ONLINE PURCHASING TERMS (for buying product from our site)
Introduction- Buyer agrees to the terms and conditions outlined here with respect to the goods, services and information provided by or through this Site. This terms and conditions constitutes the entire and only agreement between Tawzer Dog LLC and Buyer. Buyer agrees to review the Online Purchasing Terms & Conditions prior to purchasing anything and purchase of a good or service shall be deemed acceptance of these Terms and Conditions.
Set Up and Payment- Buyer represents and warrants that the credit card information supplied is true, correct and complete and charges incurred by the Buyer will be honored by the Buyer's credit card company and Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer agrees to keep his or her password confidential and to notify Tawzer Dog LLC within 24 hours of any unauthorized use of the password.
Home Video License- DVD’s produced by Tawzer Dog Videos or Tawzer Dog LLC contain Trademarks, Copyrights and/or Intellectual Property either owned by Tawzer Dog LLC or licensed to Tawzer Dog LLC by other Author’s, Speakers, Trainers or Suppliers. Buyer’s purchase of a DVD produced by Tawzer Dog LLC is for home video use and made subject to the following conditions:
Copyright- The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the Site is prohibited.
Modification- Tawzer Dog LLC reserves the right in its sole discretion to edit or delete any information or content appearing on the Site and to remove any goods and services for sale. Modification of these Terms & Conditions will be deemed effective upon publication on the Site with respect to transactions occurring after said date.
Right to Refuse- Tawzer Dog LLC reserves the right in its sole discretion to refuse service at any time. Sale of any goods or services is subject to availability.
Indemnification- Buyer agrees to indemnify, defend and hold Tawzer Dog LLC and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to a Buyer's violation of these Terms & Conditions or use of the Site.
Refund Policy- If a product purchased is defective, Buyer can return the product in its original condition within 30 days of receipt. In such event, Tawzer Dog LLC shall provide Buyer a replacement of returned item.
Online Purchasing Terms Acknowledgement- These Online Purchasing terms & Conditions represents the entire understanding between you and us regarding your relationship to Online Purchasing and Home Video License and supersedes any prior statements or representations. If you do not agree please log off the system.
RENTAL MEMBERSHIP TERMS (for use of renting DVDs from our site)
Introduction- Welcome to Tawzer Dog LLC DVD Rental Membership! We start every new subscriber relationship with a terms & conditions contract. The following contract spells out what you can expect from us, and what we expect from you. If you agree to what you read below, you should click "I agree" at the end of the contract to acknowledge that you have agreed. We intend this to be the legal equivalent of your signature on a written contract, and equally binding. Only by clicking “I agree” will you be able to access and use the services available on this Website.
Access & Services- Your access to the various services available on this system depends on the level of access you select. You may change or discontinue your account at any time. We reserve the right to modify, suspend or terminate access to the service on our system at any time for any reason without notice or refund, including the right to require you to change your login identification code or password. We also reserve the right to delete all program and data files associated with your account and/or other information you have on our system.
Fees & Payments- By starting your Tawzer Dog LLC rental membership, you are expressly agreeing that we are authorized to charge you a monthly membership fee at the then current rate plus any applicable tax, and any other charges you may incur in connection with your use of the www.tawzerdog.com service to the Payment Method you provided during registration (or to a different Payment Method if you change your account information). We will charge you a standard monthly fee for your rental membership based on the membership level you’ve chosen. Additional charges outside of your rental membership may include Streaming access, Product or DVD Purchases, Gift Subscription Purchases you make, DVDs you fail to return upon membership cancellation or termination or membership level changes you request. Please note that prices and charges are subject to change with notice. Monthly rental membership fees will be billed on the same day of each month as the date membership started and until you cancel your membership. For example if your membership start date was January 16th your next monthly membership fee will be billed on February 16th. In the event your paying membership began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. You acknowledge that the amount billed each month may vary from month to month if there are differing amounts due to you choosing to upgrade your membership plan or charges for lost DVDs or DVDs not returned upon cancellation or termination of your membership, and you authorize us to charge your Payment Method for such varying amounts. All fees and charges are fully earned upon payment. Payments are nonrefundable and THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. If your Payment Method reaches its expiration date and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing that Payment Method and you remain responsible for any uncollected amounts. You should review the complete and current price list before signing up for any services. You will be given the opportunity to pay by credit card when you sign up. You can cancel your account at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month for which you discontinued service. We reserve the right to change our fees at any time for any reason, but, whenever possible, we will give you at least one month's advance notice of such change.
