sell your password or username to any other person or company.
You represent and warrant that you are at least fifteen (18) years old and that you possess the legal right and ability to enter into this Agreement and to use the Program in accordance with this Agreement. If you are under the age of eighteen, you may use this website only with the consent of your legal guardian or educational authority.
Intellectual Property, Copyrights, Trademarks
You acknowledge and agree that all materials on the Website, including but not limited to text, images, code, software, audio, video clips, design, icons, photographs, written compilation, “look and feel” of the Website, all Programs, and other material and fee-based services (collectively, the “Materials”) are owned or controlled by Service Provider (Susan Garrett/Say Yes Dog Training) or its licensors, which retains all right, title, and interest in and to the Materials. The Website and Materials are protected by the copyright and trademark laws of Canada and other countries, international conventions, and other applicable laws. You may not download, display, record, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit the Website or any portion thereof for any public or commercial use without the express written permission of Service Provider. (Susan Garrett/Say Yes Dog Training)
Disclaimer of Warranty and Limitation of Liability
You acknowledge that you are using the Website at your own risk. The Website, including but not limited to the content, software, functions, fee-based services, materials and information made available thereon or accessed by means thereof, is provided AS IS, without warranties of any kind, either expressed or implied, including, but not limited to, any reliability, accuracy, merchantability, fitness for a particular purpose, title, compatibility, security, accuracy, non-infringement, or any other warranty, guarantee, condition or representation whether oral, in writing, or in electronic form, including but not limited to accuracy or completeness of any information contained therein or provided by the Website. To the fullest extent permissible by law, Service Provider, its affiliates and licensors make no warranties and shall not be liable for the use of this site under any circumstances, including but not limited to negligence by Service Provider. Service Provider does not warrant that the functions contained in the site or the services, fee-based or otherwise, will be uninterrupted or error-free, that defects will be corrected, that the site or fee-based services will meet any particular criteria of performance or quality, or that the site, including forums or the server(s) on which the site is operated, are free of viruses or other harmful components.
You assume full responsibility and risk of loss resulting from your downloading, accessing or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Website. Under no circumstances shall Say Yes Dog Training, affiliated companies, officers, directors, employees or contractors be liable for any direct, indirect, punitive, incidental, special or consequential damages that result from the use of, or inability to use, this website. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if company has been advised of the possibility of such damage. Except as prohibited by law, in no event shall the amount of the collective liability of company and its agents, affiliated companies, officers, directors, employees and contractors exceed the amount actually paid to the company for products or services. Because some jurisdictions do not allow the exclusions or limitation of incidental or consequential damages, company’s liability in such jurisdictions shall be limited to the extent permitted by law.
Severability and Integration
Unless otherwise specified herein, this Agreement constitutes the entire agreement between you and the Service Provider with respect to this web site and supersedes all prior or contemporaneous communications between you and the service provider with respect to this web site. If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
All Programs, Products, or Services offered by Service Provider, are not substitutes for Medical or Veterinarian care and offer no guarantees of any kind. The information on the Website (or as otherwise provided by Service Provider) is provided for educational purposes only, and is in no way intended to diagnose, cure, or treat any medical or other condition with you or your canine. Always seek the advice of a qualified medical physician/ or licensed Veterinarian. In addition to all other limitations and disclaimers in this agreement, Service Provider and its licensors disclaim any liability or loss in connection with the content provided on the Website. Where applicable, our sites are meant for informational purposes only. Use of the information on the membership site and this web site are at your own risk.
Each assigned user name for Service Provider’s online service is to be used solely by the individual to which it was issued. If you are provided a password to access this web site, then that password is for your personal use only, unless otherwise specified. You agree to be responsible for the security of your password.
Say Yes Online Program Usage Policy
- For products that you purchase from us that are delivered through a download link, you will be given a URL to access and download the product(s) you purchased. In such instances, you agree not to share the download link with other people who did not purchase the product(s).
- For products that you purchase from us that are delivered through a membership site, you will be given a user name and password to access the course materials and website. In such instances, you agree not to share your login information with other people who did not purchase the product(s). You will not sell this program or duplicate and sell any of its contents.
- Use of content, unless otherwise stated, is for your own personal, non-commercial use. You may not distribute content, print multiple copies, or use the content for public display or performance unless otherwise stated.
