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Terms of Use

Terms of Use

Welcome to Biscuit Training Inc. These terms and conditions (the “Terms of Use”) govern your (“you” or “your”) access to and use of the Biscuit Training family of websites (collectively, “Biscuit”, “we”, “our” or “us”). These Terms of Use apply to all Biscuit websites, including biscuittraining.com, biscuit.circle.so (together with any other BISCUIT websites, the “Sites”) as well as to any downloadable applications that BISCUIT makes available (the “Apps” and, together with the Sites, the “Platforms”), and all services provided by BISCUIT via the Sites, including without limitation, our monthly subscription, product and gift services (collectively, the “Services”). Together you and Biscuit Training may be referred to as the “Parties” or separately as “Party.”

THIS DOCUMENT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT APPLY TO YOU. PLEASE READ IT CAREFULLY.

BY ACCESSING OR USING THE PLATFORMS (AS DEFINED BELOW), YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE (INCLUDING THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER SET FORTH HEREIN, PURSUANT TO WHICH YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION (EXCEPT AS OTHERWISE PROVIDED HEREIN) AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION) AND OUR PRIVACY POLICY, AND YOU REPRESENT THAT (A) YOUR ACCESS TO AND USE OF THE DIGITAL PLATFORMS WILL BE IN ACCORDANCE WITH THESE TERMS OF USE AND ALL APPLICABLE LAWS, RULES AND REGULATIONS AND (B) YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING CONTRACT.

If you do not agree to these Terms of Use and the Privacy Policy, you may not access or otherwise use the Platforms.

We reserve the right to change these Terms of Use from time to time for any reason, which shall be effected by posting of the updated Terms of Use to our Platforms; provided that such changes shall not apply to any fee-bearing subscriptions to the Services which are then in effect until the expiration or termination of such subscription. These Terms of Use apply to all Biscuit’s services and features unless otherwise indicated.

PLEASE READ THESE TERMS OF USE CAREFULLY, AS THEY CREATE A BINDING CONTRACT BETWEEN YOU AND BISCUIT. FURTHER, THESE TERMS OF USE CONTAIN AN AGREEMENT TO ARBITRATE, WHICH REQUIRES THAT YOU AND BISCUIT ARBITRATE CERTAIN CLAIMS BY BINDING, INDIVIDUAL ARBITRATION INSTEAD OF GOING TO COURT AND LIMITS CLASS ACTION CLAIMS, UNLESS YOU OPT OUT OF THE AGREEMENT TO ARBITRATE AS DESCRIBED IN THE ARBITRATION SECTION (SEE SECTION 24 “ENFORCEMENT - AGREEMENT TO ARBITRATE”).

BISCUIT provides a subscription service for pet parents raising and training dogs and puppies. Access to the Platforms, use of the Services, and purchase of the Products is subject to these Terms of Use and the BISCUIT Privacy Policy available on the Website.

 

 

1. Acceptance of Terms of Use Agreement.

By creating a Biscuit account or by using any Biscuit service, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed to you if you purchase or have purchased additional features, products or services we offer on the Service (collectively, this “Agreement”). 

 

2. Eligibility.

You must be at least 18 years of age to create an account on Biscuit and use the Service. By creating an account and using the Service, you represent and warrant that:

  • you can form a binding contract with Biscuit,

  • you are not a person who is barred from using the Service under the laws of the United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),

  • you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements,

  • you have not committed, been convicted of, or pled no contest to a felony, a sex crime, or any crime involving violence or a threat of violence, unless you have received clemency for a non-violent crime and we have determined that you are not likely to pose a threat to other users of our Service, and that you are not required to register as a sex offender with any state, federal or local sex offender registry,

  • you will use the latest version of the Service (via app or website),

  • you do not have more than one account on the Service, and

  • you have not previously been removed from the Service by us, unless you have our express written permission to create a new account.

