By using your password and logging into your account on our Northeast K9 Conditioning Academy site (https://www.nek9academy.com/), you acknowledge receipt and agreement to the Terms and Conditions and Code of Ethics that are listed below. 

By using your password and logging into your online account, you also acknowledge receipt and agreement to our Northeast K9 Conditioning website’s “Privacy Policy, Terms of Use & Conditions” found at https://www.northeastk9conditioning.com/pages/terms and the Terms and Conditions that are found on our Northeast K9 Conditioning Academy website https://www.nek9academy.com/terms-conditions.

 

Terms & Conditions Specific to the Canine Business Mastermind Program

The following Agreement is made between Northeast K9 Conditioning, LLC and Northeast K9 Conditioning Academy (collectively the “Company”) and you, the student enrolled in the Canine Business Mastermind Program (“you” or “student” or “member”).

 

Access to the Canine Business Mastermind Program includes the following:

1. Access to the online “K9 Business JumpStart” course for as long as you are a member of the Canine Business Mastermind Program.

2. Access to the online “Canine Business Mastermind” online course.

3. Bi-weekly group calls for all active and paying members of the Canine Business Mastermind Program.

4. Access to the video replays from our bi-weekly group calls through the Northeast K9 Conditioning Academy website.

5. “Think Tank” opportunities where you can submit questions and get individualized and group feedback during biweekly live calls.

6. Membership to our online Academy where you will receive access to worksheets, templates, video resources & additional resources.

7. Access to our private, members-only Facebook group where you will receive additional support and check-ins.

8. Opportunities to collaborate with other canine business professionals in the program.

9. *BONUS* - Access to our online tutorials found in the NEK9 Technology Tips & Tutorials Facebook Group while you are enrolled in the program.  

All items listed above are only available to active, paying members in our Canine Business Mastermind or Canine Business Mastermind VIP Programs. Once you discontinue your membership, access to the online Northeast K9 Conditioning Academy and all of our online program resources will end. 

TERMS OF USE & INTELLECTUAL PROPERTY AGREEMENT

1. All content, videos, training materials, PowerPoint presentations, handouts, products, services and/or other materials, made available through Northeast K9 Conditioning, LLC (including its website and all content found on the Northeast K9 Conditioning Academy site) or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Northeast K9 Conditioning, LLC and are the property of the Northeast K9 Conditioning Academy  and/or its third party providers. You agree that such Company Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site, excluding only the materials you provide. Subject to your compliance with these Terms of Use, the Company hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use the Site solely for your personal purposes.

2. No Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Northeast K9 Conditioning, LLC. Module “Action Guides,” presentation PDF slides, and lists of “Additional Resources” can be downloaded for personal use only. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Northeast K9 Conditioning, LLC, as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Company.

3. All content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company. No such materials may be used except as provided in these Terms of Use.

4. All trade names, trademarks, and images and biographical information of people used in the Company Content and contained in the Site, including without limitation the name and trademark “Northeast K9 Conditioning”, are either the property of, or used with permission by, the Company. The use of Content by you is strictly prohibited unless specifically permitted and expressed in writing by Northeast K9 Conditioning, LLC. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Northeast K9 Conditioning, LLC and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Northeast K9 Conditioning, LLC.

 

REFUND POLICY FOR MONTHLY SUBSCRIPTION & VIP PROGRAMS

Please note that that our regular Canine Business Mastermind Program is a monthly subscription program and there are no refunds. By joining the program, you are agreeing to be automatically charged each month via your credit card or PayPal account. If at any time you choose to cancel your subscription, please send an email to [email protected] and we will immediately cancel your membership. You can also cancel your monthly subscription on your own via your PayPal account or by logging into your account at https://www.northeastk9conditioning.com/login.  Access to the online Northeast K9 Conditioning Academy, all online content and our private Facebook group will end on the day that your next payment would have been due.

If you are a VIP Mastermind member, access to the program and online resources will depend upon which program option you purchased. Most VIP Mastermind Program members are enrolled in our 3, 6, or 12 month VIP program options. 

