Animal Learning Systems’ Web Sites

Terms of Use and Notices

Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the ALS web site located at animallearningsystems.com, and all associated sites linked to animallearningsystems.com by ALS, its subsidiaries and affiliates (collectively, the “ALS Web Sites”). ALS Web Sites is the property of Animal Learning Systems (“ALS”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

The ALS Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the ALS Web Sites constitutes your agreement to all such terms, conditions, and notices, as does your continued use of the ALS Web Sites following future posting of changes mean that you accept and agree to the changes. It is your responsibility to check these Terms of Use periodically for changes. You agree that ignorance of the Terms of Use currently in effect any time you make use of the ALS Web Sites is no excuse for violation of the Terms of Use.

Additionally, the ALS Web Sites may themselves contain additional terms that govern particular features or offers or purchases of goods and services (for example, forums and messaging or contests or equipment or course enrollments). In the event that any of the terms, conditions, and notices contained herein conflict with the terms and guidelines contained within any particular ALS Web Site, then the latter terms shall control with respect to your use of that portion of the ALS Web Site or the specific service.

As long as you comply with these Terms of Use, ALS grants you a personal, non-commercial, non-exclusive, non-transferable, limited privilege to enter and use the ALS Web Sites.

Content

All text, graphics, user interfaces, visual interfaces, photographs, video, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the ALS Web Sites is owned, controlled or licensed by or to ALS, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the ALS Web Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, decoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without ALS’ express prior written consent.

Personal and Non-commercial Use Limitations

You may use information, products, and services, (such as knowledge based articles, software programs and templates, and forums and messaging) purposely made available by ALS for downloading from and uploading to the ALS Web Sites, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such downloaded information, and (4) not make any additional representations or warranties relating to such documents.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider”, “worm”, or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the ALS Web Sites or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the ALS Web Sites or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the ALS Web Sites. ALS reserves the right to bar any such activity.

You may not attempt to gain unauthorized access to any portion or feature of the ALS Web Sites, or any other systems or networks connected to the ALS Web Sites or to any ALS server, or to any of the services offered on or through the ALS Web Sites, by hacking, password “mining” or any other illegitimate means.

You may not probe, scan or test the vulnerability of the ALS Web Sites or any network connected to the ALS Web Sites, nor breach the security or authentication measures on the ALS Web Sites or any network connected to the ALS Web Sites. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the ALS Web Sites, or any other user of the ALS Web Sites, including any ALS account not owned by you, to its source, or exploit the ALS Web Sites or any service or information made available or offered by or through the ALS Web Sites, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the ALS Web Sites.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the ALS Web Sites or ALS’ systems or networks, or any systems or networks connected to the ALS Web Sites.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the ALS Web Sites or any transaction being conducted on the ALS Web Sites, or with any other person’s use of the ALS Web Sites.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to ALS on or through the ALS Web Sites or any service offered on or through the ALS Web Sites. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.

You may not use the ALS Web Sites or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of ALS, ALS Web Sites users, or others.

Should ALS take any legal action against you as a result of your violation of these Terms of Use, ALS will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to ALS. You agree that ALS will not be liable to you or to any third party for termination of your access to the ALS Web Sites as a result of any violation of these Terms of Use.

Accounts, Passwords and Security

Certain features or services offered on or through the ALS Web Sites may require you to open an account (including setting up an User ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify ALS immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by ALS or any other user of or visitor to the ALS Web Sites due to someone else using your User ID, password or account.

You may not use anyone else’s User ID, password or account at any time without the express permission and consent of the holder of that User ID, password or account. ALS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

Privacy

The ALS Privacy Policy applies to use of the ALS Web Sites, and its terms are made a part of these Terms of Use by this reference. To view the ALS Privacy Policy, click here. Additionally, by using the ALS Web Sites, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the ALS Web Sites may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Links to Third-Party Sites

The ALS Web Sites may contain links to other independent third-party Web Sites (“Linked Sites”). ALS is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ALS of the site. The Linked Sites are not under the control of ALS and ALS is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site.