If at any time you cease to meet these requirements, all authorization to access our Service or systems is automatically revoked, and you must immediately delete your account.

 

3. Your Account.

In order to use Biscuit, you may sign in using a number of ways.

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for Biscuit, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us.

 

4. Safety; Your Interactions with Other Members.

You agree to treat other users in a courteous and respectful manner, both on and off our Services and to be respectful when communicating with any of our customer care representatives or other employees. Though Biscuit strives to encourage a respectful member experience, Biscuit is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow Biscuit’s Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT BISCUIT DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS MEMBERS. BISCUIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS. BISCUIT RESERVES THE RIGHT TO CONDUCT – AND YOU AUTHORIZE BISCUIT TO CONDUCT – ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS OBTAINED BY IT OR WITH THE ASSISTANCE OF A CONSUMER REPORTING AGENCY, AND YOU AGREE THAT ANY INFORMATION YOU PROVIDE MAY BE USED FOR THAT PURPOSE.

 

5. Community Rules

By using the Service, you agree that you will not:

  • use the Service for any purpose that is illegal or prohibited by this Agreement.

  • use the Service for any harmful or nefarious purpose.

  • use the Service in order to damage Biscuit.

  • violate our Community Guidelines, as updated from time to time.

  • spam or solicit money or other items of value from another member, whether as a gift, loan, or other form of compensation, or otherwise defraud any members.

  • impersonate any person or entity or post any images of another person without his or her permission.

  • bully, “stalk,” intimidate, assault, harass, mistreat or defame, or otherwise mistreat any person.

  • post any Content that violates or infringes anyone’s rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.

  • post any Content that is hate speech, threatening, sexually explicit or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.

  • post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.

  • solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission.

  • use another user’s account, share an account with another user, or maintain more than one account.

  • misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity.

  • create another account if we have already terminated your account, unless you have our permission

 

6. Scope of Service

 

Biscuit maintains the Platforms as a service to the users who visit the Platforms subject to these Terms of Use. You are responsible for obtaining any equipment and Internet service necessary to access the Platforms and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue the Platforms, or the Services in whole or in part, at any time and for any reason, without notice. We may restrict access to portions of our Platforms and/or Services, for some or all users, from time to time. The Platforms may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.


 

7. Website Content

Users have a personal, non-transferable, non-exclusive right to access and use the Content of these Platforms subject to these Terms of Use. The term “Content” means all information, text, images, data, links, software, or other material accessible through the Platforms, or Services, whether created by us or provided by another person for display on the Platforms, or through the Services.

The Content may contain typographical errors, other inadvertent errors or inaccuracies. We reserve the right to make changes to document names and content, descriptions or specifications of products or services, or other information without obligation to issue any notice of such changes.

You may view, copy, download, and print Content that is available on this website or through the Services, subject to the following conditions:

  • The Content may be used solely for internal informational purposes. No part of this website or its Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose.

  • The Content may not be modified.

  • Copyright, trademark, and other proprietary notices may not be removed.

Nothing contained on the Platforms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Platforms or any Content displayed on the Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these terms of use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on the Platforms.


 

8. Registration and Subscriptions; Product Sales

 

  • a. Registration. Certain of our Services are reserved for registered users. In order to become a registered user (each, a “Client”), we will ask you to complete a registration form and provide a user name or email and create a password (“Login Credentials”). During any such registration, you are required to give truthful contact information (such as name and email address) in accordance with these Terms of Use. Certain Services may also require additional information, such as credit card information and information about your dog. You are responsible for protecting your Login Credentials from unauthorized use, and you are responsible for all activity that occurs on your account (including without limitation financial obligations). You agree to notify us immediately if you believe that your Login Credentials have been or may be used without your permission so that appropriate action can be taken. We are not responsible for losses or damage caused by your failure to safeguard your Login Credentials. For your convenience as a Biscuit user or subscriber, all information that you provide to Biscuit is subject to Biscuit’s Privacy Policy. You are responsible for keeping your registration information up to date through your account page, to the extent such feature is made available on the Platforms for the applicable Service.

