Here's a rewritten version for COLIN E-COMMERCE INTERNATIONAL LLC, tailored to a virtual dog course or consultation:
Terms of Service
Last updated: June 26, 2024
AGREEMENT BETWEEN USER AND COLIN E-COMMERCE INTERNATIONAL LLC
Welcome to COLIN E-COMMERCE INTERNATIONAL LLC. The BALANCE website (hereafter the "Site") is operated by COLIN E-COMMERCE INTERNATIONAL LLC (hereafter "BALANCE"). The Site is offered to you conditioned on your acceptance without modifying the terms, conditions, and notices contained herein (hereafter the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully and keep a copy of them for your reference. BALABCE is an E-Commerce Site.
KEY TERMS
The Site provides an online venue for virtual dog training courses (the "Program") using specific training methods, where individuals join and take advantage of the Program and services (collectively, the "Services"). These Services are accessible at BALANCE and any other websites where BALANCE makes the Services available (together, the "Site"), and applications for mobile, tablet, and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site and Services, these Terms of Service are between you and BALANCE. BALANCE will handle any payments conducted through or connected with the Site, Application, or Services ("Payment Services").
• "Content" means all Content that BALANCE makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding User Content.
• "User Account" means the BALANCE Account when a person registers to become a User and purchases the Program.
• "User" means a person that registers for an Account and access the Site or Application or using the Services.
• "Services" means any of the Connection or Payment Services that are delivered by BALANCE.
• "Coaching Services" means the personal assistance provided by learning professionals to guide, help, and resolve your questions during your learning experience. Option available when purchased with a Program package High Premium for an additional fee.
• "Visitor" means a person who is only visiting the Site, not a User.
TERMS OF SERVICE
By using the Site, Application or Services, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, Application and Services and all Content (defined below) and constitute a binding legal agreement between you and BALANCE. Also, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Content, the latter terms and conditions will take precedence concerning your use of or access to that area of the Site, Application, Services, or Content.
BALANCE reserves the right to suspend or terminate the User Account of any registered User for any reason. No refunds, payments, or compensation of any kind will be paid to the User whose registration was terminated due to breach of these terms and conditions.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application, or Services in accordance with these Terms may subject you to civil and criminal penalties.
MODIFICATION
BALANCE reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we change these Terms, we will either post the modification on the Site or the Application or otherwise provide you with notice of the amendment. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application, or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application, and Services.
DISCLAIMER OF LIABILITY
By using any methods, techniques, or advice provided by BALANCE for dog training or handling, you acknowledge and agree that you do so at your own risk. BALANCE is not responsible for any injuries, damages, or losses that may occur to you, your dog, or any third party as a result of implementing our methods. You understand and accept that working with animals carries inherent risks, and you assume full responsibility for any consequences that may arise from using our techniques.
You agree to indemnify and hold BALANCE, its employees, officers, and affiliates harmless from any claims, lawsuits, damages, or liabilities arising from your use of our methods with your dog or any other animal. This includes, but is not limited to, personal injuries, property damage, or any other losses.
By using our Site, Application, or Services, you waive any right to sue or hold BALANCE legally responsible for any incidents or accidents related to the application of our dog training methods. You acknowledge that results may vary and that the safety and wellbeing of you and your dog are your sole responsibility.
If you do not agree to these terms, do not use our dog training methods or techniques. Consult with a professional, certified dog trainer or veterinarian for personalized advice suitable for your specific situation.
REFUND POLICY
7-DAY UNCONDITIONAL SATISFACTION GUARANTEE
The User can request a refund for any reason during the first 7 days of the purchase date, without condition.
In order to apply a refund, we ask our customers to fill out a refund request form by messaging contacting us. Refunds will only be made to the person who paid the fees and using the same payment / transaction method. The refund will follow the terms and conditions applicable to the payment method used by the User.
CONDITIONAL BEHAVIOR CHANGE GUARANTEE AFTER FINISHING THE COURSE
Once the course is finished, which necessarily includes completing all modules described and taught in the course, in which the student will have throughout the course and strictly followed the entire methodology of the course, having studied all the materials provided, having submitted a summary after each module, having completed all the classes of the course, if their dog has not developed the skills taught in the course, the student can request a full refund of their money plus an additional free classes to help their dog as compensation for time and effort invested.
It should be noted that for the skills taught in the course, we do not intend for the dog to perform these activities perfectly, in the same way that a professionally trained dog would, but rather in a functional way. That is, the dog is able to carry out all these activities even if they make some minor errors (which is common for most dogs in training) and what makes it functional in a home environment.
