Terms and Conditions

The following Terms and Conditions of Use (“Terms”) are entered into by and between You and Trajectory Dog Training (“Company,” “we,” or “us”).

These Terms, together with our Privacy Policy and any other documents expressly incorporated by reference, govern your use of the website trajectorydogtraining.com (“Website”), including all materials, resources, information, and services on the Website, whether you visit as a guest or a registered user.

Puppy Pros Training is the puppy division of Trajectory Dog Training. These Terms apply to that division and to any visitor arriving from puppyprostraining.com.

Your access to and use of the Website is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, customers, and others who access or use the Website.

By accessing or using the Website you agree to be bound by these Terms, without modification, and acknowledge reading them. If you disagree with any part of the Terms, you may not access the Website.

Privacy policy

Your use of the Website is also subject to our Privacy Policy. Please review it, as it also governs the Website and informs users of our data collection practices. Your agreement to the Privacy Policy is incorporated into these Terms.

SMS and text message communications

By providing your mobile phone number to Trajectory Dog Training and giving verbal consent during a free evaluation, or through another consent method described in our Privacy Policy, you agree to receive SMS text messages from us. You understand and agree that:

• Message and data rates may apply. Message frequency will vary depending on your engagement with our services, but will typically not exceed 6 messages per month.
• You can opt out of text messages at any time by replying STOP to any message you receive from us. After you reply STOP, we will send a confirmation message confirming that you have been unsubscribed, and you will no longer receive messages from us.
• For help with our text messaging program, reply HELP to any message, email us at tonya@trajectorydogtraining.com, or call us at (321) 209-0504.
• By opting in to this service, you consent to receive text messages, including messages sent using automated systems.
• Consent to receive marketing text messages is not a condition of purchasing any goods or services.
• We do not sell, rent, or share your phone number with third parties for their marketing or promotional purposes.
• These messages may be used for appointment reminders and confirmations, training tips and educational content, follow-up messages after training sessions, responses to inquiries or support requests, and occasional promotional messages about new classes and programs you have explicitly opted into.
• You acknowledge that message delivery cannot be guaranteed. We are not liable for delayed or undelivered messages.
• You represent that you are the account holder for the mobile telephone number you provided, or that you have authorization from the account holder to provide consent.
• Our use of your phone number and personal information is governed by our Privacy Policy, which is incorporated by reference into these Terms.

How we collect consent. You may provide SMS consent verbally during a free evaluation, by initiating SMS contact with us, or by providing consent verbally over the phone. In all cases you will receive a confirmation SMS after opt-in that outlines message frequency, data rates, and how to opt out. Full details of our consent collection methods are available in our Privacy Policy.

Use of the website

Information provided on the Website, and any resources provided on or available for download from it, are subject to change. The Company makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error, or incompleteness in the information provided.

The Company reserves the right to withdraw or amend this Website and any service or material provided on it at its sole discretion without notice. The Company will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, including to registered users.

Lawful purposes

You may use the Website for lawful purposes only. You agree to be financially responsible for all purchases made by you or by someone acting on your behalf through the Website. You agree to use the Website and to purchase services through it for legitimate, non-commercial purposes only.

You shall not post or transmit through the Website any material that violates or infringes the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, that contains injurious formulas, recipes, or instructions, that encourages conduct that would constitute a criminal offense, that would give rise to civil liability, or that otherwise violates any law.

Use of free downloadable content

The Company may make resources on this Website accessible in exchange for providing an email address (“Gated Content”). The Company grants you a limited, personal, non-exclusive, non-transferable license to use the Gated Content for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance, or in any way exploit any of the Gated Content.

By accessing or downloading the Gated Content, you agree that it may only be used by you for your personal or internal business use and may not be sold or redistributed without the express written consent of the Company.

You further agree that you shall not create any derivative work based upon the Gated Content, and shall not offer any competing products or services based upon information contained in it.

Material you submit to the website

By posting, uploading, submitting, inputting, providing, or otherwise making available any artwork, photos, written works, or other media, including feedback and suggestions (collectively, “Submissions”), you grant the Company, our affiliated companies, and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use your Submission for promotional, business development, and marketing purposes. This includes the right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission, and to publish your name in connection with it.

We claim no intellectual property rights over the Submissions you supply. You retain copyrights and any other rights you rightfully hold in any Submissions you submit through the Website.

You shall not upload, post, submit, input, or otherwise make available on the Website any Submissions protected by copyright, trademark, or other proprietary right without the express written permission of the owner, and the burden of determining that any Submission is not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a Submission.

For all Submissions you provide, you represent and warrant that you own or otherwise control all rights to the Submission described here, including the authority to use and distribute it, and that the use or display of the Submission as contemplated in this section will not violate any laws, rules, regulations, or rights of third parties. You agree to hold the Company harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you arising from Submissions you submit.

You further grant us the right to use your Submission to improve our Website, products, or services, and for any other purpose we deem necessary or desirable, without being obliged to pay you any compensation. The Company is under no obligation to post or use any Submission and may remove any Submission at any time at its sole discretion. If you send us unsolicited ideas, those ideas will be deemed non-confidential and we will not be required to acknowledge their source.