  • b. Acknowledgement to Receive Email or Push Notifications. In order to start your ongoing monthly subscription, you must register as a member on the applicable Platform. To register, you can simply provide information about your dog, your shipping information including your address and billing information, and your valid email address and password to create your login profile. All information that you provide to Biscuit, including your credit card information, is subject to Biscuit’s Privacy Policy. You are responsible for keeping your registration information up to date through the account page on the Platforms.

As a registered user of Biscuit, you agree to receive emails promoting any special offer(s), including third party offers. We may from time to time send you push notifications or email messages with information about upcoming events, or information about our service offerings from us and our partners monthly newsletter. You may opt-out from receiving correspondence from us special promotions or our newsletter by you may opt out of receiving them by clicking on the "unsubscribe" link in any promotional email.

 

9. Billing and Payments

We may make the Services available, including monthly Biscuit subscriptions, for free or for a fee from time to time. We reserve the right to change our fee structure at any time, except for the subscription fees applicable to any then-current fee-bearing subscription period. We also reserve the right to initiate special incentive pricing, membership and other programs, which may be limited, at our sole discretion, to defined and limited existing users or new users. If you purchase any Services that we offer for a fee, either on a one-time or subscription basis, you agree to pay Biscuit directly or via its third party payment processing service provider. You also agree to pay the applicable fees for such Services (including, without limitation, periodic fees for subscriptions) as they become due plus all related taxes.
The price of the Services and/or goods is payable in full before delivery. We accept the following credit cards at this time: Visa and MasterCard


 

10. Subscription Renewals

 

You will automatically be charged each month for your ongoing subscription. IF YOU HAVE COMMITTED TO A SUBSCRIPTION PLAN LASTING LONGER THAN ONE MONTH (I.E., 6 OR 12 MONTH PLANS), YOU WILL AUTOMATICALLY BE CHARGED EACH MONTH DURING THAT SUBSCRIPTION PERIOD, EVEN IF YOU HAVE CANCELLED YOUR SUBSCRIPTION PRIOR TO THE END OF THAT SUBSCRIPTION PERIOD. FURTHER, YOUR SUBSCRIPTION TO SUCH SERVICE WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD. To cancel, you must login and cancel the subscription on the Platform applicable to such Service by the first day of the month following the end of your then-current subscription period, or contact u through the contact information on our website. YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME. All cancellation requests received after the first day of the calendar month following a subscription period will apply to the following subscription period. We may refuse to renew any subscription in our sole discretion.


 

11. Payment

 

You agree that Biscuit may charge your payment method for any services, subscriptions or products you purchase and for any additional amounts (including any taxes, including local sales tax or VAT, and late fees, as applicable) that may be accrued by or in connection with your account associated with your Login Credentials. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING BISCUIT WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES THROUGH ONE OF THE METHODS THAT WE LIST ON THE SHIPPING, RETURN AND EXCHANGE POLICY FOR THE PLATFORM APPLICABLE TO SUCH SERVICE, SUBSCRIPTION OR PRODUCT FROM TIME TO TIME. You may be charged, and you agree to pay, local sales tax or VAT, if applicable.
Prices for the products and services offered via the Platforms may change at any time, and we do not provide price protection or refunds in the event of a price reduction or promotional offering. For your convenience and continuous subscription benefits as a member, if your payment method reaches its expiration date and you do not edit your credit card information or cancel your account, you authorize us to continue billing that credit card on file including extending the expiration date until we are notified by you or the credit card company that the account is no longer valid. We encourage you to constantly update your payment method information or cancel your account should you wish to discontinue your monthly purchase of products.
We use a third party payment service in lieu of directly processing your credit card information. By submitting your credit card information, you grant Biscuit the right to store and process your information with the third party payment service, which it may change from time to time; you agree that Biscuit will not be responsible for any failures of the third party to adequately protect such information. All financial matters regarding your information are subject to the conditions of the third party payment service provider's terms of use and privacy policies. You acknowledge that we may change the third party payment service and move your information to other service providers that encrypt your information using secure socket layer technology (SSL) or other comparable security technology.


