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Terms & Conditions of Purchase
Introduction.

 

Thank you for your support and interest in The Incredible K9 LLC. We are so thankful to have you as a part of The Incredible K9 LLC community!

 

Please review these Terms of Purchase very carefully. By purchasing our products and/or services, you are agreeing to these, and are expressing that you have been given reasonable access to review these terms prior to your purchase. These Terms are binding as of the date you purchase or access our products and/or services.

 

General Purpose.

 

These Terms are between you (“Purchaser,” “you,” “your”) and The Incredible K9 LLC (“Company,” “we,” “us,” “our”) for the purpose of purchasing or otherwise obtaining digital products, courses, and/or services (our “Products”) whether through the Company’s website at www.theincrediblek9.com or any related domains or subdomains (the “Website”), or in person. The Company and the Purchaser will collectively be referred to as “Parties,” and each individually as a “Party.”

 

By clicking “Add to Cart”, “Complete Order”, “Buy Now”, “Join Now”, “Enroll Now”, or any other phrase on the purchase button, submitting a payment electronically or in-person, or otherwise subscribing through the Website, you are agreeing to adhere to and be bound by following terms and conditions, together with the Terms of Use and the Privacy Policy, (the "Terms"): 

 

Scope of Products.

 

Our Products include but are not limited to: digital downloads, PDFs, templates, online courses, masterclasses, intensives, seminars, masterminds, workshops, in-person lessons, in-person programs, boarding, training, daycare, pet-sitting, and in-home dog care.

 

Product Delivery.

 

When you make a purchase and submit your payment, you will be provided with the Products and/or Service as detailed on the Website. Please note that product delivery will differ based on when you make your purchase and if it is a digital product or in-person service. For more information, please refer to the product and/or service description, and your receipt of purchase delivered by email. If the Product is listed as presale or pre-order, the order will be delivered as detailed on the Website. The Company will make all reasonable efforts to meet any estimated delivery dates. Should the Company be unable to meet estimated timelines for delivery of presale Products, the Company will have the sole discretion as to whether to issue a refund.

 

Disclaimer. 

 

You understand and agree that the content included or provided in any of the Products and/or Services is merely meant to be informational in nature and does not represent any level of legal, medical, financial, or other professional industry-specific advice. As such, our Company will not be responsible for any damages that result from the use of the Products and/or Services.

 

No Warranties + No Guarantees. 

 

We are providing the Products and/or Services on this Website on an “As-Is” basis for individual use by you at your own risk and without any warranties, whether express or implied, including, but not limited to warranties of title; merchantability; fitness for a particular use or a particular animal; or any rights or licenses in these Terms. The Company makes no warranty as to the accuracy and reliability of information set forth in the Products, the Website, and Company-related documentation. You understand and agree that purchasing a Product does not guarantee specific results, including results for you personally and/or for an animal. The information included in the Products is provided for informational purposes only and you are responsible for implementing any practices or suggested actions found within these Products.

 

Payment + Billing.

 

By providing the Company with your preferred payment method, you represent that you: (i) are authorized to use, and (ii) authorize the Company to charge that payment method (the “Authorized Payment Method”) for any fees related to your purchase of the Products, including without limitation fees relating to any paid feature of the Website and/or subscription service of the Company in which you have chosen to enroll (collectively, the “Fees”). If you are taking advantage of any limited time trial-period offer and you do not cancel the service on or before the last day of the trial period, you are authorizing us to charge your payment method for the service. Unless otherwise indicated, all Fees are in USD.

 

Refund Policy. 

 

Regarding any Product, we do not offer refunds for an incorrect purchase, a change of mind, or a lack of desire to try something that’s new and different from what you may have initially expected.

 

We want people to join our programs who are committed to taking action, and who are willing to innovate and evolve with their dog training techniques. We are here to support your success! We will provide whatever support you need to succeed, within the scope of the Product that you purchased.

 

We guarantee our proven behavioral training techniques and we want you to be satisfied with your purchase! We also know that success will hinge on whether you put in the work necessary to succeed. Therefore, we offer a 30-day Money-Back Guarantee, but you must demonstrate that you have completed the lessons and applied the training techniques taught within the Product purchased. To offer this 30-day Money-Back Guarantee, you must have met or exceeded the terms and conditions in this section, and then we are willing to offer a refund. 

