TERMS AND CONDITIONS

 

Date of Last Revision: April 1, 2024.

 

PLEASE READ THESE TERMS OF USE CAREFULLY. THEY SET FORTH THE IMPORTANT TERMS YOU WILL NEED TO KNOW ABOUT THE SITE, SERVICES, AND GOODS, AS THOSE TERMS ARE DEFINED BELOW. THESE TERMS AND CONDITIONS (The “Terms”) ARE SUBJECT TO CHANGE AS PROVIDED BELOW. BY ACCESSING OR USING THIS WEBSITE, PARTICIPATING IN OUR PROGRAMS, OR USING CANINEIQ’S SERVICES, YOU ACKNOWLEDGE YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THESE TERMS. IF YOU DO NOT OR CANNOT AGREE WITH ANY PART OF THESE TERMS, YOU MAY NOT USE THE SITE OR ANY SERVICES PROVIDED ON OR THROUGH THIS SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR OUR PROGRAMS OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.

 

INTRODUCTION

CanineIQ, LLC (“CANINEIQ,” “our,” “us,” or “we”), a Colorado limited liability company, owns and operates this website (the “Site”). These Terms describe and control your rights and responsibilities with regard to the Site and any purchases you make on it, whether for the Goods or Services we provide. You, the user (“user,” “you,” “your”) access to and use of the Site are at all times subject to these Terms, our Privacy Policy, and all applicable laws and regulations. You understand and agree that these Terms are entered into between you and CanineIQ. If you do not accept and agree to be bound by these TERMS, you are not authorized to access or otherwise use thIS Site, OUR Services, PURCHASE OUR GOODS, or USE any information or Content provided through OUR Site or Services. The Site and Services are continually under development. We accordingly reserve the right to review, amend, edit, alter, or remove any part of these Terms at any time in our sole discretion and without prior notice to you. You should check these Terms from time-to-time to determine if any changes have been made. Any changes to these Terms are effective upon posting to the Site. Unless otherwise indicated, any new Content (as defined below) added to the Services is also subject to these Terms upon posting to the Site. Subject to the below provisions regarding our Programs, If you disagree with these TERMS, your sole and exclusive remedy is to discontinue your use of the Site or Services, subject to applicable legal or contractual obligations. Your continued use of the Site or Services after a change has been posted constitutes your acceptance of the changes.

 

Services

Our “Services” include:

1. Providing users education, general information, and proprietary credentialing in canine health, and specifically in veterinary rehabilitation and physical therapy, including via our “Programs” defined below.
2. Providing informational and educational materials, tools, and resources (collectively, the “Materials”) on canine health, rehabilitation, and physical therapy-related matters.
3. Providing an online platform where users can purchase various dog-related goods, either through the Site or third-party websites, as well as exercise and other informational products, materials, lectures, and literature (collectively “Goods”).
4. Providing a platform for users to interact, comment, and otherwise participate in online communities to share on topics related to canine health. 

 

Online Orders 

When placing an order on our Site, you are effectively offering to purchase whatever Goods and Services you select. We reserve the right to accept or reject any order in our sole discretion. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion.

 

Payment Terms 

All applicable prices are set forth alongside the Goods and Services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the similar goods or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular Good or Service, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment will generally be made through Kajabi.com. We and our affiliates may retain credit card information to reserve appointments, to bill memberships, to maintain customer accounts and as otherwise detailed in our Privacy Policy. By agreeing to these terms, you irrevocably authorize us to charge the credit card on file for payment for Services requested or rendered, for Goods and Programs purchased, and otherwise as consistent with these Terms. By making any payment, you hereby represent and warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. Please refer to Kajabi’s website for terms and conditions and other policies or provisions applicable to your use of that site.

 

Shipping Information 

It is our responsibility to ship your accepted order to you at the address you provide when making the order. You will be responsible for all associated shipping and handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.

 

Returns; REFUNDS 

All refunds will be credited back to the same payment method used to make the applicable purchase.