 

12. Order and Subscription Cancellations

 

We work hard to make your subscription satisfying; however, you may cancel your ongoing membership through the account page on the Sites or by contacting us. You must update your account by the first day of the month following the end of your then-current subscription period.
YOUR SUBSCRIPTION IS CONTINUOUS UNTIL YOU CANCEL AND, IF YOU CANCEL YOUR MEMBERSHIP BEFORE THE END OF AN EXISTING SUBSCRIPTION PERIOD, YOU WILL BE CHARGED FOR THE REMAINDER OF THAT SUBSCRIPTION PERIOD.
YOUR SUBSCRIPTION WILL CONTINUE UNTIL YOU CANCEL AND, IF YOU DO NOT CANCEL YOUR MEMBERSHIP PRIOR TO THE FIRST DAY OF THE MONTH FOLLOWING THE END OF A SUBSCRIPTION PERIOD, YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW FOR A NEW SUBSCRIPTION PERIOD OF THE SAME AMOUNT OF TIME.
All cancellation requests received after the first day of the calendar month following a Subscription Period will apply to the following Subscription Period.
We may terminate your membership, without notice, for conduct we believe violates these Terms of Use or our policies, is harmful to our business interests, or for an inactive account.


 

13. Refunds

Refunds. Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if the laws applicable in your jurisdiction provide for refunds.

For subscribers residing in Arizona, California, Colorado, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin, the terms below apply:

You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Biscuit) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription, which is allocable to the period after your disability by providing the company notice. Purchases of Virtual Items are FINAL AND NON-REFUNDABLE.

 

 

14. Content Submitted by Users

 

a. Submitted Content. Certain Biscuit Platforms and Services enable users to upload additional information which can be made accessible to other users and/ or the general public. You are solely responsible for any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “User Content”) that you submit, use, display or share on or via the Platforms. You must not submit, upload, post, display or share any User Content that you do not have the right to copy, use or share for the purpose of your use of the Platforms.
b. Ownership of Content. Biscuit does not claim ownership of any User Content. By submitting such User Content, however, you hereby grant Biscuit the right to copy, store and make that User Content available to other users in connection with your use of our Platforms and our Services, and to otherwise use such User Content online (including web, mobile and email) and in print, film and broadcast media. When you make available the User Content to users of our Platforms or Services, you provide all such recipients a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use such User Content. This license shall remain in effect until we delete the User Content from our systems.
c. User Representations. You represent and warrant that: (i) you own the User Content submitted and used by you on or through the Platforms or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the submission and use of your User Content on or through the Platforms does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content you provide will not contain libelous or otherwise unlawful, abusive or obscene materials; (iv) you agree to pay for all royalties, fees, and any other monies owed by reason of User Content you submit or use on or through the Platforms; (v) Biscuit will be entitled to use any User Content, as permitted herein, without incurring obligations of confidentiality, attribution or compensation to you; and (vi) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
d. Required Disclosures. You acknowledge and agree that Biscuit may store and/or preserve User Content and may also disclose User Content and/or other information provided by you if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the terms of these Terms of Use; (c) respond to claims that any User Content violates the rights of third-parties in accordance with these Terms of Use; and/or (d) protect the rights, property, or personal safety of Biscuit, its representatives and/or agents, its users or the public.
e. Accuracy: You may use this Website (but not subscribe to our Services) without volunteering personally identifiable information. Please refer to our Privacy Policy for additional information on our practices for handling personally identifiable information. However, if you choose to provide information to register for or participate in a service, event, or promotion on the Platforms or to use our Services, you agree that you will provide accurate, complete, and up to date information as requested on the screens that collect information from you.
f. Liability: We are not responsible or liable for the conduct of users or for any views, opinions and statements expressed in Content submitted for public display through the Platforms, such as through an online discussion forum or chat room. We do not prescreen information posted to online discussion forums or chat rooms, if any. With respect to such forums and chat rooms, we are acting as a passive conduit for such distribution and are not responsible for Content. Any opinions, advice, statements, services, offers, or other information in Content expressed or made available by users of an online discussion forum or chat room are those of the respective author(s) or distributor(s) and not of Biscuit. We neither endorse nor guarantee the accuracy, completeness, or usefulness of any such Content. You are responsible for ensuring that Content submitted to the Platforms is not provided in violation of any copyright, trade secret or other intellectual property rights of another person or entity. You shall be solely liable for any damages resulting from any infringement of copyrights, trade secret, or other intellectual property rights, or any other harm resulting from your uploading, posting or submission of Content to the Platforms.
g. Monitoring: We have the right, but not the obligation, to monitor Content submitted to our Platforms through an online discussion forum or chat room, to determine compliance with these Terms of Use and any other applicable rules that we may establish. We have the right in our sole discretion to edit or remove any material submitted to or posted in any online discussion forum or chat room provided through these Platforms. Without limiting the foregoing, we have the right to remove any material that Biscuit, in its sole discretion, finds to be in violation of these Terms of Use or otherwise objectionable, and you are solely responsible for the Content that you post to the Platforms.
h. Lobbying: Federal law restricts lobbying activities by tax-exempt organizations. “Lobbying” includes certain activities intended to influence legislation. Content posted by users does not constitute lobbying by Biscuit, but may constitute lobbying by you or an organization that you represent. You are responsible for complying with any applicable lobbying restrictions.
 