System Rules- You agree to be bound by certain rules that are important for the proper use of this service. Your failure to follow these rules, whether listed below in the contract or in bulletins posted at various points in the system, may result in termination of your service. First, do not tell others your password or let your account be used by anyone except yourself. Second, do not attempt to log in more than once at the same time on any given account without specific permission of one of our operators. Third, while you should feel free to express yourself, you should respect other users of the system and not do anything to attack or injure others. Fourth, do not use our system to commit a crime, or to plan, encourage or help others commit a crime, including crimes relating to computers.
Limitation of Liability- You must bear the risk of any liability relating to your use of our system. We would not be able to afford to operate this system if we were held accountable for every wrongful action by every online subscriber. ACCORDINGLY, YOUR USE OF THE ONLINE SYSTEM IS ENTIRELY AT YOUR SOLE RISK. WE WILL NOT BE RESPONSIBLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT OR INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES OR LOSSES YOU MAY INCUR IN CONNECTION WITH OUR SYSTEM, YOUR USE THEREOF OR ANY OF THE DATA OR OTHER MATERIALS TRANSMITTED THROUGH OR RESIDING ON OUR SYSTEM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF WE HAVE ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
Indemnity- You shall defend and indemnify us and hold us harmless from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees), relating to any acts by you or materials or information transmitted by you in connection with our system, leading wholly or partially to claims against us or our system by other subscribers or third parties, regardless of the type of claim or the nature of the cause of action.
Disclaimers of Warranty- THE SYSTEM IS PROVIDED "AS IS" AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY, CONDITION, GUARANTY, OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY THE SERVICE.
Choice of Law- You agree that this Agreement shall for all purposes be governed by and construed in accordance with the laws of the State of Idaho, and that any action arising out of this Agreement shall be litigated and enforced under the laws of the State of Idaho. In addition, you agree to submit to the jurisdiction of the courts of the Idaho, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of the State of Idaho.
Acknowledgement- This Agreement represents the entire understanding between you and us regarding your relationship to Rental Membership and supersedes any prior statements or representations. IF YOU AGREE TO BE BOUND BY THE TERMS OF THIS ONLINE RENTAL MEMBERSHIP AGREEMENT, please click the "I agree" button when signing up. If you do not agree to the terms of the Rental Membership Agreement, please click the “No” button to log off the system.
WEBSITE TERMS OF USE (rules and conduct standards for using our site)
ACCEPTANCE OF TERMS-The services that Tawzer Dog LLC provides to User is subject to the following Terms of Use ("TOU"). Tawzer Dog LLC reserves the right to update the TOU at any time without notice to User. The most current version of the TOU can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of our Web pages. This Agreement, which incorporates by reference other provisions applicable to use of www.tawzerdog.com, including, but not limited to, supplemental terms and conditions set forth hereof ("Supplemental Terms") governing the use of certain specific material contained in www.tawzerdog.com, sets forth the terms and conditions that apply to use of www.tawzerdog.com, by User. By using Tawzer Dog LLC (other than to read this Agreement for the first time), User agrees to comply with all of the terms and conditions hereof. The right to use www.tawzerdog.com is personal to User and is not transferable to any other person or entity. User is responsible for all use of User's Account (under any screen name or password) and for ensuring that all use of User's Account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of User's password(s), if any. Tawzer Dog LLC shall have the right at any time to change or discontinue any aspect or feature of www.tawzerdog.com, including, but not limited to, content, hours of availability, and equipment needed for access or use.
CHANGED TERMS-Tawzer Dog LLC shall have the right at any time to change or modify the terms and conditions applicable to User's use of www.tawzerdog.com, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on www.tawzerdog.com, or by electronic or conventional mail, or by any other means by which User obtains notice thereof. Any use of www.tawzerdog.com by User after such notice shall be deemed to constitute acceptance by User of such changes, modifications or additions.