For all Goods purchased through our Site, we will provide a full refund for orders cancelled within 24 hours of placing the order. If you, for any reason, are not satisfied with your order of Goods, you may return them for a full refund; provided: (i) the items(s) were not designated as non-returnable; (ii) your return is made within thirty (30) days of delivery; and (iii) the merchandise is returned in the same condition as originally received by you. Refunds are not available for sale items, educational or teaching materials or lessons (e.g., Module materials from the tCPT Program, subject to the below terms), and as listed at the point of sale. Once the Goods are received by us, we will refund your purchase price, less the original shipping and handling charges. All returns of Goods may also be subject to a reasonable re-stocking fee, applied in our sole discretion and not to exceed 20% of the purchase price. All refunds and cancellations related to our Programs are subject to the below provisions.

 

SUBSCRIPTIONS

If you subscribe to a monthly membership, your subscription includes enrollment into an ongoing/recurring payment plan. Your subscription will automatically renew at the end of the disclosed billing period, unless cancelled in accordance with the instructions for cancellation below. Payment will be charged to your chosen payment method at confirmation of purchase and at the start of every new billing period, unless cancelled. Your “billing period” is the interval of time between each recurring billing date and corresponds to the term of your subscription. You may cancel a subscription at any time, provided that upon cancellation, you will be billed through the end of the then current billing period. It is your responsibility alone to timely cancel your subscription to avoid the next billing period’s charges. You acknowledge that the duration of your billing period may vary, including if your subscription began on a day not contained in a given month (e.g., the 31st). We bill monthly Service memberships pursuant to the pricing listed on our Site. By agreeing to these terms, you authorize us to bill the Billing occurs automatically to the payment method you provide.

 

SPECIAL TERMS REGARDING OUR tCPT PROGRAM.

The provisions of this Section are particular to those persons participating in our proprietary education and credentialing courses, or tCPT Program (“Program”).

 

GENERALLY: As part of our Services, we offer training courses and proprietary credentialing related to canine/animal physical therapy. As more fully described on this Site, our tCPT Program assembles a large, diverse group of Physical Therapist experts, Board Certified Veterinary Specialists, and Veterinary Technicians to train eligible participants in becoming confident canine physical therapy clinicians. The tCPT Program is a hybrid model that contains online coursework for Modules 1-3, and an intensive, hands-on training portion for Module 4. Eligible participants may learn through text and presentations that may be downloaded once and used for reference. Upon completion of the tCPT Program, we will provide you with the right to use our proprietary “tCPT” credential. Eligible participants may also purchase individual Modules for personal use but will not obtain the tCPT credential without completion of the entire tCPT Program.

 

LICENSURE CREDIT FOR PROGRAM PARTICIPATION OR COMPLETION: Whether canine physical therapy is an accepted practice, and whether to permit or accept continuing education or credentialing in canine health is generally a matter of state law. Our tCPT Program may or may not qualify as continuing education credit, depending on your licensure/certification and your jurisdiction’s laws. It is up to you to check your individual state laws, including any governing agencies related to licensure or certification, and verify scope of practice and licensure concerns, including acceptance or non-acceptance of these courses. You generally have the option to self-submit the tCPT Program to your state board to be considered to receive continuing education credits. We do not make any representations or warranties as to the permissibility of canine physical therapy or as to any acceptance of continuing education credits in your jurisdiction. At the end of the tCPT Program, however, we will provide you with certain information that may help when submitting to your respective state board.

 

ELIGIBILITY: In order to be eligible to participate in our tCPT Program or to download a Module from it, you must be currently licensed in physical therapy, or have completed at least one year of professional education within a Commission on Accreditation in Physical Therapy Education (“CAPTE”) accredited program. You will be required to upload your license or student identification information in accord with our Privacy Policy to verify this requirement. These information and materials must be submitted with your purchase of the Program or a Module. You may be required to provide additional or continued proof in line with these requirements and we reserve the right to require additional documentation to assure you are eligible to participate in the tCPT Program. Whether to permit participation in the Program or use of the Modules at any time is a matter in our sole discretion. Any extended or repeated review of your credentials may be subject to an additional administrative fee of $300.

 

PROGRAM REQUIREMENTS: The following is a general description of the tCPT Program. We reserve the right to change, amend, or alter any of the following at any time, in our sole discretion, and without prior notice to you, although we will attempt to reasonably notify you at your contact information of record of any such changes. The tCPT Program consists of 6 modules (each, a “Module”), to be completed in order:

•  Module 1: Foundational Principles of Canine (and feline) Anatomy and Movement (ONLINE)
• Module 2: Fundamentals of the Veterinary Patient for the Physical Therapist (ONLINE)
• Module 3: Evaluation and Physical Therapy of the Canine Patient for the Physical
• Therapist (ONLINE)
• Module 4: Canine Physical Therapist Practice Intensive (IN PERSON)
• Module 5: Capstone Project
• Module 6: Clinical Training

 Module 5 and 6 may be completed simultaneously.