 

15. Prohibited Content

 

  • By accessing the Platforms or any chat room, online discussion forum, or other service provided through our Platforms, you agree to abide by the following standards of conduct. You agree that you will not, and will not authorize or facilitate any attempt by another person to use our Platforms or any related chat room or online discussion forum to:

    • Transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, lewd, lascivious, or otherwise objectionable, as determined by Biscuit.

    • Use a name or language that Biscuit, in its sole discretion, deems offensive.

    • Post defamatory statements.

    • Post hateful or racially or ethnically objectionable Content.

    • Post Content which infringes another's copyright, trademark or trade secret.

    • Post unsolicited advertising or unlawfully promote products or services.

    • Harass, threaten or intentionally embarrass or cause distress to another person or entity.

    • Impersonate another person.

    • Promote, solicit, or participate in any multi-level marketing or pyramid schemes.

    • Exploit children under 18 years of age.

    • Engage in disruptive activity such as sending multiple messages in an effort to monopolize the forum.

    • Introduce viruses, worms, Trojan horses and/or harmful code to the Website.

    • Obtain unauthorized access to any computer system through the Website.

    • Invade the privacy of any person, including but not limited to posting personally identifying or otherwise private information about a person without their consent (or their parent's consent in the case of a child under 13 years of age).

    • Solicit personal information from children under 13 years of age.

    • Violate any federal, state, local, or international law or regulation.

    • Encourage conduct that would constitute a criminal or civil offense.


 

16. Intellectual Property Rights

 

