TERMS OF PARTICIPATION
Please READ Carefully by purchasing this product you (herein referred to as "Client") agrees to the follow terms stated herein.
Arizona Goldens LLC.(herein referred to as "AZG" or "Company") agrees to provide an online based service dog training program for various disability types, This includes various programs such as (but not limited to) "Owner Trained Service Dog Program" and "Fully Trained Service Dog Program" (herein referred to as Programs which incorporate various editions for various disabilities) identified in online commerce shopping cart. Client agrees to abide by all policies and procedures as outlined in this agreement as a condition of their participation in the Program.
Client understands Brian Daugherty (herein referred to as "Consultant") and Arizona Goldens LLC, is not an employee, agent, lawyer, doctor, manager, therapist, public relations or business manager, registered dietitian, or financial analyst, psychotherapist or accountant. Client understands that Consultant has not promised, shall not be obligated to and will not;
(1) procure or attempt to procure employment or business or sales for Client;
(2) Perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto;
(3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy, or dispense medical or veterinary advise or therapy;
4) act as a public relations manager
(5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for Client;
(6) introduce Client to Consultant’s full network of contacts, media partners or business partners. Client understands that a relationship does not exist between the parties after the conclusion of this program. If the Parties continue their relationship, a separate agreement will be entered into.
The Consultant and Arizona Goldens LLC is not to be held liable in any way, shape, or form for the performance or lack thereof of the Client and or their animal at any time. Consultant & Arizona Goldens LLC does not in any shape or form guarantee or promote that by just purchasing or following the instructions & information in this course that their animal will be or become a service animal no will take any responsibilities in any manner for the actions taken by the Client and or their animal at any time.
Membership & Payment Obligations
All Access contains one access level to the community: Paid Membership (All Access).
All Access memberships are a paid level of membership to the Owner Trained Service Dog Program with a monthly reoccurring fee. Clients who are grandfathered in under the yearly membership program shall have access for up to 12 months from their initial purchase date. After their year access is up, it will automatically revert to a monthly membership.
A valid email address and debit card are required upon registration for this level.
Clients who are part of the Fully Trained Service Dog Program will have access to the material as part of their payment for the fully trained service dog program. This access will be granted in perpetuity as long as they are members in Good standing with AZG. If they return the service dog to AZG in any manner, or violate the terms of their contracts with AZG, their access rights to this program will be revoked immediately.
Member agrees to let Arizona Goldens LLC charge their payment card for fees. Member must promptly inform AZG of any of the following: changes in the expiration date of any debit card used in connection with the service; changes in home or billing address; and apparent breaches of security such as loss, theft, or unauthorized disclosure or use of an ID or password. Until AZG is notified by e-mail of a breach in security, the Subscriber will remain liable for any unauthorized use of the Subscription Service.
Arizona Goldens LLC may avail itself of account updating services provided by the payment card industry. By subscribing to Programs, you hereby agree and authorize Arizona Goldens LLC to update your payment card or similar account information and charge any updated payment card in accordance with the terms and conditions of such account updating programs. If your payment card reaches its original expiration date, your failure to cancel your membership constitutes authorization for Programs to continue billing that payment card.
AZG reserves the right to remove all user information and close all accounts of a user if a user fails to update their account information and email address.
The fee for the monthly membership in the Owner Trained Service Dog Program is $97 a month.
If at any time if there is a past due payment, access to the program will be temporarily restricted until the account is in current financial standing. Each monthly invoice only indicates the payment and balance due for the current month listed on that individual invoice, and does not reflect the ongoing or remaining balance for the account. Should you have any account questions you can email [email protected] at any time.
Owner Trained Service Dog Program members who do not wish to continue their All Access membership to the Prograsms can cancel at any time by calling our All Access team at (480) 508-7381 or emailing us at [email protected].
When cancelling, you will continue to have access to All Access for the remainder of the month. After that period is complete, then access to the online program will be suspended until further enrollment.
For clients that are grandfathered into the Owner Trained Service Dog Program, any refunds requested will be prorated based on the date of initial purchase until the remainder of the month after the cancellation request has been received.
If you have any questions or problems, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
Owner Trained Service Dog Program carries the policy of not issuing refunds to Members for past monthly membership fees.
The Company respects Client’s privacy and insists that Client respects the Company’s and Program Members (herein referred to as "Participants"). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program participants or any representative of the Company is confidential, Proprietary, and belongs solely and exclusively to the Participant who discloses it.
Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, on the forum or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with other Participants during Program. Participants agree to be contacted through the methods and details provided at the time of registration on matters regarding, but not limited to: program details, new offers, balances due and collections; unless otherwise requested by the consumer.
Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft. Client agrees not to violate the Company’s publicity or privacy rights.
Furthermore Client will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Client including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses.
Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party. Further, by purchasing this product you agree that if you violate or display any likelihood of violating this session the Company and/or the other Program participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
The material on the AZG Program is for the private, non-commercial enjoyment of Members only. Any other use is strictly prohibited. The AZG staff spends a great deal of time and money to obtain the information appearing on its websites. Members agree that they will not copy, publish, or in any way make available publicly news, pictures, interviews, features or any other information from the Programs, without express written permission for the AZG staff
NO TRANSFER OF INTELLECTUAL PROPERTY
Arizona Goldens LLC’s program is copyrighted and original materials that have been provided to Client are for Client’s individual use only and a single-user license. Client is not authorized to use any of Company’s intellectual property for Client’s business purposes. All intellectual property, including Company’s copyrighted program and/or course materials, shall remain the sole property of Arizona Goldens LLC. No license to sell or distribute Company’s materials is granted or implied.