 

tCPT PROGRAM REGISTRATION AND CANCELLATION POLICIES: Payments for the Program or a purchased individual Module are due and owing in full at the time of registration/purchase. Registration will be open for one (1) week, two (2) times per year. For the Program, 50% of your tuition is non-refundable at the time of Registration. You may obtain a 50% refund if you cancel prior to the date the Program begins. Enrollment is non-transferable. You may cancel at any time, subject to the above limitations. Generally, we may permit you to transfer the tuition for the Program to a future registration period for a $300 administration fee. All rescheduling is subject to availability, our discretion, and any increases in tuition amounts.

 

Purchases of all individual Modules are non-refundable at the time of opening/accessing the Module. Individual Modules may be refunded if unopened or not accessed, less a 20% administrative fee.  Module 4 may be rescheduled to a future date (subject to availability, our discretion, and any increases in tuition amounts) if rescheduled 90 days prior to the start of the in-person Module. 

 

If we reschedule an in-person course (i.e., Module 4), we will work to do so while attempting to reasonably limit any inconvenience to you. In any event, we will not be responsible for any travel expenses or other costs related to Module 4 or the rescheduling thereof.

 

TIME LIMITATION FOR COMPLETION OF tCPT PROGRAM: Students must complete the tCPT Program within two years from the date Module 1 opens. Any completion taking longer is subject to a monthly fee of $50 due at each monthly anniversary through completion of the Program. Module 4, the in-person component, may be limited in our annual offerings of it. Please contact us directly for more information on the calendar relating to it and plan accordingly. We are not responsible if the timing of our offering of Module 4 goes beyond the 2-year time limit for you to complete your tCPT. Module 4 (in-person) must be completed prior to Module 6, the Clinical Internship. Students may complete Modules 5 (Capstone Paper) and 6 (Clinical Internship) simultaneously. 

 

If we notify you of a spot in a course, you must register online and pay the tuition in full for the course within 48 hours, after which we will open your seat in the available course to other persons.

 

Examination Policies: You will receive an exam after each lecture within each Module and a class

course evaluation at the end of each Module. Once you submit your Module evaluation, you may move to the next Module. You must score 100% to pass each exam, using open resources. If you score below 100%, you must retake the Module before moving onto the next one, with the ability to retake each exam 5 times. If you score below 100% on the exam after five times, you must retake that Module and pay for it at the individual Module price.

 

LIMITED LICENSE TO tCPT PROGRAM MATERIALS: While you participate in the tCPT Program or purchase an individual Module, we grant to you a limited, non-transferable, personal, non-commercial right and license to download one (1) time and use the materials associated with the tCPT Program and Module, as applicable, only for the purposes of working in, and pursuant to your progress through, the Program or review of the Module. Additional downloads may be subject to additional fees. You alone are responsible for maintaining and protecting the existence of Module materials after download. By agreeing to these Terms, you specifically agree you will not reproduce, transfer, transmit, share, copy, emulate, repurpose, sub-license, create derivative works, distribute, display, perform publicly, or otherwise use the Program or Module materials in a manner inconsistent with this right and license without our prior written approval in each instance. We reserve all rights within all of the tCPT Program and materials. Any violation of this provision may result in the immediate termination of our Services to you, the preclusion of your participation in the Program, the non-refundability of any fees paid to participate in the Program, and any other legal remedy available to us in law or equity. You further agree you will only use skills and information learned during our Program in a manner that is consistent with this provision and your scope and licensure, as applicable.

 

NON-AFFILIATION WITH REGULATORY BOARDS: We are a private company. Our credentialing program is unique to us. We are not affiliated with any state board or other governmental licensing, certification, or professional review agency or organization.