 

LATE OR FAILED PAYMENT POLICY

If a late or failed payment is not rectified within 7 days of notification, access to all online content, program resources and one-on-one coaching sessions will be terminated until payment is fulfilled. No refunds will be issued.

 

PLAGIARISM & FRAUDULENT USE OF WORK THAT IS NOT YOUR OWN

All work submitted for assignments for certification must be your own. Both intended and unintended use of other people’s work (in text, visual and/or audio form) that is not used with permission and properly cited can result in immediate failure in the program and possible expulsion. Examples of plagiarism and breaking of copyright law can include such things as a) passing off another person’s ideas or words as your own, b) presenting “as new and original an idea or product from an existing source,” c) copying words or ideas from another person and not giving them credit, d) copying media (e.g., visuals, photos, graphics, videos, etc.) from other websites and using them on your own site, handouts, resources, and e) borrowing from a written source without referencing the original author. For more information on plagiarism and copyright law, visit https://www.plagiarism.org/article/what-is-plagiarism and https://www.copyright.gov/title17/. 

 

BUSINESS COACHING, COURSE & PROGRAM DISCLAIMER

Please note that business coaching services, products, and all courses offered through Northeast K9 Conditioning, LLC and Dr. Erica C. Boling are not to be interpreted as a promise or guarantee of earnings. 

Your level of success in attaining the results from our coaching services, courses/programs, and products depends on the time you devote to the program, ideas and techniques used, your own knowledge/skills, your prior experiences, and other factors that are outside of our control. Since these factors differ from person to person, we cannot guarantee your success, current earnings, future earnings, or income level. Northeast K9 Conditioning, LLC and Dr. Erica C. Boling are also not responsible for any of your actions.

Any and all forward-looking statements on our website, through course materials, and through conversations are intended to express our opinion of the earnings potential that some people may achieve. Many factors will play a role in your actual results, and Northeast K9 Conditioning, LLC and Dr. Erica C. Boling make no guarantees that you will achieve results seen or stated by others. In fact, we make no guarantees that you will achieve any results from the ideas, information, strategies, and techniques that are introduced to you through our websites, coaching, instruction, and course/program offerings. 

 

HOLD HARMLESS, INDEMNITY

Student and/or Graduate, whether or not certified by the Company and/or Dr. Boling, agrees to indemnify and hold harmless the Company and Dr. Erica C. Boling, her agents, servants or faculty, from any and all liability, damages, expenses, causes of action, suits, claims or judgments arising from injury to persons, animals or property as a result of, consequence of or caused by Student’s and/or Graduate’s negligence, his/her agents or servants negligence, in the Student’s and/or Graduate’s or his/her agents or servants implementation of, representations related to and/or any other actions related or pursuant to the training, course program purchased or information received by Student and/or Graduate from the Company and Dr. Boling pursuant to and under the terms of this Agreement, the terms provided on the Company’s website as stated in Company’s “Privacy Policy, Terms of Use & Conditions” Agreement and/or Company’s “Code of Ethics & Professional Conduct” Agreement, all of which are made a part of this Agreement by reference thereto and Student and/or Graduate shall at his/her own expense, defend any and all suits which may be brought against the Company and Dr. Boling, either alone or in conjunction with others, upon any such liability, theory, claim or claims. 

 

ASSUMPTION OF RISK

Student and/or Graduate understands and acknowledges the inherent risk and potential unpredictability of an animal’s behavior in working with dogs and their owners and Student and/or Graduate assumes such risk at his/hers own risk and takes full responsibility for any and all actions taken by Student and/or Graduate in working with dogs and their owners. 

 

GOVERNING LAW; JURISDICTION; DISPUTE RESOLUTION; ATTORNEY’S FEES

This Agreement, the rights and obligations of the parties hereto, and all claims or disputes relating thereto, shall be governed by and construed in accordance with the laws of the State of Maine (without regard to choice of law provisions).  Without limiting any other damages available at law or equity, the parties agree that in connection with any dispute hereunder, the

prevailing party may recover its costs and expenses, including without limitation its legal fees and expenses, from the losing party.  Further, should all parties agree in writing to choose alternative dispute resolution in lieu of litigation, any controversy or claim arising out of or relating to this contract, or the breach thereof, may be settled through mediation or by arbitration administered by the American Arbitration Association in accordance with its Commercial [or other] Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. 

