Terms & Conditions of Use
The following Terms and Conditions together with any documents or policies they expressly incorporate by refence (collectively, these “Terms”) are entered into by and between you (the “Client”, “prospective Client”, “user”, or “visitor”) and Raising Fido Inc. (the “Company”, “we”, or “us”). This sets forth the terms and conditions that govern your access to, participation in, or use of raisingfido.com, raisingfidodogtraining.com (collectively the “Website”), raisingfido.portal.gingrapp.com (the “Client Portal”), as well as any products and services offered by the Company.
Website, Client Portal, Services, and Binding of Terms & Conditions
The Website and the Client Portal offers users dog training and behaviour advice, resources, and services. By accessing or using the Website and/or Client Portal, you acknowledge that you have read, understood, and agree to be bound by these Terms.
This Client Portal is offered and available to users who are 18 years of age or of the legal age of majority in your jurisdiction. By using the Client Portal, you represent and warrant that you are of legal age and authority to enter into these Terms to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Client Portal.
Right to Change or Modify Terms and Conditions
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access and use of the Website, the Client Portal, and/or any services provided by the Company thereafter. Your continued use of the Website, the Client Portal, and/or services provided by the Company following the posting of revised Terms means that you accept and agree to the changes. The most current version of the Terms will supersede all previous versions. You are expected to check for revisions from time to time so that you are aware of any changes, as they are binding on you.
Right to Change or Modify Offering
We may, without prior notice, change the services, stop providing services or any features of the services we offer, or create/change limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason, or for no reason.
Accessing the Website, the Client Portal, and Account Security
We reserve the right to withdraw or amend the Website, the Client Portal, and/or any service or material we provide in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Client Portal is unavailable at any time or for any period. From time to time, we may restrict access to the Website, or the Client Portal, in part or in its entirety to users, including account holders.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Client Portal or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to your account, use of your username, password, or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.
The Website, Client Portal, and all associated platforms are controlled, operated and administered by the Company from our office in Calgary, Alberta, Canada. If you access the Website from a location outside this jurisdiction, you are responsible for compliance with all local laws. You agree that you will not use the Company content accessed through the Website in any country or in any manner where prohibited by any applicable laws, restrictions or regulations.
Email and Other Electronic Communications
Using the Website, the Client Portal, or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, the Client Portal, and on the Website, satisfy any legal requirement that such communications be in writing.
Promotional Emails and Content
You agree to receive from time-to-time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time via email or unsubscribe where applicable.
You give Raising Fido Inc. permission to publish in print, electronic, or video format the likeness or image of you and/or your dog and/or anyone accompanying you during training including minor children. You release all claims against Raising Fido Inc. with respect to privacy rights, publicity rights, copyright ownership and publication, including any claim for compensation related to use of the materials.
Paid Services and Associated Material Use
The Company uses the Website to advertise various classes, courses, and programs, for sale which are available for purchase by you through your account on the Client Portal. Paid services or products require advance payment to be collected prior to providing any portion of a service or product to you.
The Company grants you a limited, personal, non-exclusive, non-transferable license to use material you have obtained as a participant in a class, course, or program (collectively the “Courses”) for your own personal use. Except as otherwise provided, you acknowledge and agree that you have no right to sell, share, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses’ content or material in any manner.
By purchasing or participating in Courses, you further agree that you shall not create any derivative work based upon the Courses and you shall not offer any competing products or services based upon any information contained in the Courses within the city of Calgary.
Key Commercial Terms
Payments services are required at the time of booking confirmation. Payments for products are required at the time of sale. When purchasing a service or merchandise, you agree that: (i) you are responsible for reading all information provided on the item listing/packaging before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase a service when you commit to buy an item and the check-out payment process is completed.
The prices we charge for services can be found on the Website and the Client Portal. Merchandise is only available to purchase in store and prices are listed on each individual retail product. We reserve the right to change our prices for services and/or merchandise displayed at any time, and to correct pricing errors that may inadvertently occur.