Our intellectual property

The Website contains intellectual property owned by the Company, including trademarks, copyrights, proprietary information, and other intellectual property. We reserve all rights in and to our common law and registered trademarks, service marks, copyrights, and other intellectual property rights, including text, graphics, photographs, video, design, and packaging, belonging to the Company or our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce, perform, or in any way exploit any of our IP in whole or in part without our prior written consent. We reserve the right to immediately block your access to the Website and remove you from any service, without refund, if you are found violating this intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from it (the “Content”) strictly in accordance with these Terms.

As a condition of your use of the Website, you warrant that you will not use the Content for any purpose that is unlawful or prohibited by these Terms. You may not use the Content in any manner that could damage, disable, overburden, or impair the Website, or interfere with any other party’s use and enjoyment of it. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Website.

All content included as part of the Content, such as text, graphics, logos, and images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and is protected by copyright and other laws protecting intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends, or restrictions contained in any such content and will not make any changes to them.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or in any way exploit any of the Content, in whole or in part.

The Content is not for resale. Your use of the Content does not entitle you to make any unauthorized use of protected content, and in particular you will not delete or alter any proprietary rights or attribution notices. You will use protected content solely for your individual use and will make no other use of it without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We grant you no licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.

The Trajectory Dog Training name, the Puppy Pros Training name, our logos and slogans, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use these marks without prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Changed terms

We may at any time amend these Terms, including our Privacy Policy. The date of the last revision is indicated by the “Last updated” date at the top of this page. Such amendments are effective immediately upon notice to you by our posting the new Terms on this Website. We reserve the right to update any portion of our Website, including these Terms, at any time. If you continue to use our Website after we have made revisions, your continued use constitutes consent to the revised Terms and Privacy Policy.

Warranties

While we make every effort to ensure that the content on this Website is free from errors, we do not give any warranty or other assurance as to the accuracy, completeness, timeliness, or fitness for any particular purpose of the content and materials on this site beyond reasonable efforts to maintain it.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE PROVIDE OUR WEBSITE AND RELATED INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of liability

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE WEBSITE OR RESOURCES, PRODUCTS, OR SERVICES AVAILABLE THROUGH THE WEBSITE.

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL, OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE, AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR SUCH DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.

Availability

Your use of the Website and any associated services may sometimes be subject to interruption or delay. Due to the nature of the internet and electronic communications, we and our service providers do not warrant that our Website or any associated resources or services will be error-free, uninterrupted, without delay, or free from defects in design. We will not be liable to you should our Website or the resources or services supplied through it become unavailable, interrupted, or delayed for any reason.

Malicious code

Although we endeavor to prevent the introduction of viruses or other malicious code to our Website, we do not guarantee or warrant that our Website, or any data available on it, is free of malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process you use to access our Website does not expose your computer system to the risk of interference or damage.

Security

The security of your contact information is of the utmost importance to us. However, you acknowledge the risk of unauthorized access to, or alteration of, your data. We do not accept responsibility or liability of any nature for any losses you may sustain as a result of such unauthorized access or alteration. All information transmitted to or from you is transmitted at your own risk, and you assume all responsibility and risk arising in relation to your use of this Website and the internet. We do not accept responsibility for any interference or damage to your computer system that may arise in connection with your access of this Website or any outbound hyperlinks.

Third party resources

The Website contains links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third-party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for, and assume all risk arising from, your use of any such websites or resources.

The Company may from time to time provide information from a third party in the form of a guest post or interview, in written, audio, video, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided, and cannot guarantee the veracity of any statements made by them.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including without limitation attorney’s fees, arising out of your breach of any of these Terms, your use of the Website and its content, any product or service purchased from the Website, or your failure to maintain the confidentiality or security of your password or access rights to this Website and its resources. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including providing us with such information, documents, records, and reasonable access to you as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.

Effect of headings; severability

The subject headings of the paragraphs and subparagraphs of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions. If any portion of these Terms is held to be unenforceable or contrary to law, that portion shall be construed in accordance with applicable law so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and the remainder of the provisions shall remain in full force and effect.

Entire agreement; waiver

These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Company pertaining to the Website and supersede all prior and contemporaneous agreements, representations, and understandings between us. Any waiver by us of a breach of, or right under, these Terms will not constitute a waiver of any other or subsequent breach or right. No waiver shall be binding unless executed in writing by the Company.

Governing law; jurisdiction; mediation

These Terms, including the Privacy Policy, shall be construed in accordance with, and governed by, the laws of the State of Florida, and the courts of Florida shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in Florida, and you submit to the jurisdiction of those courts and waive any objection based on inconvenient forum or other reasons.

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures.

All rights reserved; contact information

All rights not expressly granted in these Terms are reserved by us. If you do not see a usage scenario here that applies to your intended use, contact us at tonya@trajectorydogtraining.com.