 

NOTICE

All notices, demands or other communications are to be given or delivered under or by reason of the provisions of this Agreement shall be in writing and shall be deemed to have been given when delivered personally to the recipient or when sent by facsimile or electronic mail, if the receipt of such facsimile or electronic mail is acknowledged by Company through return facsimile or electronic mail, otherwise delivery by facsimile or electronic mail should be followed by delivery through a reputable courier service or by U.S. Mail, but notice shall not be deemed to have been duly given unless and until it is actually received by the intended recipient. 

 

SECTION HEADING; INCONSISTENCY

The section headings used in this Agreement are included solely for convenience and shall not affect or be used in connection with, the interpretation of this Agreement.  In the event of any inconsistency between the terms of this Agreement and any form, award, plan or policy of the Company, the terms of this Agreement shall govern and control.

 

WAIVER; MODIFICATION

Upon any request by Student to modify, waive or discharge any substantive provision of this Agreement, no such provision may be modified, waived or discharged unless such request for waiver, modification or discharge is agreed to in writing and signed by the Student and an authorized officer or manager of the Company or Dr. Boling.  No properly agreed to waiver shall be construed or deemed to be a waiver of any other similar or dissimilar provisions or conditions at the same or at any prior or subsequent time.  This Agreement, the provisions made a part of this Agreement by reference thereto, together with all exhibits hereto (if any) sets forth the entire agreement of the parties hereto in respect of the subject matter contained herein and supersedes any and all prior agreements or understandings between the parties hereto with respect to the subject matter hereof.  No agreements or representations, oral or otherwise, express or implied, with respect to the subject matter hereof have been made by either party which are not expressly set forth in this Agreement. 

 

NO ASSIGNMENTS

This Agreement is personal to each of the parties hereto and no party may assign or delegate any rights or obligations hereunder, unless as provided for in this Agreement and/or any of the referenced terms and conditions, without first obtaining the written consent of the other party hereto.

 

SEVERABILITY

The provisions of this Agreement shall be deemed severable.  The invalidity or unenforceability of any provision of this Agreement in any jurisdiction shall not affect the validity, legality or enforceability of the remainder of this Agreement in such jurisdiction or the validity, legality

or                          

enforceability of any provision of this Agreement in any other jurisdiction, it being intended that all rights and obligations of the parties hereunder shall be enforceable to the fullest extent permitted by applicable law. 

 

FORCE MAJEURE

Neither party will be liable for performance delays nor for non-performance due to causes beyond its reasonable control, except for payment obligations.  In the event of a threatened default or default as a result of any cause beyond its reasonable control, the defaulting party shall nonetheless exercise its best efforts to avoid and cure such default.  In the event such an event prevents performance thereunder for a period in excess of ninety (90) days, then the non-defaulting party may elect to terminate this Agreement by a written notice to the defaulting party.

 

NO WARRANTIES

YOU FULLY AGREE AND UNDERSTAND THAT NORTHEAST K9 CONDITIONING, LLC and DR. ERICA C. BOLING ARE NOT RESPONSIBLE FOR YOUR SUCCESS OR FAILURE AND MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, THAT OUR PRODUCTS OR SERVICES WILL PRODUCE ANY PARTICULAR RESULT FOR YOU.

 

MERGER

The parties intend this statement of their Agreement to constitute the complete, exclusive, and fully integrated statement of their Agreement. As such, it is the sole expression of their Agreement, and they are not bound by any other agreements of whatsoever kind or nature. The parties also intend that this Agreement may not be supplemented, explained, or interpreted by any evidence of trade usage or course of dealing. The parties did not rely upon statements or representations not contained within the document itself, the referenced terms and conditions, links and websites included herein.

 

Date: February 14, 2023