DESCRIPTION OF SERVICES-Through its Web property, Tawzer Dog LLC provides User with access to a variety of resources, including download areas, communication forums and product information (collectively "Services"). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to the TOU.
USER CONDUCT-User shall use www.tawzerdog.com for lawful purposes only. User shall not post or transmit through www.tawzerdog.com any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without Tawzer Dog LLC 's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in Tawzer Dog LLC 's discretion restricts or inhibits any other User from using or enjoying www.tawzerdog.com will not be permitted. User shall not use www.tawzerdog.com to advertise or perform any commercial solicitation, including, but not limited to, the solicitation of users to become subscribers of other on-line information services competitive with Tawzer Dog LLC.
Www.tawzerdog.com contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of www.tawzerdog.com are copyrighted as a collective work under the United States copyright laws. Tawzer Dog LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of Tawzer Dog LLC and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
User shall not upload, post or otherwise make available on www.tawzerdog.com any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of www.tawzerdog.com , User automatically grants, or warrants that the owner of such material has expressly granted Tawzer Dog LLC the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants Tawzer Dog LLC the right to edit, copy, publish and distribute any material made available on www.tawzerdog.com by User.
The foregoing provisions are for the benefit of Tawzer Dog LLC, its subsidiaries, affiliates and its third party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
USE OF SERVICES-The Services may contain email services, posting movies reviews, chat areas, news groups, forums, blog, calendars and/or other message or communication facilities designed to enable User to communicate with others (each a "Communication Service" and collectively "Communication Services"). User agrees to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, User agrees that when using the Communication Services, User will not:
Tawzer Dog LLC has no obligation to monitor the Communication Services. However, Tawzer Dog LLC reserves the right to review materials posted to the Communication Services and to remove any materials in its sole discretion. Tawzer Dog LLC reserves the right to terminate User’s access to any or all of the Communication Services at any time, without notice, for any reason whatsoever. Tawzer Dog LLC reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tawzer Dog LLC's sole discretion.
Materials uploaded to the Communication Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials. Always use caution when giving out any personally identifiable information in any Communication Services. Tawzer Dog LLC does not control or endorse the content, messages or information found in any Communication Services and, therefore, Tawzer Dog LLC specifically disclaims any liability with regard to the Communication Services and any actions resulting from User’s participation in any Communication Services. Managers and hosts are not authorized Tawzer Dog LLC spokespersons, and their views do not necessarily reflect those of Tawzer Dog LLC.
MEMBER ACCOUNT, PASSWORD, AND SECURITY-If any of the Services requires User to open an account, User must complete the registration process by providing Tawzer Dog LLC with current, complete and accurate information as prompted by the applicable registration form. User also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of User’s password and account. Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Tawzer Dog LLC immediately of any unauthorized use of User’s account or any other breach of security. Tawzer Dog LLC will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Tawzer Dog LLC or another party due to someone else using User’s account or password. User may not use anyone else's account at any time, without the permission of the account holder.
MATERIALS PROVIDED TO TAWZER DOG LLC OR POSTED AT ANY OF ITS WEBSITES- Tawzer Dog LLC does not claim ownership of the materials User provide to Tawzer Dog LLC (including feedback and suggestions) or post, upload, input or submit to any Services or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") User’s Submission User is granting Tawzer Dog LLC, its affiliated companies and necessary sublicensees permission to use User’s Submission in connection with the operation of their Internet businesses (including, without limitation, all Tawzer Dog LLC Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Submission; to publish User’s name in connection with User’s Submission; and the right to sublicense such rights to any supplier of the Services.
No compensation will be paid with respect to the use of User’s Submission, as provided herein. Tawzer Dog LLC is under no obligation to post or use any Submission User may provide and Tawzer Dog LLC may remove any Submission at any time in its sole discretion. By Posting a Submission User warrants and represents to own or otherwise control all of the rights to User’s Submission as described in these Terms of Use including, without limitation, all the rights necessary for User to provide, post, upload, input or submit the Submissions.
