By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Customer”) agree to be provided with products, programs, or services as part of the 3 Lost Dogs Academy Membership Site (“Membership”) operated by Jacob Buvala (“Owner”), acting on behalf of Daybreak Dogs LLC (“Company”), and you are entering into a legally binding agreement with the Company, subject to the following terms:
1. TERMS OF MEMBERSHIP.
(a) Upon purchase and execution of this Agreement, Customer will be provided with the following content and/or services as detailed on 3lostdogsacademy.com (“the Website”) and selected prior to purchase. Content, programs, and/or services (collectively known as “the Services”) may include but are not limited to:
d. Bonus content
(b) The scope of Services rendered by the Company pursuant to this Agreement shall be limited to those contained herein and/or provided for on Company’s Website as part of the Membership.
(c) The Company reserves the right to substitute Services equal to or comparable if reasonably required by the prevailing circumstances.
(d) The Company reserves the right to remove Customer’s access to the forums/community if Customer breaks the forum/community rules stated on the forum/community pages.
(e) The length of time Customer will have access to the content they purchased on the Membership Site depending on membership type:
-Single course or course bundle: for as long as the Membership Site exists.
-Monthly membership: For 30 days per monthly payment
(f) At any point should Company be terminating the Membership Site, Customer will be given at least sixty (60) days notice.
2. PAYMENT AND REFUND POLICY.
(a) Upon execution of this Agreement, Customer agrees to pay to the Company the purchase amount as stated on the Website.
(b) For memberships that DO NOT include private coaching: A refund will be provided upon Customer’s written request within:
-60 days of purchase, if Customer signed up for the All-Access Pass monthly or annual membership.
-365 days of purchase, if Customer signed up for a lifetime access course/program on or before May 13, 2022.
(c) The Company will not refund Customer’s payment if more than 60 or 365 days, respectively, have passed since the date of purchase of an All-Access Pass membership.
(d) For memberships that include private coaching: a refund will be provided upon Customer’s written request before the first video-chat-based coaching session is scheduled to begin.
(e) The Company will not refund Customer’s payment once video-chat-based coaching has begun.
(f) Credit Card Authorization. Each party hereto acknowledges that Company will charge the credit card chosen by the Customer on the date and for the amount specified upon purchase and as included in this Agreement.
(g) In the event Customer fails to make the payment as outlined above, Company has the right to immediately disallow services and benefits of the Membership until payment is paid in full.
By participating in the Membership, Customer acknowledges that the Company makes no guarantees as to the outcome of any Services, sessions, teachings, or courses accessed through this Membership. By participating in this Membership, the Customer acknowledges that the Company does not warrant the accuracy of any information provided, is not liable for any losses the Customer may suffer by relying on courses, content, guest speakers, videos, services, or products.
By participating in the Membership, Customer acknowledges that the Company nor any of its representatives are veterinarians, medical doctors, psychologists, therapists, or financial advisors, and content and/or services do not replace the care of other professionals. Services provided herein are in no way to be construed or substituted as veterinary advice, medical advice, psychological counseling or any other type of therapy or advice.
Any testimonials or examples shown through the Company’s Website are only examples of what may be possible. There can be no assurance as to any particular outcome based on the use of the Membership and/or Services. You acknowledge that the Company has not and does not make any representations as to success of any kind that may be derived as a result of use of its programs, products or Services.
The Company may provide the Customer with information relating to products that the Company believes might benefit the Customer. The Company is not responsible for any adverse affects or consequences that may result, either directly or indirectly, from any information provided. The Company may provide Customer with third-party recommendations for such services and products as dog training, veterinary services, pet food, pet supplies, or other related services and products. Customer agrees that these are only recommendations and the Company will not be held liable for the services or products provided by any third-party to the Customer.
4. INTELLECTUAL PROPERTY RIGHTS.
In respect of the Material specifically created for the Customer as part of this Membership, including courses, videos, documents, or other content (known collectively as the “Material”), the Company maintains all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Company to the Customer, nor grant any right or license other than those stated in this Agreement.
Customer may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Website, content or intellectual property, in whole or in part without our prior written consent. Any unauthorized copying, reverse engineering, redistribution, reproduction, publication or modification of Website content by any person without Company’s prior written authorization is strictly prohibited, may be a violation of federal or common law, trademark, and copyright laws and may subject such a violator to legal action.
5. DISCLAIMER OF WARRANTIES.
The Services provided to the Customer by the Company under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose. Nor are there any warranties created by a course of deal, course of performance or trade usage.
6. LIMITATION OF LIABILITY.
By using the Company’s Services and purchasing this Membership, Customer accepts any and all risks, foreseeable or non-foreseeable, arising from such transaction. Customer agrees that the Company will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the Membership. Customer agrees that use of this Membership is at user’s own risk.
7. JURISDICTION AND DISPUTE RESOLUTION.
These Terms shall be construed in accordance with, and governed by, the laws of the State of Arizona. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Phoenix, Arizona, or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
All notices, requests, demands, and other communications under this Agreement shall be in writing submitted to contact(at)3lostdogs(dot)com.
9. ENTIRE AGREEMENT.
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral.