 

USER REGISTRATION AND ACCOUNTS

You may have to register a “User Account” to access certain parts of the Site, participate in Programs, download Modules, or otherwise utilize our Services. As part of that registration, you will create a username and password and become a “Registered User.” If You are a Registered User, you agree to provide information that is accurate, complete, and correct, and to accurately maintain and update any information about yourself that you have provided to CanineIQ. If you do not maintain such information, or if we have reasonable grounds to suspect your information is incorrect, outdated, or false, in addition to the above provisions regarding eligibility for the tCPT Program, we have the right to suspend or terminate your account and your use of the User Account and Services. You also agree to immediately notify us of any unauthorized use of your username, password, User Account, or of any other breach of security that you become aware of involving or relating to the Services by emailing CanineIQ at [email protected]. CanineIQ may take any and all actions it deems necessary or reasonable to maintain the security of the Site, Services, Programs, Modules, Module materials, and your User Account.

 

You agree to keep confidential Your username and password and to exit from your User Account at the end of each session. You are responsible for all activities that occur under your User Account and for maintaining the confidentiality of your password. If you think your User Account has been compromised, you are exclusively responsible for promptly changing your password. You may not transfer or share your password to your User Account with anyone, or create more than one User Account. You may not use anyone else’s User Account at any time. CANINEIQ explicitly disclaims liability for any and all losses and damages arising from your failure to comply with this section.

 

PERSONAL VIEWS DISCLAIMER

Any personal or individual views, information, or opinions expressed on or linked to through the Site, our Programs, or our Services are solely those of the individuals making them, and, unless an employee of CanineIQ, may not represent those of, and should not be attributed to us, our employees, or our affiliates. CanineIQ is not responsible and does not independently verify for accuracy any of the information presented by third-parties. CanineIQ likewise does not assume any liability, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, in views or opinions expressed by third parties through the Site, Programs, or Services.

 

TECHNOLOGICAL AND FINANCIAL REQUIREMENTS FOR USE

You must have compatible computing or mobile devices, access to the Internet, and certain necessary software in order to use the Site. Fees and charges may apply to your use of the mobile services and to the Internet. You are individually and solely responsible for any such fees, costs, or expenses you incur in relation to your use of the Site or Services.

 

PRIVACY POLICY

Please see our Privacy Policy for a description of how we may collect and use personal information through the Site or our Services. CanineIQ incorporates the Privacy Policy into these Terms by reference.

 

SITE CONTENT

none of the Content you receive through the Site (the “Content”) should be considered advice WITHIN OR CREATING A PROFESSIONAL RELATIONSHIP. All such health and health-related information contained within this Site and our Services is intended to be general, marketing, or educational in nature and should not be considered or used as a substitute for a visit with an appropriate professional. You may receive professional and educational information through one of our Programs. Such information is similarly proprietary to CanineIQ and only educational in nature. CanineIQ assumes no responsibility or liability for how you use information obtained from this Site or Our Services or programs.

 

OWNERSHIP OF INFORMATION SUBMITTED THROUGH THE SITE OR SERVICES

With the exception of any personal data or information you submit and maintained in accordance with our Privacy Policy, You understand and agree that any information you provide to CanineIQ on or through the Site or Services, whether by direct entry, submission, email, upload, or otherwise, including, but not limited to, data, questions, comments, forum communications, or suggestions, will be treated as non-confidential and non-proprietary and will become the property of CanineIQ. Such information may be used for any purpose, including, without limitation, reproduction, solicitation, disclosure, transmission, publication, broadcast, and posting without notice to you or payment for it. CanineIQ shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to or upload through CanineIQ via the Services or by any other means for any purpose whatsoever, including, without limitation, developing and marketing products using such information.

 

To the extent the foregoing provision does not apply, or is deemed by a court of appropriate jurisdiction not to apply to any personal data or information subject to the foregoing paragraph, and to the extent permitted by law, you: (1) understand and agree that any such information provided by you may be used, copied or displayed by CanineIQ, CanineIQ may create derivative works of any such data, and CanineIQ may provide such data to our service providers, our successors and assigns in performance of their services; and (2) grant CanineIQ, our service providers, our successors and assigns, and affiliated service providers, a fully transferable, royalty-free, and sublicensable right and license to use, reproduce, modify, analyze, perform, display, distribute, and otherwise disclose to third-parties any data or information you submit on or through the Site for the purposes of providing the Services to You; conducting research or analyses of such data; and designing, developing, implementing, modifying or improving new, current, or future features, products and services of CanineIQ using such data.