Unless otherwise noted, all Content contained on the Platforms is the property of Biscuit and/or its affiliates or licensors, and is protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions and other intellectual property laws. Product names are trademarks or registered trademarks of their respective owners.
Unless otherwise noted, all information, text, images, audio, video, data, links, software, or other material which is not posted, uploaded or otherwise provided by you (“Biscuit Content”) is the property of Biscuit or its licensors (who may be other users of our Services). Biscuit Content is protected by copyright, trademark, patent, trade secret and other rights of Biscuit and its licensors, and, as between you and Biscuit, Biscuit retains all rights in the Biscuit Content, the Services and the Platforms, provided that, you have a non-transferable, non-sublicensable, non-exclusive, revocable, and limited right to access and use the Services, the Platforms and Biscuit Content solely for your use of the Services, subject to these Terms of Use.
Proprietary Markings; No Other Licenses. You shall not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Biscuit Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Biscuit Content. Nothing contained on our Platforms or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services, Platforms or Biscuit Content or trademarks, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with our prior written permission or the permission of such third party that may own the trademark or copyright of material displayed on our Platforms. The service marks and trademarks of Biscuit, including the logos, service marks and trademarks used and owned by Biscuit Training Inc. Any other trademarks, service marks, logos and/or trade names appearing via the Platforms are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
You may view, copy, download, and print Biscuit Content that is made available to you on our Platforms or through our Services, subject to the following conditions: You may only use the Biscuit Content for your internal informational purposes in compliance with all laws and regulations that apply to you. You may not resell or use the Services to provide services to any third party. You may not reproduce or transmit any part of our Services or the Biscuit Content in any form, by any means, electronic or mechanical, including photocopying and recording for any other purpose. You may not modify, alter, or prepare derivative works based on the Biscuit Content, or distribute copies of or publicly distribute, perform or display the Biscuit Content, including without limitation by posting the Biscuit Content on any network computer or distributing the Biscuit Content on or in any media, except as we may permit on a case-by-case basis. III. You may not remove copyright, trademark, and other proprietary notices from the Biscuit Content. Nothing contained within our Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use our Services or any Biscuit Content displayed on our Platforms, through the use of framing or otherwise, except: (a) as expressly permitted by these Terms of Use; or (b) with Biscuit’s prior written permission or the permission of the third party that owns the trademark or copyright of the Biscuit Content displayed on our Platforms.
We do not claim ownership of Content submitted by users without compensation by Biscuit and with the expectation that such Content will be made publicly accessible through our Website. By submitting such Content, however, you agree to grant us a world-wide, royalty-free, perpetual, irrevocable, non-exclusive license to use, distribute, reproduce, modify, adapt, create derivative works from, and publicly perform or display such Content. This license shall remain in effect until we delete the Content from our systems.


 

17. Notice and Procedure for Making Claims of Copyright Infringement.

If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please contact us and submit a takedown request.

If you contact us regarding alleged copyright infringement, please be sure to include the following information:

  • an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • a description of the copyrighted work that you claim has been infringed;

  • a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);

  • your contact information, including address, telephone number and email address, and the copyright owner’s identity;

  • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

  • a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Biscuit will terminate the accounts of repeat infringers.

 

18. Disclaimers.

BISCUIT PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. BISCUIT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

BISCUIT ASSUMES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.

BISCUIT DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

19. Third Party Services

This service may contain links to third party websites that are provided to you as a convenience. Any outside Website accessed from our service is independent from Biscuit, and we have no control over the content of such Websites. We are not responsible for the content of any linked Website or for any loss or damage incurred in connection with your use such links or dealings with the operators of such third party websites.


In no event shall any reference to any third party or third party product or service be construed as an approval or endorsement by Biscuit of that third party or of any product or service provided by a third party. Likewise, a link to any third party website does not imply that we endorse or accept any responsibility for the content or use of such a website. Biscuit does not endorse, warrant or guarantee any product or service offered by any third party through an online discussion forum or chat room accessible through these Platforms and will not be a party to or in any way monitor any transaction involving any third party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you are responsible for exercising appropriate judgment and caution.

 

20. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BISCUIT, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) THE CONDUCT OR CONTENT OF ANY MEMBERS OR THIRD PARTIES ON OR THROUGH ANY OF OUR WEBSITES OR IN CONNECTION WITH THE SERVICE; OR (III) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF BISCUIT HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BISCUIT’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE AMOUNT PAID, IF ANY, BY YOU TO BISCUIT DURING THE TWENTY-FOUR (24) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST BISCUIT, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION 21 SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

 

21. Indemnification

By using the Platforms, our Services, or Products, you agree to indemnify, hold harmless and defend Biscuit and its affiliates from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with use of the Platforms, Services, or Products by you or any other person accessing the Platforms using your member login account.

