UPWARDDOGOLOGY.COM TERMS OF USE Last updated on April 21, 2021

The UPWARD Dogology and Billie Groom (together with its affiliates, the “Company”, "we", "us", "our" and terms of similar meaning) provides this website (this site and any software provided by the Company for use with the site, the "Site") to you subject to these terms of use (these "Terms"). In these Terms we describe users ("Users") of the Site as both registered and unregistered users. Please read these Terms carefully before using the Site. By accessing, using or browsing the Site you agree to be legally bound by these Terms and all terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site and must exit the Site.

The Company reserves the right to change or modify any of the terms and conditions contained in these Terms, or any policy or guideline of the Site, at any time and in its sole discretion. If we do so, we will notify you at the email address you provide in your registration information, if such an email address has been provided. If you do not agree with the changes, you must cease use of the Website and cancel your account. If you register for an account on the Site, you agree to (a) provide accurate, current and complete information as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to the Site, and to keep it accurate, current and complete; and (d) accept all risks and liabilities arising from unauthorized access to the Registration Data and any other information you provide to the Site. You are solely responsible for all activity on your Site account.

In these Terms, “Content” includes any and all information, text, images, video, audio, data, logos, marks, designs, graphics, pictures, processes, intellectual property, sound files, other files, and the selection and arrangement thereof, the look and feel of the Site, and any software on the Site. “Services” includes any and all products, materials, and services made available through the Site, associated with the Content, or made available in association with the services offered through the Site, including but not limited to dog training, consulting, or providing advice on canine behaviour and related topics offered or provided by the Company. Content provided by Users is called "User Content". User Content is that User's property. The Company’s only right to that User Content is the limited licenses to it granted in these Terms.The Site, Content, and Services are for your personal, non-commercial use only and is strictly subject to these Terms. You will not, in any way, reproduce, copy (including screen shots), sell, lease, distribute, adapt, make commercial use of, or provide them in any way to anyone else. You will not use the Site, Content, or Services for any other purpose that is unlawful under applicable law, or prohibited by these Terms.

The Content is provided to you solely for your use while engaging with the Services. You will not, in any way, reproduce, copy (including screenshots), distribute, adapt, or use any of the Site, Content, or Services for any purpose other than as expressly set out in these Terms. You will not solicit, harvest, manipulate, access or otherwise collect information regarding the Site, Content, Services, Users, or third parties, or their respective interests, property, or data. You will not bypass any measures we take to restrict access to the Site, Content, or Services or use any software, technology, or device to scrape, spider, or crawl the Site, Content, or Services. You agree not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell, or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site, Content, or Services except as permitted under these Terms or as expressly provided for under applicable law.

You agree not to use the Site, Content, or Services to distribute viruses, malware, phishing scams, or any other similar harmful software code, content or technologies or otherwise take any actions that do or are intended to harm the Company, Site, Content, Services, or Users. You will not interfere or attempt to interfere with access to the Content or the proper functioning of the Site or Services or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure. Moreover, you will not probe, scan or test the vulnerability of the software, system or network, or breach or attempt to breach security or authentication measures related to the Site, Content, or Services.

You agree not to represent or suggest that we endorse any other business, product, or service unless we have separately agreed to do so in writing. Other than the User Content, the Site, Content, Services, and all software available on the Site or used to create and operate the Site is the property of the Company or its licensors, and is protected by Canadian and international intellectual property laws, and all rights to the Site, Content, Services, and software are expressly reserved, which include without limitation all copyright, trademark, product names, company names, domain names, design rights, database rights, patent rights, trade secrets, and all other intellectual property rights of any kind, whether registered or unregistered anywhere in the world. Reference to any products, services, processes or other information (by trade name, trademark, manufacturer, supplier or otherwise) does not constitute or imply endorsement, sponsorship or recommendation thereof by the Company.

Nothing in this Agreement grants you any right, title, or interest in or to the Site, Content, or Services, other than the expressly provided limited license set out in these terms. Subject to your compliance with these Terms, the Company grants you a limited, personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license (the “License”), to access and use the Content and Services within the confines of the Site strictly for personal, non-commercial dog training purposes or for consultations provided by the Company.

Nothing in these Terms grants you any right, title, or interest in or to the Site, Content, or Services other than as necessary to enable you to access and use the Site for personal, non-commercial dog training purposes or for consultations provided by the Company in compliance with these Terms. This License expressly excludes the right to use and reproduce the Site, Content, or Services for any purpose including any commercial purposes outside the confines of the Site and outside those expressly contemplated within the Services.