- You affirm, represent, and warrant that your participation on this web site and the content you may submit does not relate to illegal activities of any kind. You also represent and warrant that content you submit does not violate the intellectual property rights of third parties. Say Yes Dog Training reserves the right to make the final decision regarding what is appropriate. Say Yes Dog Training further reserves the right to remove content or terminate your account without prior notice for a violation of this provision.
- You agree that any ideas, suggestions, or improvements that you provide to Say Yes Dog Training about classroom upgrades, products or services shall be owned by Say Yes Dog Training and that we are free to include such ideas in future products without compensation to you.
- You agree with respect to program user comments, feedback, and submissions and content all comments, feedback, suggestions, ideas, and other information and textual material disclosed, submitted, conveyed or offered to Say Yes by you on or through the site or otherwise disclosed, submitted or offered in connection with your use of the site (collectively, "comments") shall be and remain Say Yes's property and shall be deemed to be non-confidential. Except as otherwise indicated, Say Yes is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay to you any compensation for any comments; or (3) to respond to your comments.You agree that no comments or Uploaded design content or any other submission provided to the site by you will violate any right of any third party, including copyright, trademark, patent, privacy or other personal or proprietary or intellectual property right(s). You further agree that no comments or uploaded design content or other submission provided by you to the site will be or contain libellous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for any comments or uploaded design content you make. You further specifically agree that Say Yes is not in any way obligated to actively monitor the site for objectionable or offensive comments or uploaded design content and you hereby hold harmless and covenant, Say Yes, its subsidiaries, affiliates, successors and assigns and their respective share holders, directors, officers, employees and contractors with respect to any comments made by you or others shall have no liability whatsoever. If such offensive, objectionable or unlawful comments are made known to Say Yes by you, Say Yes will endeavour to evaluate such comments and, in the exercise of its sole discretion, remove such comments if necessary.
- Automatic Renewal: Unless you notify Say Yes Dog Training before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Your programs can be canceled at any time by submitting your request to Say Yes Dog Training at [email protected].
Say Yes Dog Training / Susan Garrett provides a detailed refund policy with each product. The refund period ranges from 7 days - 30 days. Refund processing time is 3-4 weeks.
Site and Access Termination
We reserve the right to discontinue or modify without notice or liability, any portion of this web site. The Service Provider reserves the right to restrict, suspend or terminate your access to its services, fee-based or otherwise, in whole or in part, with respect to any breach or suspended breach of any portion of this Agreement. In the event of such a termination, there will be no refunds for unused time under the terms of your license. Service Provider reserves the right to refuse to provide services to you in the future.
Say Yes Hard Good Refund Policy
If you are dissatisfied with your hard good purchase; books / dvd’s / ebooks you can contact us at [email protected] for information regarding refunds.
You agree to pay, using the credit information you provided us, the charges incurred on your account in order to access any fee-based services to which you have purchased. You understand and agree not to provide false information about yourself, to impersonate another individual or provide misleading or false content.
Modification of the Website
Service Provider may modify the Website in any way at any time. Service Provider may impose limits on any Website features and/or services or restrict your access to parts or all of the Website without notice or liability.
You agree to indemnify and hold harmless the Service Provider, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including legal fees, arising out of your use of the Website, including but not limited to your violation of this Agreement. Say Yes shall not be liable for indirect, incidental, consequential, reliance or special damages to business, lost profits, lost savings or lost revenues whether or not Say Yes has been advised of the possibility of such damages. Say Yes shall not be liable for any damage that you may suffer arising out of your use, or inability to use, the services or products provided hereunder. SayYes shall not be liable for unauthorized access by third parties to your transmission facilities or praise equipment or for the unauthorized access to or alteration, theft, loss or destruction of your network systems, applications, data files, programs, procedures or information through accident, fraudulent means or devices, or any other method. These limitations of liability shall apply regardless of the form of action, whether in contract, or tort, and shall survive failure of an exclusive remedy.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL COMPANY, OR ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEB SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, COMPANY’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
If you need to contact us, you can email us at [email protected], call us at 1-647-931-8608. Our mailing postal address is: 2780 Dunmark Road, Alberton, ON Canada L0R 1A0