The COLIN team will be tasked with analyzing and evaluating the commitment that the student has shown throughout the course to determine if the belief in a training difficulty is really justifiable and reasonable or if the student simply has not worked hard enough to achieve the results proposed by the course or apply the method in a different way from that proposed by the course. The team will provide recorded evidence of the exercises made and also do a test to see if the student actually committed him or herself to study and do what the course is teaching.
If it is determined that the student has not made sufficient effort or has not applied the method as proposed by the course, and is attempting to misuse and/or improperly use the Guarantee of Behavior Change, the BALANCE team reserves the right not to grant the Guarantee of Behavior Change. On the other hand, if the student has genuinely applied the method proposed by the course and made a sincere effort, but still does not achieve the promised results in their dog's behavior, the guarantee will be granted without any problem upon request through the email: [email protected]
Attention:
Arguments citing technical difficulties in accessing the portal, using the computer, personal incompatibility with the method, or any other similar reasons will not be accepted as justification for invoking this guarantee if the student has not put into practice or executed the course work. It's important to note that our support team is always ready to assist with technical and methodological issues. We expect that students who are genuinely applying the method and facing difficulties will contact us promptly through the official email
[email protected] for help.
It is crucial to understand that this is not a guarantee for people dissatisfied with the course or the method, but for those who are committed to achieving results, who have in fact put into practice everything proposed by the course with the required discipline and dedication, and yet are not satisfied with the progress and evolution in their dog's behavior as promised by the course.
The BALANCE team reserves the right to evaluate each case individually to determine if the guarantee conditions have been met. Our goal is to ensure that students who have made a genuine effort to implement our methods receive the support they need to achieve the desired changes in their dog's behavior.
VIRTUAL CONSULTING GUARANTEE
Virtual consulting sessions are not eligible for a refund. However, if you are not satisfied with a session, please contact our customer service team within 24 hours of the session, and we will work to address your concerns and potentially offer a complimentary follow-up session.
Free Trials or Personal Coaching do not follow the same rule. A third-party data collection company will assist BALANCE in verifying the metric of Program completion.
Refunds requested during the first 24 hours after purchase will require additional verification; this restriction prevents acts of fraud or piracy.
Free trial purchases have a 72-hour refund period. However, if payment was made in cash, Users are not eligible for a refund for any advertised Programs whether the User opted for payment in full or in installments.
Personal Coaching sessions are not eligible for a refund.
Dispute Assistance. BALANCE provides a dispute assistance service to address any problems arising from payment or refund. Users can send an email to
. BALANCE's Customer Service will review the case and reach out via email or telephone for a satisfaction inquiry. Customer Service will resolve the concern within a reasonable time.
Refunds will only be made to the person who paid the fees and using the same payment/transaction method. The refund will follow the terms and conditions applicable to the payment method used by User.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
The User is granted a non-exclusive, non-transferable, revocable license to access and use the Program and Services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. The User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BALANCE and protected by copyright and other laws that protect intellectual property and proprietary rights. The User agrees to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
The User will not modify, reproduce, display, publicly perform, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
BALANCE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. The User will use protected content solely for your personal use and will make no other use of the content without the express written permission of BALANCE and the copyright owner. The User agrees that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BALANCE or our licensors except as expressly authorized by these Terms.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
The User is granted a non-exclusive, non-transferable, revocable license to access and use the Program and Services strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. The User may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. The User may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of BALANCE and protected by copyright and other laws that protect intellectual property and proprietary rights. The User agrees to observe and abide by all copyright and other proprietary notices, legends, or other restrictions contained in any such content and will not make any changes thereto.
The User will not modify, reproduce, display, publicly perform, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
BALANCE content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. The User will use protected content solely for your personal use and will make no other use of the content without the express written permission of BALANCE and the copyright owner. The User agrees that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of BALANCE or our licensors except as expressly authorized by these Terms.
PRIVACY
Electronic Communications. Visiting the Site or sending emails to BALANCE constitutes electronic communications. User consents to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. User agrees to BALANCE Privacy Policy.