By purchasing this product, Client agrees:
(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) Client agrees not to disclose such information to any other person or use it in any manner other than in discussion with the Company.
Further, by purchasing this product, Client agrees that if Client violates, or displays any likelihood of violating, any of Client’s 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.
Arizona Goldens LLC's Program is developed for strictly educational purposes ONLY. Client accepts and agrees that Client is 100% responsible for their progress and results from the Program. Company makes no representations,warranties or guarantees verbally or in writing.
Client understands that because of the nature of the program and extent, the results experienced by each client may significantly vary. Client acknowledges that as with any training, there is an inherent risk of the Client's dog not being able to handle the training and challenges of being a service dog and there is no guarantee that Client will reach their goals as a result of participation in the Program.
Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice tailored to any individual. Company assumes no responsibility for errors or omissions that may appear in any program materials
AZG is NOT responsible in any manner for the actions taken by the Client and or their animal at any time in private or public venues.
In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.
If any provision of this Agreement is held by or to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights here-under.
THIRD PARTY SERVICES AND SOFTWARE
AZG Programs use software and services from third-party vendors. Such software or services are provided to improve the overall experience for our users, and include the collection and tracking of certain data and information regarding our products and services. We may provide personally identifiable information of our users and customers to third party vendors, but we do so solely for the purpose of providing services to you. In certain cases, users may be asked to download additional software and share personal information with these providers in order to interact with these services with AZG Programs. AZG cannot always guarantee the safety or privacy of the information given to the third party venders. User agrees that AZG will not be held responsible in any manner if their information is stolen, disseminated, or used by AZG or the third party vendors.
Users agree and accept any terms or risks associated with using services not owned or licensed by Arizona Goldens LLC.
Notices by AZG Programs to registered users are given by means of electronic messages or by a general posting on the service. Members must keep contact information updated for communication purposes with the AZG Programs team.
We may also feature some of the powerful stories from Members in our promotional materials. If we decide to feature your story, we will contact you for permission before using it in any way. We do respect your right to privacy, should you choose to stay out of the OTSD All Access Program spotlight.
AZG agrees to never sell or distribute your email address to third parties. Unsubscribing from any AZG Programs email list does not necessarily unsubscribe you from other email lists from within Arizona Goldens LLC. Users agree to provide AZG Programs with an up-to-date email address. As a member of AZG Programs, you will receive our member updates and additional product & service opportunities.
LIMITATION OF LIABILITY. Client agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Client releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs. Client accepts any and all risks, foreseeable or unforeseeable. Client agrees that Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the program materials. You also understand that any testimonials or endorsements by our customers or audience represented on our programs, websites, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and the results experienced by individuals may vary significantly.
The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express,transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.
Client may not assign this Agreement without express written consent of the Company
Company may modify terms of this agreement at any time. All modifications shall be posted on the Arizona Goldens LLC website & purchasers shall be notified.
Company is committed to providing all clients in the Program with a positive Program experience. By purchasing this product, Client agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Client’s participation in the Program without refund or forgiveness of monthly payments if Client becomes disruptive to Company or Participants, Client fails to follow the Program guidelines, is difficult to work with, impairs the participation of the other participants in the Program or upon violation of the terms as determined by Company. Client will still be liable to pay the total contract amount.
Client shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Client recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company. In consideration of and as part of my payment for the right to participate in Arizona Goldens LLC Programs, the undersigned, my heirs, executors, administrators, successors and assigns do hereby release, waive, acquit, discharge, indemnify, defend, hold harmless and forever discharge Arizona Goldens LLC and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns and any of the training instructors, guides, staff or students taking part in the training in any way as well as the venue where the Programs are being held (if applicable) and any of its owners, executives, agents, or staff (hereinafter "Releasees") of and from all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my participation in the Programs.
RESOLUTION OF DISPUTES
If not resolved first by good-faith negotiation between the parties, every controversy or dispute relating to this Agreement will be submitted to the American Arbitration Association. All claims against Company must be lodged within 100-days of the date of the first claim or otherwise be forfeited forever.
The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand. The parties shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period.
The parties shall cooperate in exchanging and expediting discovery as part of the arbitration process. The written decision of the arbitrators (which will provide for the payment of costs) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or a decree in equity, as circumstances may indicate. In disputes involving unpaid balances on behalf of Client, Client is responsible for any and all arbitration and attorney fees. All arbitration shall be done within the jurisdiction & scope of Maricopa County, Arizona.
In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.
Any notices to be given hereunder by either Party to the other may be effected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Email: AzGoldensLLC [at] gmail [dot] com. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of Arizona, United States of America.
PROGRAM MINIMUM GUARANTEES
Unless otherwise noted, all Owner Trained Service Dog Program products come with a 30 days guarantee. Longer conditional guarantees may apply, so check the sales material at the time of your order for details.
If you require further clarification, please contact [email protected].