 

To qualify for our 30-day Money-Back Guarantee for the Off-Switch System, Reactivity Resolutions, or The Ultimate Daily Discovery, you must submit the following evidence:

  1. Watch and complete all lessons within that Product.

    1. Verified by the Company.

  2. Answer all Reminders or Questions within the Product’s lessons.

    1. Verified by the Company.

  3. Submit the Behavioral Down Log (worksheet), with evidence that you have completed at least 8 Behavioral Downs (applicable to the Off-Switch System).

  4. In approximately 50-100 words, explain why you have not observed improvement in behavior even though you’ve applied/implemented the training techniques taught within the Product, with your dog.

 

To qualify for our 30-day Money-Back Guarantee for Behave Better Framework, you must submit the following evidence:

  1. Watch and complete all lessons within Behave Better Framework. 

    1. Verified by the Company.

  2. Answer all Reminders or Questions within Behave Better Framework lessons.

    1. Verified by the Company.

  3. Submit the following completed worksheets:

    1. Module 1-7 Milestones (found at the end of each Module)

    2. Melting the Mountain (MTM) PDF (found in Module 1)

    3. Behavioral Down Log, with evidence that you have completed at least 8 Behavioral Downs (found in Module 6).

  4. Show that you have asked for help or clarification, at least twice, via the Facebook community, during strategy/coaching calls, or via email about the challenge that you may have been having with your dog.

  5. In approximately 100-200 words total, answer the following 2 questions: 

    1. What techniques have been least valuable for creating a calmer and more relaxed dog? Why are they not as valuable for your dog?

    2. What techniques have been most valuable for creating a calmer and more relaxed dog? Why are they most valuable for your dog?

 

For any and all Products outlined within this section, this evidence must be emailed by 11:59 PM on or before the 30th day after purchase to the support team at: hello@theincrediblek9.com. That email must reference the Product, the date of purchase, your name, and the email address associated with the purchase. If you do not meet these terms completely, then you will not receive any refund. After you submit your evidence, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request. We will NOT provide refunds more than 30 days following the date of purchase. After day 30, all payments are non-refundable and fully owed. 

 

Upon determining that you are entitled to a refund pursuant to this refund policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

 

If you receive a refund of any purchase through this 30-day Money-Back Guarantee, that shall immediately terminate any and all licenses granted you to use the material provided to you under these Terms or any other agreement. You shall immediately cease using the material and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, forms, PDFs, slide shows, notes, membership areas, social media groups limited to paying members, and other resources.

 

Any Purchaser may redeem a 30-day Money-Back Guarantee from the Company only once, regardless of how many Products and/or services the customer purchases. In other words, after a Purchaser has received a refund for any one Product under this 30-day Money-Back Guarantee, that Purchaser shall not be entitled to a refund as to any other Product or service purchased from the Company.

 

Please do not enroll in any Product or program if you just want to "check it out." We put an extraordinary amount of time and effort into our Products and programs, and we expect you to do the same. Thank you for your understanding. If you have any questions or problems, please let us know by contacting our support team directly. The support team can be reached at: hello@theincrediblek9.com

 

Subscriptions + Subscription Cancellations.

 

When you purchase any Products on an ongoing subscription/payment plan basis (for example: monthly, quarterly, or annual payments), you are authorizing the Company to process incurred and recurring Fees until the subscription/payment plan is terminated and/or all outstanding fees have been paid in full. You must keep a valid Authorized Payment Method on file with the Company. Recurring payments are billed on a “Billing Date”/on the initial date of purchase, then again 30 days after the Billing Date, and onward for the months that follow. If we are unable to successfully process a payment of the Fees using your Authorized Payment Method, we will make a second attempt to process payment 2 days later, then we will make a final attempt 2 days following the second attempt, if the second attempt is unsuccessful. If the final attempt is unsuccessful, we reserve the right to suspend or revoke your subscription/access to the Product until all current and outstanding Fees are paid. If outstanding Fees remain unpaid for 90 days following the suspension date, the Company reserves the right to refer your account to collections. The Purchaser has 30 days to notify the Company of any issues with recurring payments.