Cancellations, Returns and Refunds
The Company does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances. The Company’s Refund Policy maintains that refunds may only be granted if you send a cancellation notice in writing via email at least 5 business days prior to your scheduled service and the Company is able to backfill your spot prior to the start of the service. If both of those conditions are satisfied, you will be refunded your purchase price for the service minus a $35 administration fee. No refunds will be provided if your access to the scheduled service is restricted or removed for any reason, or if you are dissatisfied with the service for any reason. No refunds will be provided on merchandise purchased, but exchange within 30 days will be permitted at no extra cost presuming the merchandise still has original packaging and is still in new condition in our opinion.
The Company makes no warranties regarding the performance or operation of the Website or Client Portal. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through the Website, the Client Portal, shared during performance of services, or made available for purchase. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Ownership of Intellectual Property, Copyrights, and Logos
The Service and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Raising Fido Inc. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works thereof.
No Unlawful or Prohibited Use and Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the Client Portal strictly in accordance with these Terms. As a condition of your use of the Website and the Client Portal, you warrant to the Company that you will not use the Website or Client Portal for any purpose that is unlawful or prohibited by these Terms.
You may not use the Website or Client Portal in any manner which could damage, disable, overburden, impair, or interfere with any other party's use and enjoyment of the Website or Client Portal. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or Client Portal.
All content included as part of the Service, such as text, graphics, logos, images, software, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, as well as the compilation thereof, used on the Website and Client Portal, is the property of Raising Fido Inc. or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
From time-to-time the Company provides resource content on the Website, the Client Portal, and during the performance of services which you may access for your own individual education and use. Raising Fido Inc.’s content is not for resale and the Company exclusively retains all rights to it’s use and distribution. Except as otherwise stated expressly by the Company, you acknowledge and agree that you have no right to sell, re-distribute, share publicly without providing original credit, modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, exploit in any way, or offer any similar competing products or services based upon any intellectual property belonging to the Company. Your use of the Website or Client Portal does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Raising Fido Inc. and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Raising Fido Inc. or our licensors except as expressly authorized by these Terms.
The Company’s name, logo, slogan, and all related trade names, logos, product and service names, designs, and slogans are trademarks and the exclusive property of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website and the Client Portal are the trademarks of their respective owners.
Termination of Services and Access
The Company reserves the right, in its sole discretion, to terminate your access to the Website, the Client Portal, and participation in services or any portion thereof at any time, without notice. Some reasons for termination, although not exhaustive, are: breaching any of these Terms, providing untruthful and tarnishing reviews, refusal to follow instructions or policies, behave in a violent or aggressive manner towards your dog, another client’s dog, or any representative of the Company, you will be removed from participating in any services provided by the Company and have your Client Portal account deactivated. To the maximum extent permitted by law, you hereby consent to resolve any and all disputes arising under or related to the Website, the Client Portal, or these Terms pursuant to the Arbitration Clause herein. Use of the Website and the Client Portal is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
Educational and Informational Purposes
The information and resources contained on the Website, the Client Portal, or provided during the performances of services, may in certain cases be for educational and informational purposes only and not intended as, nor shall be understood or construed as any kind of legal, financial, tax, medical, or health advice. While professional trainers at the Company may discuss in a broad sense medical or health issues at times the information is not to be understood as medical advice. We do our best to ensure that the information provided to you is accurate and valuable. Regardless of anything to the contrary, nothing should be understood as a recommendation that you should not seek consultation with a certified medical professional for your dog. The Company expressly recommends that you seek advice from appropriately credentialed and designated professionals.
Accuracy and Personal Responsibility
The Company does its best to ensure that the information we distribute via the Website, the Client Portal, during the performance of services are accurate and in line with current scientifically supported humane practices at the time of use, but we cannot always guarantee 100% accuracy of information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on the Website, the Client Portal, or during performance of services for any damage you may suffer as a result.
By using the Website, the Client Portal, products the Company recommends, or any services the Company makes available, you accept personal responsibility for the results of your own actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information, advice, guidance, whether written or verbally provided by the Company via any medium. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or protocols suggested or recommended by the Company.