USER CONTENT
We may, in our sole discretion, permit you to post, upload, publish, submit, or transmit User Content. By making available any User Content on or through the Site, Application, Services, or through BALANCE promotional campaigns, you hereby grant to BALANCE a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, by means of or to promote or market the Site, Application, and Services. BALANCE does not claim any ownership rights in any such User Content, and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
PROHIBITED USES
YOU UNDERSTAND AND HEREBY ACKNOWLEDGE AND AGREE THAT YOU MAY NOT AND WARRANT THAT YOU WILL NOT:
Use BALANCE Services or any location information displayed within the BALANCE Services and Products to stalk, harass, abuse, defame, threaten or defraud Users of the BALANCE Services or Products, or to collect, attempt to obtain, or store location or personal information about other users;Include offensive or pornographic materials when using the BALANCE site;Use the BALANCE Services for any illegal purpose, or in violation of any local, state, national, or international law, including, without limitation, laws governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;Make unsolicited offers, advertisements, proposals, or send junk mail to BALANCE or to other users of the BALANCE Services. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation materials, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures;Impersonate any person or entity different from you or falsely claim an affiliation with any person or entity;Provide false information looking forward to damaging the reputation, image, name, honor, or private life of a third-party of BALANCE Site, its representatives, or advertisers.Misrepresent the source, identity or content of information transmitted via the BALANCE Services;Remove, circumvent, disable, damage or otherwise interfere with security-related features of the BALANCE Services, features that prevent or restrict use or copying of any content accessible through the BALANCE Services, or features that enforce limitations on use of the BALANCE Services;Intentionally interfere with or damage the operation of the BALANCE Services or any user's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;Post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;Post, store, send, transmit, or disseminate any information or material which, to the best of your understanding, infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property rights;Attempt to gain unauthorized access to the BALANCE Services, or any part of these, other accounts, computer systems or networks connected to the BALANCE Services, or any part of these, through hacking, password mining or any other means, or to interfere or attempt to interfere with the proper working of the BALANCE Services or any activities conducted on the TMK Services; orUse any robot, spider, scraper, or other automated means to access the BALANCE Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the BALANCE Services or modify the BALANCE Services in any manner or form, nor to use modified versions of the BALANCE Services, including (without limitation) for the purpose of obtaining unauthorized access to the BALANCE Services.Make any kind of action that could imply directly or indirectly that you are a representative, authorized distributor, employee, or in any other way represent, endorse or support the BALANCE Site, the BALANCE Parties, or the advertisers of the BALANCE Site.
LINK TO THIRD PARTY SITES/THIRD-PARTY SERVICES
BALANCE may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of BALANCE, and BALANCE 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. BALANCE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by BALANCE of the Site or any association with its operators.
Certain services made available via BALANCE are delivered by third-party sites and organizations. By using any product, Service, or functionality originating from the BALANCE domain, and according to the Privacy Data Policy, User hereby acknowledges and consents that BALANCE may share such information and data with any third party with whom BALANCE has a contractual relationship to provide the requested product, Service, or functionality on behalf of BALANCE Users and customers.
ENFORCEMENT OF TERMS OF SERVICE
We may suspend or cancel your User Account if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms of Service, or violated our rights or those of another party. Without limiting BALANCE's other remedies, we will suspend or terminate your Member Account and refuse to provide any Services to you if: (a) you breach any terms and conditions of the Terms of Service and the other written policies and procedures posted on the Site or Application; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause legal liability for you, our Users, or for BALANCE.
Once suspended or terminated, you may not continue to use the BALANCE Service under a different Account or re-register under a new Account. In addition, violations of the Terms of Service may be prosecuted to the fullest extent of the law and may result in additional penalties and sanctions. When your User Account is canceled, you may no longer have access to data, messages, files, and other material you keep on the Site or Application.
CLASS ACTION WAIVER
Any arbitration or dispute resolution under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE, AND REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and BALANCE agree otherwise, the arbitrator or any other authority may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BALANCE AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
BALANCE AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BALANCE AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BALANCE 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 SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BALANCE 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 SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
TERMINATION/ACCESS RESTRICTION
BALANCE reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Florida, and you hereby consent to the exclusive jurisdiction and venue of courts in Florida in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and BALANCE as a result of this agreement or use of the Site. BALANCE's performance of this agreement is subject to existing laws and legal processes, and nothing contained in this agreement is in derogation of BALANCE's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by BALANCE 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.
CONTACTING CUSTOMER SERVICE
If you wish to report a violation of Site, Application, or Service Policies, have any questions, or need assistance, please contact BALANCE Customer Service as follows:
COLIN E-COMMERCE INTERNATIONAL LLC
800 SE 4TH AVENUE SUITE 139
HALLANDALE BEACH, FL 33009
BROWARD, FL
[email protected]