Who we are
3 Lost Dogs Academy is owned and operated by Daybreak Dogs LLC (“Company”)
Our website address: https://3lostdogsacademy.com
Our email address: firstname.lastname@example.org
Data we collect and how we use it
We collect the personal information you voluntarily provide to us, which includes your name and e-mail address, in order to subscribe to our newsletter, receive our content, comment on our blog, and/or purchase services or online products. There is also other personal data we may collect detailed herein.
We collect data from you directly when you fill out a form, purchase a product, or communicate with us via email or social media. We also collect data from you when you use our Website. We may collect personal data from third parties such as our payment processors, advertising networks, and/or analytics providers. Your data is stored in a secure platform. We use your personal data for processing as outlined below or a reasonably compatible purpose.
A. Usage Data. We may process data about your use of our Website and services. This may include your IP address, browser type, operating system, geographical location, page views, website navigation paths, and frequency and/or pattern of your use of our website. This data is collected through our analytics tracking systems, including Memberpress. This data is used to analyze the use of our Website, to deliver relevant content, and understand our users. The legal basis for processing is our legitimate interest, namely monitoring and improving our website, marketing, and services.
B. Customer Data. We may process user data, such as name, email address, address, telephone, credit-card number, and other relevant data as related to purchases of our products and/or services. We process this data to supply products and/or services to you, as well as to market other relevant goods and services to you. The legal basis for processing is consent and your affirmative action to enter into such contract with us and/or the purchase and delivery of the contract between you and us.
C. User Data. We may process personal information you provide us for the purpose of subscribing to our email notifications, free content, and/or newsletters, as well as communication data that you send to us either through email, social media, or other posting and/or communication methods. We process this data for the purposes of communicating with you, to deliver relevant website content, and for the purposes of sending you marketing, content and/or emails. The legal basis for this process is consent or our legitimate interests, which is to grow our business and keep records which may be needed to pursue or defend a legal action.
1. Marketing and Advertising
The above Data may be used to send you marketing communications about our business or products. The legal basis for this type of processing is either consent or our legitimate interests in growing our business. We may send you such communications if you requested it and/or if you agreed to receive such communications. You may opt-out of such communications at any time through the ‘unsubscribe’ button in each email or contacting us at email@example.com.
2. Sharing your personal data
We do share your information with trusted third parties who provide support in running this Website including any blog or newsletter, as well as those parties and services that help administer our business. Your data will never be shared with unrelated third parties. We may disclose your information to payment service providers, administrative and marketing providers. Third parties we share your data with will keep it secure and respect your privacy under the law and we take steps to ensure the companies we work with also comply with the GDPR.
3. Anti-spam policy
The term “cookies” refers to small pieces of information that a website sends to your computer’s hard drive while you are viewing the Site. We may use both session cookies (which expire once you close your browser) and persistent cookies (which stay on your computer until you delete them). You have the ability to accept or decline cookies and tracking signals using your web browser settings. If you choose to disable cookies, some areas of the Website may not work properly or at all. Our Site may not respond to Do Not Track signals sent by your browser.
5. Third party links
6. Data security and breach response
We do our best to protect your information for any unauthorized access, misuse, or disclosure. We may allow access to your personal data to our service providers that need to know such data to perform necessary business services. Personal data will be kept confidential and employees and/or contractors will only have access to it when necessary. Secure password managers & platforms will be used to manage data access when possible.
Should there be a potential breach of personal data, we have procedures in place to respond. The breach will be identified, the scope will be determined, and we will make reports and/or notification if we are legally required to do so.
You acknowledge that the personal information you voluntarily share could be accessed or tampered with by a third party. You agree that we are not responsible for any intercepted information shared through our Site without our knowledge or permission. Additionally, you release us from any and all claims arising out of or related to the use of such intercepted information in any unauthorized manner. You agree to notify us for any breach of security or unauthorized use of your information.
7. Data retention and destruction
Personal data that we process for any purpose shall not be kept for longer than is necessary to fulfill its collection purpose or to satisfy a legal or accounting purpose. In some cases, your data by be anonymized for research purposes and used indefinitely. If your data no longer meets any of the above criteria, personal data will be deleted or otherwise disposed of in a safe and secure manner.
8. International transfers
Your data may be transferred to other countries and by using the Website, you consent to the transfer of information to countries outside your country of residence. If you are located in the European Union, we may store and share your personal data with companies located outside of the European Economic Area. We will always do our best to ensure security of your data. We aim to use US-based providers that are part of the EU-US Privacy Shield.
9. Children’s Online Privacy Protection Act compliance
We do not knowingly collect or solicit data online from or market online to children under the age of 13 in compliance with the Children’s Online Privacy Protection Act (COPPA).
10. Changes to this policy
11. Your rights
Your rights under data protection laws include the right to access, erase, correct, restrict, and/or object to our use and processing of your personal data, as well as the right to portability of the data. You have the right to confirmation as to how and where we process your data. To the extent that the legal basis for our processing consent, you have the right to withdraw at any time. If you consider our processing to infringe data protection laws, you have the right to lodge a complaint with a supervisory authority.
12. Our information
This Website is owned and operated by:
Daybreak Dogs LLC
Updated: November 8, 2023 (updated to reflect company name change)