We at MacRae Way The Academy (“We” “Us”) welcome you to www.macraeway.com (the “Service”). The Service provides on-line resources including sheepdog training videos, articles downloads, podcasts and more.
These Terms confer only the right to use the Service while these Terms and the specified license(s) are in effect, and they do not convey any rights of ownership in or to the Service. All right, title and interest, including without limitation any copyright, patent, trade secret or other intellectual property right in the Service and any of our content such as our proprietary videos, cone exercises, training method and sheepdog training materials (“Our Content”) will remain our sole property. Any services provided to you under these Terms, and other data or materials that are prepared in the performance of such services hereunder, and all right, title and interest in the foregoing, will belong to us.
You agree not to distribute in any medium any part of the Service or Our Content without our prior written authorization.
You agree not to reverse engineer or otherwise alter or modify any part of the Service or represent our training method, philosophies or exercises as your own.
You agree not to display any of Our Content in whole or in part as part of any public performance or display even if no fee is charged. This includes attempting to replicate our content for sale, such as at clinics or lessons. You agree not to use any of Our Content in conjunction with any stream-ripping, stream capture or similar software to record or create a copy of any of Our Content that is presented to you in streaming format.
You agree not to access Our Content through any technology or means other than the video playback pages of the Service or other explicitly authorized means we may designate.
You agree not to use the Service for any of the following commercial uses unless you obtain our prior written approval:
the sale of access to the Service; and/or
the sale of advertising, sponsorships, or promotions placed on or within the Service or Our Content.
From time to time, we may modify or amend the Terms. If we do so, we will post any such modifications or changes in the Service. If you continue to use the Service following such a posting, you accept any such change or modification.
We wish to remind you that you are solely responsible for any material or content that you post in the Service, regardless of the manner in which you post it. Similarly, your use of, or reliance on, any material or content posted in the Service is at your own risk.
You acknowledge and agree that you are solely responsible for any content that you post and any and all activity that occurs under your account (even if such Content is posted by someone else using your account), and that you have all rights necessary to upload all content uploaded to the Service through your account (“Your Content”). You further acknowledge and agree that Your Content and your other activities in connection with the Service do not, and will not, violate, infringe, or misappropriate any third party’s intellectual property right, right of privacy or publicity, or other personal or proprietary right, nor does Your Content contain any matter that is defamatory, obscene, unlawful, threatening, abusive, tortious, offensive or harassing.
We will not, under any circumstance, be liable in any way for any content, including, but not limited to, any errors or omissions in any material or content, or any loss or damage of any kind that you incur as a result of your use of, or your acting in reliance on, any material or content posted, e-mailed, transmitted, or otherwise made available in the Service.
We may, but have no obligation to:
Monitor, or moderate any material or content posted in the Service;
Remove any material or content from the Service; and
Restrict access to any part of the Service at any time in our sole discretion and without advance notice.
Use of the Service
Use of the Service is subject to prior registration and your continued compliance with these Terms, which we may revise from time to time. We reserve the right to refuse participation of any party at any time in our sole discretion. Moreover, you represent and warrant that you will use the Service in compliance with any and all applicable laws and regulations.
Registration; Pricing, Payment, Renewal, Cancellation
These Terms govern the use of the Service. By registering with the Service, you become a Registered Member and accept these Terms. As a Registered Member, you may use the basic features of the Service. Certain additional features as listed in the Service, such as video lessons, articles and downloads are available in the Service for a monthly fee. Available membership types and applicable fees (“Membership Fees”) can be found on our site. The Service is billed in advance for a period of 30, 180 or 365 days and is non-refundable.
As a Registered Member, you agree and acknowledge that any of your Registered Member credentials, such as usernames and passwords, or member benefits, such as Coupon Codes are for your personal use only and you may not share them with, or allow their use by, any third parties. You further agree you will not use unauthorized coupon codes for discounts.
By using the Service and becoming a Registered Member and, where applicable, subscribing to the additional features available in the Service, you agree to pay us all the Membership Fees associated with you. You also authorize us to charge you for any sales or similar taxes that may be imposed on your fees. Applicable fees will be charged from you and payments will become due upon you becoming a Registered Member and/or subscribing to the additional features, and you authorize us to charge you using the payment method(s) available in the Service (the “Designated Payment Method”).
You agree and acknowledge that we may correct any billing errors or mistakes that we may have made even if we have already requested or received payment from you. The terms of your payment will be based on your Designated Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of the Designated Payment Method.
Your Premium subscription to the Service will be renewed automatically for your designated subscription period, unless you cancel your subscription on or before the expiration of the applicable billing period.
If you wish to completely remove your account, and removing all of your Content, from the Service, please e-mail us at firstname.lastname@example.org with your removal request on the subject line. This information cannot be recovered once your account is cancelled. All of Your Content, as defined above, is no longer accessible in the Service upon cancellation. If you cancel the Service before the end of your current paid up billing period, your cancellation will take effect immediately and you will not be charged again. However, we will not issue any prorated refunds of the remainder of the then-current billing period for which you have paid. Please note that in the event you use PayPal to pay for the Service, you must cancel any payments associated with the Service through PayPal.
You are solely responsible for Your Content. You will not post on the Service, or transmit to other users of the Service, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity). You will not provide inaccurate, misleading or false information to us or to any other registered user of the Service. If information provided to us, or another registered user of the Service, subsequently becomes inaccurate, misleading or false, you will promptly notify us of such change.