No Unlawful or Prohibited Use

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

Use of Communications Services

The ALS Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, classified listings, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information.

Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.

Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer.

Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.

Conduct or forward surveys, contests, pyramid schemes, or chain letters.

Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.

Falsify or delete any author attributions, legal or other proper notices or proprietary designations, or labels of the origin or source of software or other material contained in a file that is uploaded.

Restrict or inhibit any other user from using and enjoying the Communication Services.

Violate any code of conduct or other guidelines that may be applicable for any particular Communication Service.

Harvest or otherwise collect information about others, including e-mail addresses, without their consent.

Violate any applicable laws or regulations.

ALS has no obligation to monitor the Communication Services. However, ALS reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. ALS reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

ALS reserves the right at all times to disclose any information as 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 ALS sole discretion.

Always use caution and your own independent judgment regarding your interactions with other parties in any Communication Service and/or when considering information and/or advice provided through any Communication Service.

Always use caution when giving out any personally identifying information about yourself or your children or your animals in any Communication Service. ALS does not control or endorse the content, messages, or information found in any Communication Service, and, therefore, ALS specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Participants are not authorized ALS spokespersons, and their views do not necessarily reflect those of ALS.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

Classified Listings and Communication Services 

Classified listings may be a function of Communications Services. Use of classified listings is conditioned on your warranty that you are at least 18 years of age and possess the legal authority to enter into this agreement and to use ALS classified listings, including the buying, selling and listing of items, and any other services offered on the ALS Web Sites (collectively, the “Services”) in accordance with all terms and conditions herein. If you are buying or selling goods using the Services, you further warrant that you have legal authority to enter into other binding agreements for the sale or purchase of goods. You agree to be financially responsible for all of your use of the Services (as well as for use of your account by others, including without limitation minors living with you). You agree to supervise and be responsible for all usage of minors of the Services under your name or account. You also warrant that all information supplied by you or members of your household in using the Services, including without limitation your name, e-mail address, street address, telephone number, credit card number, and if you are selling goods, all information about your listed goods, is true and accurate. Failure to provide accurate information may subject you to civil and criminal penalties.

ALS reserves the right to charge listing fees for certain listings, as well as transaction fees based on certain completed transactions using the Services. ALS further reserves the right to alter any and all fees from time to time, without notice. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of the Services.

Classified listings are offered solely as a forum for you to use the Services to buy and sell goods. ALS is not involved in any transaction between you and any other party who uses the ALS Web Sites, and is not acting as your or any other party’s agent. ALS cannot screen, censor, or otherwise control the listings or any transactions, including whether a listing is accurately described, whether an item can be legally purchased or sold in your jurisdiction, or whether a transaction will be completed as described by the seller or the buyer. Further, ALS cannot control or warrant the behavior of the users of the Services. As such, your use of classified listings and its Services is at your own risk, and ALS disclaims any liability with regard to use of the Services and any actions resulting from your or any other party’s participation in the Services. You hereby agree to release ALS, its suppliers, service partners, agents, employees, consultants, and trustees from all claims, demands, and damages, whether actual or consequential, of every kind, whether known or unknown, disclosed or undisclosed, arising out of or relating to any and all classified listings, transactions, or any other use of ALS classified listings and the Services. Further, because ALS is not involved in any transactions between you and other users of the Services, ALS cannot and will not be involved in resolving any disputes relating to any completed or uncompleted transaction for the purchase or sale of listed goods.

You warrant that you will abide by all additional procedures and guidelines, as modified from time to time, in connection with your use of the Services. You further warrant that you will comply with all applicable laws and regulations regarding use of the Services. Without limitation, by listing an item for sale, you warrant that you have the legal right to sell the item, that the item is not counterfeit, and that it is a genuine and authentic item as described by the seller; by making a bid or offer to purchase, you warrant that you have the legal right to make the bid and the resources to honor the bid.