In addition to the warranty and representation set forth above, by Posting a Submission that contain images, photographs, pictures or that are otherwise graphical in whole or in part ("Images"), User warrant and represent that (a) User is the copyright owner of such Images, or that the copyright owner of such Images has granted User permission to use such Images or any content and/or images contained in such Images consistent with the manner and purpose of User’s use and as otherwise permitted by these Terms of Use and the Services, (b) User have the rights necessary to grant the licenses and sublicenses described in these Terms of Use, and (c) that each person depicted in such Images, if any, has provided consent to the use of the Images as set forth in these Terms of Use, including, by way of example, and not as a limitation, the distribution, public display and reproduction of such Images. By Posting Images, User is granting (a) to all members of User’s private community (for each such Images available to members of such private community), and/or (b) to the general public (for each such Images available anywhere on the Services, other than a private community), permission to use User’s Images in connection with the use, as permitted by these Terms of Use, of any of the Services, (including, by way of example, and not as a limitation, making prints and gift items which include such Images), and including, without limitation, a non-exclusive, world-wide, royalty-free license to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat User’s Images without having User’s name attached to such Images, and the right to sublicense such rights to any supplier of the Services. The licenses granted in the preceding sentences for a Images will terminate at the time User completely remove such Images from the Services, provided that, such termination shall not affect any licenses granted in connection with such Images prior to the time User completely remove such Images. No compensation will be paid with respect to the use of User’s Images.
LINKS TO THIRD PARTY SITES-THE LINKS IN THIS AREA WILL LET YOU LEAVE TAWZER DOG LLC'S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF TAWZER DOG LLC AND TAWZER DOG LLC IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. TAWZER DOG LLC IS NOT RESPONSIBLE FOR WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE. TAWZER DOG LLC IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY TAWZER DOG LLC OF THE SITE.
Tawzer Dog LLC is on some product a distributor (and not a publisher) of content supplied by third parties and Users. Accordingly, Tawzer Dog LLC has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other user of www.tawzerdog.com, are those of the respective author(s) or distributor(s) and not of Tawzer Dog LLC. Neither Tawzer Dog LLC nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose.
In many instances, the content available through www.tawzerdog.com represents the opinions and judgments of the respective information provider, User, or other user not under contract with Tawzer Dog LLC. Tawzer Dog LLC neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on www.tawzerdog.com by anyone other than authorized Tawzer Dog LLC employee spokespersons while acting in their official capacities. Under no circumstances will Tawzer Dog LLC be liable for any loss or damage caused by a User's reliance on information obtained through www.tawzerdog.com. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Tawzer Dog LLC. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.
MONITORING-Tawzer Dog LLC shall have the right, but not the obligation, to monitor the content of www.tawzerdog.com, including reviews and blog comments, to determine compliance with this Agreement and any operating rules established by Tawzer Dog LLC and to satisfy any law, regulation or authorized government request. Tawzer Dog LLC shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on www.tawzerdog.com. Without limiting the foregoing, Tawzer Dog LLC shall have the right to remove any material that Tawzer Dog LLC, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
INDEMNIFICATION-User agrees to defend, indemnify and hold harmless Tawzer Dog LLC, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of Tawzer Dog LLC by User or User's Account.
TERMINATION-Either Tawzer Dog LLC or User may terminate this Agreement at any time. Without limiting the foregoing, Tawzer Dog LLC shall have the right to immediately terminate User's Account in the event of any conduct by User which Tawzer Dog LLC, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement.
MISCELLANEOUS-This Agreement and any operating rules for www.tawzerdog.com established by Tawzer Dog LLC constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be construed in accordance with the laws of the Idaho, U.S, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
COPYRIGHT NOTICE-Tawzer Dog LLC, its logos are trademarks of Tawzer Dog LLC. All rights reserved. All other trademarks appearing on Tawzer Dog LLC are the property of their respective owners.
TRADEMARKS-The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, email addresses, logos, people and events depicted herein are fictitious. No association with any real company, organization, product, domain name, email address, logo, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.