We may, but have no obligation to, in our sole discretion and without notice, review and delete any User Content.
You acknowledge and agree that Your Content, whether publicly posted or privately transmitted to the Service, is your sole responsibility. We disclaim any responsibility for the backup and/or retention of any of Your Content transmitted to the Service. If you transmit Your Content to the Service, you understand and agree that Your Content may be reproduced, distributed, publicly performed and publicly displayed on the Service for the purpose of providing the Service.
The following types of Your Content are examples of Your Content that is prohibited in the Service:
Your Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Your Content that is harassing;
“Junk mail,” “chain letters,” or “spam”;
Your Content that promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
Your Content that purports to solicit passwords or personal data for commercial or unlawful purposes from other registered users of the Service; and
Your Content of commercial nature without authorization from us.
You shall not, and shall not authorize any third party to: (i) submit any material which includes incorrect, incomplete or otherwise misleading information, or use of which would be illegal or would infringe third party rights, (ii) use any material in a way which could be regarded as deceptive marketing or marketing contrary to sound business practices, (iii) submit any material that contains any pornographic, hate-related or violent content, (iv) act in any way that violates these Terms, as may be revised from time to time by the Service, (v) engage in any action or practice that reflects poorly on the Service or otherwise disparages or devalues its reputation or goodwill, (vi) make features or functionalities of the Service available on any website which features illegal, infringing, or offensive information or content, which includes, but is not limited to, pornography, racism and hate content, adware, spyware, Peer2Peer and file sharing, or (vii) create a new account to use the Service after we have terminated this agreement with you as a result of your violation of these Terms. You undertake to notify us with no undue delay of any known or suspected improper or wrongful use of the Service.
We reserve the right, in our sole discretion, to remove data containing prohibited content and to terminate or suspend the rights of a submitter of such content to use the Service. Suspended or terminated users of the Service remain obligated to pay us for any and all unpaid fees.
You can contact us by sending email us at email@example.com. We are generally available during regular CST business hours.
Blocking of IP Addresses
In order to ensure the integrity of the Service, we reserve the right at any time in our sole discretion to block users from certain IP addresses from accessing the Service.
Privacy and Security
Respect the privacy of other users;
Not engage in unauthorized collection of users’ content or information, and/ or not otherwise access the Service by automated means (including, but not limited to, so-called bots or scrapers) without an authorization from us;
Not reveal any personal data related to another individual, including, but not limited to, a person’s address, phone number, e-mail address, credit card number or any information that may otherwise be used to track, contact or impersonate another individual;
Not utilize a username that is the name of another person and intending to impersonate that person; and
Not provide any false personal data to us or create any user account for anyone other than yourself without such person’s permission.
Please be reminded that you must protect any passwords or other credentials associated with your account for the Service, and take full responsibility for any use of the account under your password.
(i) The Service is Available “AS-IS”
Your access to and use of the Service is at your own risk. You understand and agree that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, OUR AFFILIATES AND WE DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon. We will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Service. Moreover, you agree that we do not have responsibility or liability for the deletion of, or the failure to store or to transmit, any material or content and other communications maintained in the Service. We make no warranty that the Service will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the Service or our representatives, will create any warranty not expressly made herein.
(ii) Links to Third Party Websites
The Service may contain links to websites owned and/or operated by third parties. Such links are provided for informational purposes only. We are not responsible for any such third party websites and do not have control over any materials or content made available therein. Our inclusion of a link to a third party website in the Service does not in any way imply our endorsement, advertising, or promotion of such websites or any materials or content made available therein. By accessing a third-party website you accept that we do not exercise any control over such websites or their content. We have no responsibility for the content of any third-party website. We encourage you to familiarize yourself with the terms of service applicable to any third-party website you may access.
(iii) Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF ANTICIPATED SAVINGS; ACCRUED BUT WASTED EXPENDITURE; COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE, INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF ANY MATERIAL OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE. IN SOME JURISDICTIONS THE APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IN ALL CASES OUR MAXIMUM LIABILITY IS LIMITED TO ANY FEES PAID BY YOU TO US.
You agree to indemnify and hold us harmless from any claim or demand, including attorneys’ fees, made by any third party due to or arising out of your breach of these Terms, or your violation of any law or the rights of a third party. Nothing in these Terms shall be deemed to exclude or limit your liability in respect of any indemnity given by you under these Terms. We reserve the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such a case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
Our failure to exercise any rights under these Terms shall not constitute or be deemed a waiver or forfeiture of such rights or a waiver or forfeiture of such rights in the future. In the event that any provision of these Terms is held to be invalid or unenforceable by a court or tribunal of competent jurisdiction for any reason, the remaining provisions of these Terms will remain in full force and effect.
The Service is operated and provided by MacRae Sheepdogs. If you have any questions about these Terms, please contact us at firstname.lastname@example.org
We reserve the right to discontinue offering the Service or to modify the Service at any time in our sole discretion and without notice. Notwithstanding anything contained in these Terms to the contrary, we may also, in our sole discretion, terminate or suspend your access to the Service and/or your Membership at any time. Following termination, all such terms that by their nature may survive termination of these Terms shall be deemed to survive such termination.