It is your responsibility to determine whether the purchase or sale of any listed item is authorized by law, statute, or regulation. Without limitation, the following items may not be sold or offered for sale on ALS Web Sites: firearms, explosives, and ammunition; alcoholic beverages; tobacco products; food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; counterfeit, pirated or other unauthorized software, including unlicensed back-up copies, beta or pre-release software, academic edition software licensed solely for use by authorized educational institutions and other users, “fulfillment” software or other software not intended for general public distribution, copies installed on hardware hard drives without authorization, or software unbundled from the hardware it was purchased on or with; any goods that infringe or otherwise violate another party’s rights, including copyright, patent, trademark, or rights of publicity or privacy; goods that are, in ALS’ sole discretion, indecent, obscene, offensive, or pornographic; registered or unregistered securities; goods that you do not have the legal right to sell; goods that are misrepresented or that do not in fact exist; goods that, if sold via the Services, would cause ALS to violate any law, statute, or regulation.

ALS reserves the right to cancel any listing or bid at any time for any reason, with or without cause, and reserves the right to prohibit or restrict access to the Services to anyone at any time, with or without cause.

Materials Provided to ALS or Posted at Any ALS Web Site

ALS does not claim ownership of the materials you provide to ALS (including feedback and suggestions) or post, upload, input, or submit to any ALS Web Site or its associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting ALS, its affiliated companies, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses and other publication venues including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein. ALS is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in ALS sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

Software Available on the ALS Web Sites

Software (if any) that is made available to download from the ALS Web Sites, excluding software that may be made available by end-users through a Communication Service (“Software”), is the copyrighted work of ALS and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, ALS hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular ALS Web Sites in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by ALS and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ALS WEB SITES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ALS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE ALS WEB SITES AT ANY TIME. ADVICE RECEIVED VIA THE ALS WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL,VETERINARY, LEGAL, OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

ALS’ sole obligation to you is to use its best efforts in providing you with an online portal to information, software, products, services, and communication services relative to ALS business interests. You acknowledge that the science and art of BOTH animal behavior and animal training is not exacting and that there are inherent risks in living with, training, and managing live animals, and therefore you accept that ALS makes no warranty as to the effectiveness and outcome of any and all content obtained through the ALS WEB SITES.

ALS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE ALS WEB SITES FOR ANY PURPOSE.

ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ALS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL ALS AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE ALS WEB SITES, WITH THE DELAY OR INABILITY TO USE THE ALS WEB SITES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE ALS WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE ALS WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ALS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE ALS WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE ALS WEB SITES.

Service Contact: webmaster@animallearningsystems.com

Any feedback you provide to ALS shall be deemed to be non-confidential. ALS shall be free to use such information on an unrestricted basis.

Access Termination

ALS reserves the right, in its sole discretion, to terminate your access to any or all ALS Web Sites and the related services or any portion thereof at any time, without notice.

General

This agreement is governed by the laws of the State of Michigan, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Michigan, U.S.A., in all disputes arising out of or relating to the use of the ALS Web Sites. Use of the ALS Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and ALS as a result of this agreement or use of the ALS Web Sites. ALS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of ALS’ right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the ALS Web Sites or information provided to or gathered by ALS with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and ALS with respect to the ALS Web Sites, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and ALS with respect to the ALS Web Sites. 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.

Copyright and Trademark Notices:

All contents of the ALS Web Sites are: Copyright © 2010 – Present, ALS and/or its partners, 18540 Mack Avenue, Grosse Pointe Farms, MI, 48236, U.S.A. All rights reserved.

ALS and/or other ALS products referenced herein are either trademarks or registered trademarks of ALS. The names of actual companies and products mentioned within ALS Web Sites may be the trademarks of their respective owners.

Any rights not expressly granted herein are reserved.