The Company may, from time to time, provide information from a third party in the form of a guest seminar or webinar, guest blog post, or other medium. Although we aim to only host credible professionals, the Company does not control the information provided by such third-party guests. The Company is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Links to Third Party Websites and Services
The Website and the Client Portal, may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience and the inclusion of any link does not imply endorsement by the Company of the Website in its entirety, or any association with its operators.
Certain services made known and available via the Website, including the Client Portal, are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, products, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such reviews. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to email@example.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
From time to time, the Company may participate in affiliate marketing and allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links. The Company will only affiliate with products, services, coaches, consultants, and other experts that we believe to be safe, credible, and/or may provide valuable information to you. We will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for you, and you will derive benefit. You will not rely on any recommendation, reference, or information provided by the Company, but will instead conduct your own investigation and will rely upon your full investigation to decide whether to purchase the affiliate product or service.
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that all information provided by the other party is accurate. The Company provides this information as a reference for you. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
At various places on the Website, or the Client Portal, you may find testimonials from clients of products and services currently or previously offered by the Company. The testimonials are actual statements made by clients and have been truthfully conveyed.
Although these testimonials are truthful statements about results obtained by these clients, you specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on the Website, the Client Portal, or by the Company.
No Guarantees of Results
You understand that there is a difference between the level of individualized advice and coaching that is possible during group training vs. private training and that the information provided during group training classes is to be understood as general advice and guidance. While the trainers and owner of the Company are professionals and the information provided on the Website, in the Client Portal, and during the performance of services relates to issues within the Company’s area of professionalism, the information is not a substitute for direct advice and guidance from a professional trainer working directly with you and your dog one on one and is intimately aware of all the facts and circumstances of your individual situation.
Regardless of the type of service you have purchased - private training, semi-private training, or group training, you recognize that the role you play in your dog’s learning process is integral to achieving desired training results. You acknowledge and agree that there is no guarantee that your dog will achieve the desired level of training, despite the best coaching efforts of Raising Fido Inc. made possible through your purchased service. You further understand that the recommendation of any product or service by Raising Fido Inc. is not a guarantee of satisfaction with that product or service.
We do our best to ensure that the information provided on the Website, the Client Portal, and otherwise during the performance of group training services are accurate and provide valuable information, but it should not be confused for information that is specific to your dog and situation. Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that group training is equal to private training in Terms of level of direct service, or that you should not consult directly one on one with a professional to address your situation if you are participating in group training.
You agree that the Company has not and cannot ethically make any guarantees about the results of taking any action, whether recommended on the Website, the Client Portal, during performance of services, or otherwise. The Company provides educational and informational services, products, and resources, which are intended to help you succeed. You nevertheless recognize that your ultimate success or failure will be the result of your situation, your own efforts, how closely you follow provided instructions, and innumerable other circumstances which may be beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others, whether clients of the Company or otherwise, applying the principles endorsed and taught do not guarantee that you or any other person or entity will be able to obtain similar results.
Neither the Company nor any of its employees, contractors, or owners shall be held liable or responsible for any errors or omissions on the Website, the Client Portal, or during the performance of services for any damage you may suffer as a result of failing to seek direct one on one advice from a credibly certified professional who is thoroughly familiar with your situation.
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Client Portal, the Company, any and all contracts you enter into with the Company, and partaking in any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Calgary, Alberta. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
Limitation of Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information obtained from the Website, the Client Portal, and/or associated services provided by the Company. You agree that in no event, to the maximum extent permitted by applicable law, shall Raising Fido Inc. and/or its suppliers be liable for any type of damages, including direct, indirect, punitive, special, incidental, equitable, consequential loss or exemplary damages including without limitation, damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or delay or inability to use, the Website, the Client Portal, or associated services/products, the provision of or failure to provide services, or for any information, software, products, services and related graphics/handouts obtained through the Website, the Client Portal, or otherwise arising out of the use of the Website or the Client Portal whether based on contract, tort, negligence, strict liability or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the Website, the Client Portal, associated products/services or with any of these Terms, your sole and exclusive remedy is to discontinue use.