 

OWNERSHIP OF SITE CONTENT, TRADEMARKS

As between CanineIQ and you, CanineIQ is the sole and exclusive owner of all right, title, and interest in and to the Site, the Programs, and their Content, features, and functionality (including, without limitation, all information, intellectual property such as trademarks and copyrights, software, text, displays, images, video, audio, design, selection, arrangement and look and feel), other Content, and all intellectual property rights therein, and any suggestions, ideas or other feedback provided by you. Other than as specifically permitted herein, you are not permitted to reproduce, publish, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, transmit, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the material on our Site or in our Programs except as generally and ordinarily permitted through the Site or Programs according to these Terms, or by separate contractual agreement. Any copy, modification, revision, enhancement, adaptation, translation, or derivative work of the Site, our Programs, or the Content shall be owned solely and exclusively by CanineIQ or its licensors, including all intellectual property rights therein. You may not access or use for any commercial purposes any part of the Site, the Programs, or the Content. Nothing in these Terms or on the Site may be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Site, the Programs, or their intellectual property, except as expressly stated herein. Certain names, logos, and other materials displayed in and through the Site may constitute trademarks, trade names, service marks or logos (“Marks”) of CanineIQ or its affiliates. You are not authorized to use any such Marks without the express written permission of CanineIQ. Ownership of all such Marks and the goodwill associated with them remains with us or our affiliates.

 

YOUR Consent

You agree that your use of the Site, participation in our Programs, and any uses of any Services or materials related to the Site and our Programs are subject to your agreement with all of these Terms as well as our Privacy Policy. You agree you will not violate any local, state, federal, or international laws in using this Site, our Programs, or the Services, or by accessing any Material within or through the Site or our Programs.

 

Acceptable Use

Subject to your compliance with these Terms and the above license related to participation in our Programs, as applicable, CanineIQ grants you a personal, limited, revocable, non-exclusive, non-transferable, royalty-free license to view, download, access, and use the Site and Services solely for your personal and non-commercial use, and solely as permitted under these Terms and our Privacy Policy. Any unlawful use of this Site or use inconsistent with these Terms is prohibited and will result in, at a minimum, an automatic termination of this license. CanineIQ and its affiliates expressly reserve all rights, title, and interests not expressly granted under any license herein. We further reserve the right, in our sole and exclusive discretion, to deny or suspend use of the Site or Services to anyone for any reason.

 

Except as CanineIQ expressly authorizes, you agree you will not, directly or indirectly, and will not attempt to: (a) impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; (b) use the Site or Services to violate any local, state, national, or international law; (c) reverse engineer, disassemble, decompile, or translate any software or other components of the Site; (d) distribute, input, upload, transmit, or otherwise run or propagate any virus, application, Trojan horse, or any other harmful computer code that could damage or alter a computer, portable device, computer network, communication network, data, or our Site, or any other system, device, or property; (e) access or use the Site in any manner or for any purpose that infringes, misappropriates, or otherwise violates any intellectual property right or other right of any third party; (f) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Site, Services, or related materials in any way; (g) use or access the Site to create or develop competing products or services or for any other purpose that is to CanineIQ or its affiliates’ detriment or commercial disadvantage; (h) take any action or use the Site in any manner that could damage, destroy, disrupt, disable, impair, overburden, interfere with, or otherwise impede or harm in any manner our Site or any Content, in whole or in part; (i) disrupt, interfere with, violate the security of, or attempt to gain unauthorized access to our Site or any computer network; (j) bypass, breach, avoid, remove, deactivate, impair, descramble, or otherwise circumvent any security device, protection, or technological measure CanineIQ or its service providers implement or have implemented to protect the Site; (k) remove, delete, alter, or obscure any trademarks, specifications, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from our Site or any Content made available to you on or through our Site; (l) use any manual process or automated device to monitor or copy any Content made available on or through our Site for any unauthorized purpose except as permitted by this section; (m) copy, duplicate, download, store in a retrieval system, publish, transmit, or otherwise reproduce, transfer, distribute, store, disseminate, aggregate, use as a component of or as the basis for a database or otherwise use in any form or by any means any data, text, reports, or other materials related to CanineIQ or third-party content from the Site; (n) engage in or use any data mining, robots, scraping, or similar data gathering or extraction methods; (o) ​use the Site or Services in any manner that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e. g., material that promotes racism, bigotry, or manifests hatred or physical harm of any kind against any group or individual), or otherwise post objectionable material of any kind or nature or which is harmful to minors in any way; (p) otherwise use the Site in any manner that exceeds the scope of the license granted above; or (q) encourage or enable any other individual to undertake any of the conduct listed in this section. If CanineIQ blocks you from accessing the Site or the Services (including by blocking your IP address), You agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address).

