TERMS OF SERVICE

Terms of Use

Effective date: May 15, 2021

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE PRIOR TO EXPLORING OUR WEBSITE OR PURCHASING OUR SERVICES. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

Section 1 – Introduction & Consent to Terms

Welcome to Canine Handler Fitness (referred to herein as “Canine Handler Fitness”, “we”, “us”, or “our”) Terms of Use (referred to herein as the “Terms” or the “Agreement”).

If you do not agree to these Terms, we ask that you please not use our Website, app or participate in any courses. Your use of our Website, app or participating in any courses constitutes acceptance of these Terms.

These Terms apply to all users of our website (“Website”), our mobile website, our social media accounts, or other platforms now or hereinafter created (our “Platform”), and anyone who purchases our Services. By using our Platform or purchasing our Services, you agree to be bound by these Terms.

If you are using our Website or purchasing our Services on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.

We reserve the right to modify the contents of these Terms at any time. You agree that it is your responsibility to monitor changes to these Terms. Any modification to these Terms will be notated at the top of these Terms.

Section 2 – What We Do

Canine Handler Fitness is an app designed to help users with their fitness routines and train their bodies in a mindful manner.

Section 3 – Canine Handler Fitness Intellectual Property

The contents of our Website and Platform are protected by United States and international copyright laws. The contents of our Website and Platform are owned exclusively by Canine Handler Fitness. You may not, and may not cause or encourage others to reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Platform or Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to Canine Handler Fitness.

Canine Handler Fitness and its name, logos, slogans, or otherwise are trademarks or service marks (“Marks”) of Canine Handler Fitness. All rights in these Marks are reserved by Canine Handler Fitness. You may not use any Canine Handler Fitness-provided Marks or other logos or graphics, without our prior written consent.

We grant you a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website and Platform. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

Any unauthorized use by you of the Website or Platform automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

Section 4 – Privacy Policy

1. Introduction. In order to operate and provide the best experience on the Platform and our Website, Canine Handler Fitness may collect certain information about you. You acknowledge that when you use our Website and/or Platform, Canine Handler Fitness may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of the Platform and purchase of our Services. By using the Platform and our Services, you consent to all reasonable actions taken by Canine Handler Fitness with respect to your information.
2. Information Provided by You. You can provide us information through various means using our Platform. We collect personal information, which identifies you as an individual, or you as an entity, if you are one. The information we collect may include the following: name, address, telephone number(s), email address(es), and inferences drawn from any or all of the foregoing. This information is collected directly from you when you visit our Website or purchase our Services.
3. Information We Automatically Collect from You. Our website is built on the WordPress website building and hosting platform which, by using their tools, automatically collects certain information including your Internet Protocol address, browser type, computer type, type of mobile device, mobile carrier, computer operating system, the site from where you navigated to our Digital Platforms, the time and date of using the Digital Platforms, whether you are a repeat visitor, how long you use the Digital Platforms and the pages that you view.
4. To Provide Services and Information. We use your personal information to provide our Services to you, contact you regarding promotions and other services, and other administrative information, and respond to your inquiries, comments, reviews, etc. We will never use or sell your personal information for any other reason.
5. Targeted Advertising. We may work with third-party advertising companies or social media networks to serve advertisements for us. These companies may use cookies and other technologies to collect device identifiers, online or network activity information, commercial information, or inferences, such as information about other websites you visit over time and the advertisements you click on, in order to deliver advertisements that are targeted to you. You can opt out of this form of targeted advertising from the companies we work with by changing your settings on your computer or mobile phone.
6. Other Purposes. We may use non-personal information for other purposes, except when not permitted by applicable law. We may use analytics services, such as Google Analytics, on our website, our social media pages, or our mobile website to help us evaluate and analyze how visitors use our Platform. For specific details on how Google collects and uses information on our website, social media pages, or mobile applications, please visit Google’s website.
7. Opt-Out. You can opt out of receiving marketing emails from Canine Handler Fitness by using the unsubscribe feature contained in the e-mails or by Contacting us. Please note that if your opt-out request is specific to the particular type of email communication you receive from us, you will not receive that specific type of email but may receive other types of emails.

Canine Handler Fitness will not willingly lease, sell or distribute your personal information to any third parties, unless we have your permission. However, we might do so if the law forces us. Your personal information may be used when we need to send you promotional materials if you agree to this privacy policy.

We genuinely respect your privacy—feel free to Contact us at any time.

Section 5 – Copyright Infringement

If you believe that your copyright has been infringed by Canine Handler Fitness, please immediately send us a notice by Contacting us. We respond to notices of copyright infringement immediately and take any such allegations seriously.

In your email, please include the following:

• Identification of the copyrighted work(s) that you claim has been infringed;
• A description of the material that you claim is infringing and the location of that material;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

We will respond to any such claims within seventy-two (72) hours of receipt and will expeditiously remove any allegedly infringing material unless we have justification to believe that the claim is meritless.

Section 6 – Term & Errors

Occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to descriptions, pricing, promotions, and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or change Services if any information is inaccurate at any time (including after you have agreed to our Services).

Section 7 – Disclaimer

Our website, Platform, and Services are provided ‘as is’ and Canine Handler Fitness and its directors, officers, employees, agents, representatives, licensors, third party providers, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of the Platform, our website, or our services. We are not responsible for any injuries incurred by you as a result of the use of any program, and specifically to do with “strength training”, “speed training”, “cardio training”, “core”, “mobility”, “flexibility, “injury-prevention”, or “pain.”

Section 8 – Limitation of Liability

Canine Handler Fitness shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms.

WE SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED THE TOTAL AMOUNT YOU PAID CANINE HANDLER FITNESS FOR THE SERVICES.

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE, OUR SERVICES, OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR SERVICES, TERMINATION IS YOUR SOLE REMEDY.WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

Section 9 – Indemnification

You agree to defend, indemnify and hold Canine Handler Fitness, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages, or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website or Platform in violation of any law, rule, regulation, (ii) your breach of these Terms; or (iii) arising out of your Submission.

Section 10 – General Provisions

1. Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and Canine Handler Fitness.
2. Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of California. Any dispute arising from this Agreement shall be subject to binding arbitration. The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division. Canine Handler Fitness and you agree that any such final decisions may be presented to a court of competent jurisdiction for purposes of being confirmed as a judgment enforceable under the law in which that party is domiciled or where their headquarters are located.
3. Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable.If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
4. Refunds. There are no refunds for any services purchased through Canine Handler Fitness.

Section 12 – Questions

If you have any questions or comments regarding these Terms, please feel free to contact us by visiting the Contact page.