 

You are required to complete all payments for the subscription/payment plan period you committed to at purchase. If any payment is returned unpaid or the payment method is rejected during the subscription/payment plan period, the Company or its service providers reserve the right to collect any applicable fees as permitted by law. If you fail to make any payment on time and fail to correct such missed payment within 30 days, or if you fail to make any 2 payments on time, then the Company is permitted to cancel your participation in the program by providing written notice at the email address provided by you. Upon cancellation, you agree and promise to pay the Company a cancellation fee as damages equal to (i) the amount of any missed payments, plus (ii) 50% of the remaining amounts due under the Agreement. The cancellation fee is due immediately, and the Company is authorized to use any credit card or bank account on file to collect such fee. The Company will have no further obligations to perform under these Terms following cancellation. If the subscription/payment plan is on-going, then at the end of the subscription/payment plan period, the subscription service will auto-renew on a monthly basis and may be canceled at any time in writing by emailing the support team at: hello@theincrediblek9.com

 

Chargebacks. 

 

By attempting a chargeback with your financial institution, you are expressly agreeing to pay the full cost of your original purchase, plus any fees or associated costs incurred by the Company. We have the right to present these Terms to your financial institution, any payment processing company and/or investigating agency concerning the attempted chargeback or financial dispute. 

 

Promotions + Discounts.

 

We may occasionally market and/or advertise promotions, discounts, limited time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Products. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you credit, return a portion of your purchase, etc.

 

License for Use.

 

By purchasing Products through our Website, you are agreeing to the Terms of Purchase and, in return, we are providing you with a limited, non-transferable, non-exclusive, revocable, personal-use license (“License”) to use the Products by yourself only. Sharing, copying, reproducing, modifying, publishing, selling, or otherwise distributing the Products, whether publicly or privately, is expressly prohibited. You may print instructional materials, information, and guides within the Products for personal use, provided that all original formatting, copyright and trademark notices, and branding remains intact. Your limited license allows you to use the Products and any associated materials for yourself only. By purchasing a Product, you agree (1) not to infringe any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any Confidential Information shared by the Company is confidential and proprietary, and belongs solely and exclusively to the Company, (3) you agree not to disclose such information to any other person or use it in any manner other than in discussion with the Company. If you have multiple team members who would need access to the Products, you must purchase an additional License for each member of your team and ensure they are aware of these Terms of Purchase. Further, by purchasing a Product, you agree that if you violate, or display any likelihood of violating, any agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

 

Intellectual Property.

 

The Company owns and retains all rights, titles, and interests in and to the Products. Nothing in these Terms transfers any intellectual property ownership beyond the limited license described in the above section, and we reserve all rights not expressly granted to you. 

 

Consent to Use. 

 

By submitting reviews, images, comments, feedback, stories, testimonials, or tags (“Submissions”) to us on any platform including, but not limited to social media and online reviews, you are by default granting us a commercial license and voluntarily releasing us to use your Submissions for any reasonable future business use. In doing so, we may use your name {and/or photo} along with any other publicly acknowledged information that has been revealed by you when referring to your Submissions on our Website, marketing materials, guides, videos, and any other platform not expressed in these Terms.

 

I hereby assign and grant to the Company the right and permission to use, reproduce, distribute, and publish the photograph(s), film(s), videotape(s), audio and video recording(s), electronic representation(s) and/or sound recording(s) made of me and/or my dog(s) at any time. I hereby release the Company from any and all liability resulting from such use, reproduction, distribution, and publication.

 

I hereby authorize the reproduction, sale, distribution, copyright, exhibit, broadcast, and/or electronic storage of any and all such photograph(s), film(s), videotape(s), audio and video recording(s), electronic representation(s) and/or sound recording(s) without limitation at the sole discretion of the Company and I specifically waive any right to any compensation I may have for any of the foregoing.

 

Non-Compete.

 

For a period of 1 year after you purchase Products from this Website or otherwise agree to these Terms, you understand and agree that you may not provide any services, engage in any aspect of business, and/or represent yourself and/or your business as an online dog trainer in a way that would be considered similar in nature to the Company or its online offerings. This includes offering online products that are seen as similar to the Products you purchased from the Company throughout the United States of America and its territories without the prior written consent of the Company.

 

Age Limitations.

 

You acknowledge you are able to perform any and all of the obligations required under these Terms of Purchase. By submitting payment or otherwise enrolling through the Website, you warrant that you meet all legal age limits in your jurisdiction that are required to use this Website and/or purchase Products.