You shall not use, copy (including screenshots), publish, adapt, distribute, modify, publicly display, prepare derivative works based upon, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, download or otherwise exploit the Site, Content, or Services except as expressly permitted in these Terms.

No licenses or rights are granted to you by implication or otherwise, except for the License and rights expressly granted in this Agreement. The License applies to you only for the duration of your personal, non-commercial use of the Site, Content, or Services. The License terminates at the end of your personal, non-commercial use of the Site, Content or Services.

As a condition of your use of the Site, Content, or Services, you warrant to the Company that you will not use the Site, Content, or Services for any purpose that is unlawful or prohibited by these Terms. User Content is solely the responsibility of Users. We have no responsibility or liability for User Content, including any loss or damage it may cause to other people. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Site, and we may do this at any time and for any reason. The Company does not claim ownership to the User Content you post to the Site. However, by posting, uploading, inputting, providing or submitting User Content you hereby grant the Company and necessary sublicensees a worldwide, irrevocable, non-exclusive, fully paid-up, and royaltyfree license to use, produce, reproduce, publish, adapt, translate, modify, delete, add to, publicly display, publicly perform, distribute, transfer, and sublicense the User Content in association with the Site, Content, and the Services, and to authorize others to do all of the foregoing for the purpose of providing the Services in accordance with these Terms.

By posting, uploading, inputting, providing or submitting User Content you hereby warrant and represent that you own or otherwise have all legally required permissions in and to your User Content as described herein, including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Content. Except as expressly permitted above, any use of any portion of the Site, Content, or Services without the prior written permission of its owner is strictly prohibited and will terminate the License granted in these Terms and your account with us and may be subject to legal action. You represent and warrant that your use of the Site, Content, and Services will be consistent with the licenses described herein and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law.

The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. Your use of links to Third-Party Sites, and any Third-Party Content or services provided therein are at your own risk. The Company does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. While the Company attempts to make your access to and use of the Site safe, the Company does not represent or warrant that the Site or any Content are free of viruses, malware, phishing scams, or any other similar harmful software code, content or technologies or other harmful components.

THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE, CONTENT, AND SERVICES FOR ANY PURPOSE. YOU AGREE THAT YOUR USE OF THE SITE, CONTENT, AND SERVICES SHALL BE AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE, CONTENT, AND SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY FAILURE BECAUSE OF COMPUTER HARDWARE OR COMMUNICATION SYSTEMS. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SITE, CONTENT, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE, CONTENT, AND SERVICES OR THE CONTENT OF ANY WEBSITE AND/OR SERVICE LINKED TO THE SERVICES. THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES ON OR IN THE SITE, CONTENT, OR SERVICES; (II) PERSONAL INJURY, LOSSES, OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS, USE, OR PERFORMANCE OF THE SITE, CONTENT, OR SERVICES; (III) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, CONTENT, OR SERVICES; (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE, CONTENT, OR SERVICES; (V) ANY ERRORS OR OMISSIONS IN THE SITE, CONTENT, OR SERVICES; (VI) FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE OR SERVICES; AND/OR (VII) INFRINGEMENT OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, PROFITS AND/OR INFRINGEMENT ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE ACCESS, USE, OR PERFORMANCE OF THE SITE, CONTENT, OR SERVICES; THE DELAY OR INABILITY TO USE THE SITE, CONTENT, OR SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE ACCESS TO THE SITE OR TO PROVIDE THE CONTENT OR SERVICES; OR FOR ANY CONTENT OBTAINED THROUGH THE SITE OR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, CONTENT, OR SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, CONTENT, OR SERVICES OR ANY PORTION OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE, CONTENT, AND SERVICES

You shall defend, indemnify and hold harmless the Company, its officers, directors, employees, agents, licensors, suppliers, and the other affiliated parties from any loss, damages, liabilities, costs, expenses, claims and proceedings arising out of your use of the Site, Content or Services and from the use of the Site, Content or Services by any person to whom you give access to your account, including any claims made by any person that any of your User Content infringes the rights, including the intellectual property rights, of any third party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you hereby represent that you will fully cooperate with the Company in asserting any available defenses.

The Site, Content, and Services are operated by the Company from its offices in Saskatchewan, Canada. You and the Company both benefit from establishing a predictable legal environment in regard to the Site, Content, and Services. Therefore, you and the Company explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company may assign any or all of its rights hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of the Company, and any such attempted assignment will be void and unenforceable.

These Terms constitute the entire agreement between you and the Company regarding your use of the Site, Content, or Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and the Company regarding your use of the Site, Content, or Services