 

User Obligation

In consideration of your use of the Site and our Services, you represent you are of legal age to form a binding contract and are not a person barred from using, receiving, or accepting our Services under the laws of the United States or other applicable jurisdictions, such as the European Union. If you are under 13 years of age, you are not authorized to use the Site or our Services. If you are between the ages of 13 and 18 years old, you may use the Site and our Services solely with the approval of your parent or legal guardian.

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LINKS TO Third-Party Websites

You may have accessed the Site through, or the Site may contain hyperlinks or references to other websites, posts, blogs, videos, or other third-party online material (collectively, the “Linked Sites”). Linked Sites may not be under our control, and we are therefore not responsible for the information, products, or services described on Linked Sites, or for the content of any Linked Site, including, without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site. We provide Linked Sites only as a convenience, and the inclusion of any link does not imply endorsement of the Linked Site, the information or content on it, or any association with its operators. Your use of Linked Sites is at your Own risk, and you agree and understand we are not liable to you in any way, either directly or indirectly, for any content, errors, damage, or loss caused by or in connection with use of or reliance on information contained in or provided to Linked Sites.

 

Site Access; TERMINATION

The Terms will remain in full force and effect as long as you continue to access or use the Site or Services. Your permission to use the Site automatically terminates if you violate these Terms.

 

CanineIQ reserves the right to prohibit, restrict, suspend, discontinue, or terminate your access to the Site or our Services, and any rights or licenses granted in association with them, in whole or in part, with or without prior notice, at any time, and based in CanineIQ’s sole and exclusive discretion. Including but not limited to for your violation of these Terms. The following provisions survive the expiration or termination of these Terms for any reason whatsoever: Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law, Dispute Resolution, Arbitration, Venue, and Severability of Provisions; No Waiver; Remedies; and Assignment.

 

Subject to applicable law, CanineIQ reserves the right to maintain, delete, or destroy all communications and materials posted or uploaded to the Site pursuant to its internal record retention or content destruction policies, where applicable. After such termination, CanineIQ will have no further obligation to provide the Site or Services to you. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services in any way, and further agree that if you violate this restriction after such termination, you will indemnify and hold CanineIQ and its affiliates harmless from any and all liability CanineIQ and its affiliates may incur from such violation.

 

Disclaimer of Warranties

ALL INFORMATION PROVIDED ON THE SITE, THROUGH OUR SERVICES, AND IN OUR PROGRAMS, INCLUDING BUT NOT LIMITED TO ALL PROFESSIONAL, ANIMAL HEALTH, NUTRITION, AND FITNESS INFORMATION, TEXT, PHOTOGRAPHS, IMAGES, INTERVIEWS, LITERATURE, ILLUSTRATIONS, GRAPHICS, AUDIO, VIDEO AND AUDIO-VIDEO CLIPS, AND OTHER MATERIALS, WHETHER PROVIDED BY CANINEIQ OR BY THIRD-PARTIES, IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT INTENDED TO BE AND SHOULD NOT BE USED IN PLACE OF THE ADVICE OF OR A VISIT WITH YOUR VETERINARIAN OR OTHER CANINE HEALTH PROFESSIONAL. PLEASE CONSULT WITH YOUR VETERINARIAN IF YOU HAVE HEALTH-RELATED QUESTIONS BEFORE USING ANY INFORMATION YOU OBTAIN ON THE SITE.