 

Changing Terms.

 

We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms of Purchase indicates your acceptance and agreement to the changes.

 

Privacy + Protection of Personal Information.

 

We respect your privacy and are committed to protecting it. We may use certain information that we collect from you to operate The Incredible K9 LLC and provide our Products. Please review our Privacy Policy to understand the types of data we collect from you and your devices (“Data”) in connection with your purchase of Products through the Website and how we use your Data.

 

Error in Store Presentation. 

 

We strive to present information that is published correctly and update the Website regularly in a way that allows us to correct any resulting errors. However, any of the content on the Website may, at any given time, be incorrect or out-of-date. We reserve the right to make changes to Product prices, specifications, processes, Promotions, availability, and to the Website as a whole at any time under any circumstance. 

 

Termination of Use. 

 

We may terminate your account or restrict your use of the Website at any time for any reason. Under these Terms, you understand that you are responsible for any orders and purchases you make or charges you incur prior to such termination. The company may change, discontinue, or otherwise suspend the Website for any reason, at any time, and without prior notice to the Purchaser. 

 

Limitation of Liability. 

 

The Company is in no way liable to the Purchaser or any other third party for any and all damages including, but not limited to, punitive or exemplary damages or those resulting from negligence relating to these Terms, regardless of whether the Purchaser was advised of such damages, the foreseeable nature of the damages, and the legal or equitable theory upon which the claim for damages is based. 

 

The Purchaser agrees that all animals may exhibit unpredictable behaviors and that the Company will not be liable for the actions of any animal. The Purchaser agrees to indemnify and hold the Company harmless from and against any and all claims of injury, expense, costs, loss or damages caused by the actions of an animal. The Purchaser agrees that the recommendation by the Company of any Product or Service is not a guarantee of performance or satisfaction with that Product or Service.

 

This Limitation of Liability provision does not purport to affect any liability that cannot be excluded or limited under the law. 

 

Maximum Damages. 

 

Our entire maximum liability and your sole remedy for any actions or claims shall be limited to the actual amount paid by you for the Products you have purchased through the Website. 

 

Binding Arbitration.

 

In the event there is a dispute between the Parties that cannot be brought to an amicable mutual understanding, the Parties understand and agree that such dispute will be handled through binding arbitration in alignment with the rules of the American Arbitration Association. The Parties understand that they will be bound by any decision rendered by the arbitrator and/or arbitration proceedings. The arbitration itself will be held in Centre County, Pennsylvania. If the arbitration is unable to move forward in the designated jurisdiction, the Company will unilaterally elect another venue for the arbitration. The Parties will equally share in the costs and expenses of arbitration and any related proceedings.

 

Choice of Law.

 

These Terms and the Parties’ relationship are governed by the laws of the State of Pennsylvania. In the event of conflicting laws, the laws of the State of Pennsylvania will control.

 

Notices.

 

We may provide notice to you by: (i) sending a message to the email address provided by you, or (ii) by posting to the Website. Notices sent by email will be effective at the time of sending and notices posted to the Website will be effective upon posting. You may provide notice to the Company by certified mail to The Incredible K9 LLC, 110 Whitman Circle, Pleasant Gap, PA, 16823. Notices provided by certified mail will be effective upon actual receipt of the notice.

 

Severability + No Waiver. 

 

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court with jurisdiction, all other provisions set forth in these Terms will remain valid and enforceable. By failing to enforce any right or provision of these Terms, we are not waiving the right or ability to enforce the same rights or provisions in the future. Any right or provision in these Terms will only be considered waived if done so in writing by an authorized representative of the Company. 

 

Transfer + Assignment. 

 

You may not transfer or assign any of your rights under these Terms to any third party without the express written consent of the Company. 

 

Force Majeure. 

 

To the extent that any failure or delay in our delivery of the Products under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage. 

 

Headings for Convenience Only. 

 

The headings in these Terms are included for convenience and reference, and are not meant to describe, define, or limit the scope or intent of any provision. 

 

Entire Agreement + All Rights Reserved. 

 

In concluding these Terms, you understand and acknowledge that these Terms constitute the final agreement and supersede all others regarding the purchase, sale, and use of any Products and the use of the Website. The Company reserves any and all rights not expressly granted in these Terms.

 

Last updated on November 15, 2022

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