 

22. Termination

 

We may terminate any user's monthly subscription or access to our Platforms or Services, including access to any online discussion forum or chat room, in our sole discretion, for any reason and at any time, with or without prior notice. It is our policy to terminate users who violate these Terms of Use, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Platforms or Services. You may terminate your account at any time through the account page on the Platform applicable to that Service, or as otherwise provided on the Platform as updated from time to time. Biscuit will have no obligation to provide a refund of any amounts previously paid to Biscuit. Upon termination of your account under these Terms of Use, all license rights granted by you to Biscuit shall survive termination. Even after your right to use the Services is terminated or suspended, these Terms of Use will remain enforceable against you.



 

23. Enforcement - Agreement to Arbitrate

 

These Terms of Use shall be governed and interpreted pursuant to the laws of the State of Washington, United States of America, notwithstanding any principles of conflicts of law.
All disputes arising out of or relating to these Terms of Use shall be finally resolved by arbitration conducted in the English language in Seattle, WA U.S.A. under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of Washington. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys' fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of Washington or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards. Any purported award of punitive or multiple damages shall be beyond the arbitrator's authority, void, and unenforceable. BY AGREEING TO THESE TERMS OF USE, YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO HAVE A COURT HEAR CLAIM ARISING IN CONNECTION WITH THIS AGREEMENT, AMONG OTHER WAIVERS OF RIGHTS SET FORTH IN THIS AGREEMENT.
ANY CLAIMS BROUGHT BY YOU OR BISCUIT MUST BE BROUGHT IN THAT PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. NEITHER YOU NOR BISCUIT WILL PARTICIPATE IN A CLASS ACTION OR CLASS-WIDE ARBITRATION FOR ANY CLAIMS COVERED BY THESE TERMS OF USE. YOU HEREBY WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIMS RELATED TO THESE Terms of Use AND PRIVACY POLICY AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU MAY BRING CLAIMS ONLY ON YOUR OWN BEHALF.
You may opt out of this Agreement To Arbitrate. If you do so, neither you nor Biscuit can require the other to participate in an arbitration proceeding. To opt out, you must notify Biscuit in writing within thirty (30) days of the date that you first accepted, agreed to or became subject to these Terms of Use containing this arbitration provision. The opt-out notice must state that you do not agree to the Agreement To Arbitrate and must include your name, address, phone number, your Biscuit account to which the opt-out applies and a clear statement that you want to opt out of this Agreement To Arbitrate. You must sign the opt-out notice for it to be effective. This procedure is the only way you can opt out of the Agreement To Arbitrate. You must use this address to opt out:
Biscuit Training
ATTN: Arbitration Opt-out
6802 34th Ave NW

Seattle, WA

98117
Notwithstanding any provision in these Terms of Use to the contrary, you and we agree that if we make any change to the arbitration procedures set forth herein (other than a change to any notice address or website link provided herein) in the future, that change shall not apply to any claim that was filed in a legal proceeding against Biscuit prior to the effective date of the change. Moreover, if we seek to terminate the arbitration procedures from these Terms of Use, such termination shall not be effective until thirty (30) days after the version of these Terms of Use not containing the arbitration procedures is posted to the Platforms, and shall not be effective as to any claim that was filed in a legal proceeding against Biscuit prior to the effective date of removal.
This Arbitration section will survive the termination of your relationship with Biscuit.

 

24. Severability

 

To the extent you are located in the United States, if any provisions of this Agreement are not permitted by applicable law or regulation, those provisions shall be of no force or effect as between you and Biscuit. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions as between you and Biscuit.

 


25. Entire Agreement

 

These Terms of Use constitute the entire agreement between the parties relating to the subject matter herein. We may, at our sole discretion and without notice, revise these terms at any time by updating this posting.

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