 

You expressly agree your use of the Site, GOODS, PROGRAMS, AND SERVICES is at Your own risk. YOU AGREE WE WILL NOT BE LIABLE OR responsible FOR ANY PHYSICAL, MENTAL, OR FINANCIAL HARM TO YOU, YOUR AFFILIATES, OR YOUR PET if pet is harmed THROUGH THE USE OF FINFORMATION OBTAINED THROUGH OUR SITE OR SERVICES. We do not manufacture (or direct the manufacture of) any of the Goods offered on our Site in any way. The availability on our Site of Goods does not NECESSARILY constitute an affiliation with or endorsement of any of the Goods or their manufacturer. UNLESS SET FORTH EXPRESSLY HEREIN, IN OUR PRIVACY POLICY, OR IN A SEPARATE, BINDING AGREEMENT WITH YOU, CANINEIQ, INCLUDING WITHOUT LIMITATION ITS OFFICERS, DIRECTORS, MANAGERS, PARTNERS, MEMBERS, EMPLOYEES, AGENTS, AND AFFILIATES (collectively, “Related Persons”)  does not make AND SPECIFICALLY DISCLAIMS ALL warranties AND representations IN the Site, THE PROGRAMS, THE GOODS, Our Services, the accuracy or completeness of the content WITHIN ANY OF THEM, AND IN information linked through the Site, including TO LINKED SITES. THIS DISCLAIMER INCLUDES BUT IS NOT LIMITED TO ALL REPRESENTATIONS OR WARRANTIES WITH RESPECT TO MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NONINFRINGEMENT, TITLE, USAGE OR TRADE, AVAILABILITY, SECURITY, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA, FREEDOM FROM VIRUSES OR MALWARE, COMPLETENESS, TIMELINESS, FUNCTIONALITY, RELIABILITY, AND SEQUENCING OR SPEED OF DELIVERY OR SYSTEM INTEGRATION. you acknowledge and agree CANINEIQ provides the SITE, THE GOODS, THE SERVICES, THE PROGRAMS, AND ANY INFORMATION THEREIN, ON AN "AS IS" AND "AS AVAILABLE" BASIS. EXCEPT AS STATED HEREIN, CANINEIQ CANNOT AND DOES NOT WARRANTY ANY SPECIFIC OUTCOME IN THE SERVICES OR PROGRAMS. WE MAKE NO WARRANTIES OR REPRESENTATIONS THAT YOUR USE OF THE SITE, OUR PROGRAMS, OR SERVICES WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. Goods are, however, covered by the manufacturer’s warranty as detailed in any product’s description on our Site and included with our delivery of them. You can avail yourself of any of the manufacturer’s warranties by following the instructions provided in their warranty agreement[s]. You acknowledge and agree that under no circumstances shall we be liable for any breach of the manufacturer’s warranty claims and/or for any loss or damages that may arise out of the manufacturer’s failure to honor its warranty obligations to you.

 

TO THE FULLEST EXTENT OF APPLICABLE LAW, NEITHER CANINEIQ NOR ITS RELATED PERSONS WILL BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, OUR PROGRAMS, OR THE SERVICES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS, TIMELINESS, APPLICABILITY, RELIABILITY AND USEFULNESS OF THE SITE AND INFORMATION GARNERED THROUGH THE SERVICES. FURTHERMORE, CANINEIQ DOES NOT GUARANTEE THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED, OR FREE FROM ERROR, DEFECT, LOSS, DELAY IN OPERATION, CORRUPTION, CYBER ATTACK, VIRUSES, INTERFERENCE, HACKING, MALWARE, OR OTHER SECURITY INTRUSION, AND CANINEIQ DISCLAIMS ANY LIABILITY RELATING THERETO.

 

Limitation of Liability

YOU EXPRESSLY UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, AND EXCEPT AS SET FORTH IN THIS SECTION, IN NO EVENT WILL CANINEIQ OR ITS RELATED PERSONS OR LICENSORS BE LIABLE TO YOU OR TO ANY PARTY FOR ANY CLAIMS, LIABILITIES, LOSSES, COSTS OR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), CONTRACT, WARRANTY, STATUTE OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE OR DATA, SERVICE INTERRUPTION, COMPUTER OR MOBILE PHONE DAMAGE, OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS, INCLUDING DEATH, ARISING OUT OF OR IN CONNECTION WITH ANY ACCESS, USE OF (OR INABILITY TO USE) THE SITE, THE PROGRAMS, THE GOODS, AND THE SERVICES, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, OUR PROGRAMS, OR THE SERVICES. THIS IS TRUE EVEN IF CANINEIQ OR RELATED PERSONS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

 