To the maximum extent permitted by applicable law, Raising Fido Inc. assumes no liability or responsibility for any (i) errors, mistakes, omissions, or inaccuracies of content or advice; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to, participation in, or use of the Company’s content, advice, or services; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein. The information, software, products, and services included in or available through the Website and the Client Portal may include inaccuracies or typographical errors. Changes are periodically added to the information therein and herein. The Company and/or its suppliers may make improvements and/or changes to the Website or Client Portal at any time.
The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services or related graphics/handouts contained on the Website, the Client Portal, or distributed during your participation in services for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics/handouts are provided "as is" without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics/handouts, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
Assumption of Risk
You acknowledge that you are voluntarily participating in dog training provided by Raising Fido Inc. with knowledge of the potential dangers. You represent that you are the owner or guardian of the dog(s) included in your Client Portal account. You acknowledge that dogs are sentient animals with their own will and drives, and therefore, regardless of training, handling, or environmental circumstance, Raising Fido Inc. cannot protect against every potential injury, risk, or accident, to you, your dog(s), other animals, or other persons participating in the training while on or off the property where training is taking place. These may include dog attacks, dog bites and the responsive actions and complications that arise from them, or disease transmission, and you understand and acknowledge that such risks are inherent and can never be 100% eliminated. By agreeing to the Terms contained herein, you acknowledge that the Company is shifting all risks, known and otherwise, of participating in dog training to you. Do not indicate your agreement unless you are willing to assume the risk to yourself, your dog, and others, of your participation in dog training and related activities, including the associated risks of bodily injury, death, or property damage whether it be on the property of Raising Fido Inc., in your own home, or in a public space. Your freewill choice to participate in training services provided by Raising Fido Inc. indicates your acceptance of these Terms.
Release of Liability
In consideration for being permitted to participate in dog training provided by Raising Fido Inc., and/or to use any of the Company’s facilities in connection with dog training, that you for himself/herself/theirs, and his/her/their heirs, next of kin, executors, and personal representatives (collectively, “Releasors”), assumes the entire risk associated with participating in such an activity and waives, releases, discharges and covenants not to sue Raising Fido Inc., its directors, officers, members, managers, employees, agents, sponsors, organizers, volunteers or other representatives, their successors and/or assigns (collectively, “Releasees”) from any and all liability to Releasors for any loss, harm, damage, claim, injury (including death) or accident to the person or property of you, others, your dog(s), others’ dog(s), and any persons with you while dog training, including any minor children, arising out of or related to participating in dog training or using any facilities or equipment of Raising Fido Inc., even if caused by any negligent act or omission of Releasees.
You agree that you are and will be responsible for your conduct and the conduct of your dog and others with you (including minor children) at all times. You agree to indemnify and hold harmless Raising Fido Inc., its directors, officers, members, managers, employees, agents, suppliers, sponsors, organizers, volunteers and other representatives from any and all demands, liability, or claims of injury (including death), loss, cost, expenses (including lawyers’ fees), or damage to persons, animals, or property arising out of, or in connection with your use of the Website and/or the Client Portal and any of the services offered therein, or by the acts or omissions of you, your dog, and any other persons with you, including any minor children, during the course of training or related activities, as well as by the conduct of your dog under your own care as a result of following training instructions. This provision applies whether the claims are made by you, members of your family, your guests, members of the public, third parties, or Raising Fido Inc. representatives.
You expressly agree that the foregoing assumption of risk, release of liability and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, you agree that the remaining provisions will continue in full force and effect.
Knowing and Voluntary Execution
By participating in services made available by the Company you are indicating your agreement with these Terms, you declare that you are at least 18 years of age or the age of majority in your jurisdiction and competent to enter into this contract Agreement. You acknowledge that you have carefully read this Agreement, understand its contents, and agree to be bound by its Terms. You specifically understand that this Agreement includes an assumption of the risk of Raising Fido Inc.’s negligence and a release of Raising Fido Inc.’s liability.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
September 13, 2022