The foregoing sections entitled, “DISCLAIMER OF WARRANTIES” and “LIMITATION OF LIABILITY” are intended only as permitted by applicable law. If any portion of these sections is held to be invalid, it shall be revised by the reviewing court or arbitrator in the least amount possible to make it enforceable under applicable law. To the extent it cannot be revised to be enforceable, it shall be severed from these Terms and shall not affect the validity of the remaining portions of the applicable sections. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under applicable law.​

 

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless CanineIQ, its affiliates (including without limitation all affiliated professional entities), subsidiaries, and their directors, officers, employees, contractors, licensors, suppliers, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys, from and against any and all third-party suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including, without limitation, reasonable attorney fees, litigation expenses, and accounting fees), relating to or arising from, or alleged to arise from, your use of materials or features available on the Site, Programs, or Services in an unauthorized manner, fraud, violation of law, or willful misconduct, or any breach by you of these Terms.

 

MODIFICATIONS TO THE SITE

CanineIQ reserves the right, at any time and for any reason, to modify, or temporarily or permanently discontinue, the Site, Programs, or Services or any portion of them, with or without notice. You agree, except as provided herein, CanineIQ shall not be liable to you or to any third-party for any modification, suspension, or discontinuance of the Site or Services.

 

GOVERNING LAW, DISPUTE RESOLUTION, ARBITRATION, VENUE, AND SEVERABILITY OF PROVISIONS

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU AND CANINEIQ TO RESOLVE ALL DISPUTES BETWEEN THEM THROUGH BINDING, INDIVIDUAL ARBITRATION AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM CANINEIQ.

 

Binding Arbitration. 

Subject to the “Small-Claims Option” section below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before one arbitrator sitting in THE CITY AND COUNTY OF LARIMER, COLORADO. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of COLORADO. The decision of the arbitrator shall be in writing with written findings of fact and shall be final and binding on the parties. Company shall bear all of its own costs, as well as your reasonable outside attorney fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim or participate in any class-action claim of any kind or nature. This Section provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.

 

Small-Claims Option 

Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within [90] days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute (i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms).

 

NO WAIVER

No waiver by CanineIQ of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by CanineIQ to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

 

THE PARTIES’ RELATIONSHIP

Neither these Terms, nor any Content, materials or features of the Services create any partnership, joint venture, employment, fiduciary, or agency relationship between us and you. You may not enter into any contract on our behalf or bind us in any way.

 

REMEDIES

You agree any violation, or threatened violation, by you of these Terms constitutes an unlawful and unfair business practice that will cause us irreparable and unquantifiable harm. You also agree monetary damages would be inadequate for such harm and consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate. These remedies are in addition to any other remedies we may have at law or in equity.

 

ASSIGNMENT

You may not assign any of your rights under these Terms, and any such attempt will be null and void. CanineIQ and its affiliates may, in their sole and exclusive discretion, transfer, without further consent from or notification to you, all contractual rights and obligations pursuant to these Terms if some or all of the business of CanineIQ is transferred to another entity by way of merger, sale of its assets, or otherwise.

 

DIGITAL MILLENNIUM COPYRIGHT ACT

CanineIQ reserves the right to remove any Content or any other material or information available on or through our Site, at any time, for any reason. CanineIQ otherwise complies with the provisions of the Digital Millennium Copyright Act (“DMCA”) applicable to Internet service providers (17 U.S.C. § 512, as amended), and responds to clear notices of alleged copyright infringement. This Section describes the procedure that should be followed to file a notification of alleged copyright infringement with CanineIQ.

 

Notification of Claimed Copyright Infringement. If you have objections to copyrighted content or material made available on or through our Site, you may submit a notification to our Designated Agent at the following email address: [email protected]

 

Any notification to CanineIQ under 17 U.S.C. § 512(c) alleging copyright infringement must include the following information:

 

• An electronic or physical signature of the person authorized to act on behalf of the owner of the exclusive right being infringed;
• An identification of the copyrighted work or other intellectual property that you claim has been infringed or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
• An identification of the content or material that you claim is infringing and where it is located on our Site;
• Information sufficient for CanineIQ to contact you, such as your address, telephone number, and email address;
• A statement by you that you have a good-faith belief that the use of the content or material of which you are complaining is not authorized by the copyright owner, its agent, or the law; and
• A signed statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright owner or authorized to act on the copyright owner’s behalf.

 

Third Party Beneficiaries. 

These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.

 

How to Contact Us

Please contact us with any comments or questions at [email protected].