Hamilton Dog Training

Hamilton Dog Training

Terms and Conditions

Last updated: July 30, 2026
Effective date: July 30, 2026

Please read this carefully. These Terms are a binding contract between you and Hamilton Dog Training LLC. They include an agreement to resolve disputes by individual binding arbitration and a waiver of your right to participate in a class action or a jury trial. They also include an assumption of risk and release of liability relating to dogs and dog training. You may opt out of the arbitration agreement within 30 days, as described in Section 21.

Contents

  1. Acceptance of these Terms
  2. Definitions
  3. Eligibility
  4. What the Program is and is not
  5. Enrollment, cohorts, and access
  6. Tuition, payment plans, and billing
  7. Refund policy and 30-day guarantee
  8. Chargebacks and payment disputes
  9. No guarantee of results; testimonials
  10. Health, behavior, and veterinary disclaimer
  11. Assumption of risk, release, and indemnification
  12. Your responsibilities as a dog owner
  13. Training equipment and methods
  14. Community rules and acceptable use
  15. Your content: video, photos, and posts
  16. Recorded calls and sessions
  17. Intellectual property and license
  18. Third-party platforms and services
  19. Email and text message communications
  20. Disclaimer of warranties and limitation of liability
  21. Dispute resolution, arbitration, and class action waiver
  22. Governing law and venue
  23. Suspension and termination
  24. General provisions
  25. How to contact us

1. Acceptance of these Terms

These Terms and Conditions (the “Terms”) govern your access to and use of the websites, landing pages, email and text communications, courses, community, coaching, live calls, downloadable materials, and any other products or services offered by Hamilton Dog Training LLC, a Texas limited liability company, doing business as Hamilton Dog Training (collectively, the “Services”).

By visiting our website, joining our waitlist, submitting your email address or phone number, booking a call, purchasing enrollment, or accessing any part of the Program, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you do not agree, do not use the Services.

We may update these Terms from time to time. When we do, we will change the “Last updated” date above and, for material changes affecting enrolled students, we will provide notice by email or inside the Program at least fourteen (14) days before the change takes effect. Your continued use of the Services after the effective date constitutes acceptance. The version of these Terms in effect on the date you purchased governs that purchase, except for changes required by law and except for Section 21, which applies as amended to disputes arising after the amendment.

2. Definitions

  • “Company,” “we,” “us,” “our” means Hamilton Dog Training LLC, a Texas limited liability company, and its owners, officers, employees, instructors, coaches, contractors, and agents.
  • “You,” “your,” “Student” means the individual accessing the Services or enrolled in the Program.
  • “Program” means the Hamilton Dog Training online school, including its curriculum, video lessons, written materials, training plans, feedback, live calls, coaching, and community, as offered from time to time.
  • “Cohort” means the group of Students who enroll during the same enrollment period.
  • “Dog” means any dog you train, handle, own, foster, or otherwise work with in connection with the Program.
  • “Content” means all materials made available through the Services, including video, audio, text, images, worksheets, curricula, and methodology.
  • “Your Content” means anything you submit, post, or upload, including training footage, photographs, questions, and community posts.

3. Eligibility

You must be at least eighteen (18) years old and legally able to enter into a binding contract to purchase or use the Services. The Program is designed for adults. If a minor participates in training activities under your household, you are solely responsible for supervising that minor and for any consequences of their participation.

You represent and warrant that:

  • You are the legal owner of the Dog, or you have the owner’s express permission to train and handle the Dog and to enroll it in the Program;
  • All information you give us about the Dog — including age, breed, health, and behavioral history — is accurate and complete;
  • The Dog has no history of biting a human or another animal in a manner that caused injury, and has not been declared dangerous, potentially dangerous, or vicious by any governmental authority. The Program is not designed or suitable for dogs with a bite history or for dogs presenting serious aggression, and we do not accept such dogs. If this changes at any time during your enrollment, you must notify us immediately and discontinue Program exercises with that Dog until you have consulted an appropriate in-person professional;
  • You are not enrolling on behalf of a competing dog training business, and you will not use the Program to develop, operate, or market a competing product or service.

We may decline, revoke, or refund any enrollment at our discretion, including where we determine the Program is not an appropriate fit for you or your Dog.

4. What the Program is — and what it is not

The Program is an educational and instructional product delivered entirely online. It teaches you a training methodology through recorded video lessons, written plans, written and video feedback on footage you choose to submit, live group question-and-answer calls, and a peer community.

You should clearly understand the following before you enroll:

  • We do not train your dog. You train your dog. All results depend on your own consistency, judgment, timing, physical ability, environment, and follow-through. We provide instruction and feedback; you perform the training.
  • No instructor is physically present. No one from the Company observes you or your Dog in person, supervises your training sessions, evaluates your Dog’s temperament in person, or intervenes if something goes wrong.
  • Our feedback is limited to what you show us. Instructors respond only to the specific footage, descriptions, and questions you submit. We cannot see context you do not send, and we cannot assess anything we have not been shown. Feedback is general instructional guidance, not a professional evaluation of your Dog.
  • The Program is not veterinary care, veterinary behavioral medicine, or a substitute for hands-on professional help. See Section 10.
  • The Program is not a certification. Completing it does not qualify you as a professional dog trainer, behavior consultant, or service-dog trainer, and confers no credential of any kind.
  • The Program is not service-dog, therapy-dog, protection, or working-dog training, and must not be relied on for any of those purposes.

5. Enrollment, cohorts, and access

Enrollment opens periodically and spots in each Cohort are limited. Submitting a waitlist form, booking a call, or expressing interest does not reserve a spot. A spot is reserved only when payment (or the first payment under an approved payment plan) is successfully processed and you receive a confirmation.

Unless the offer you purchased states otherwise, enrollment grants you a personal, non-transferable right to access the Program for the access period stated at checkout. Access periods, curriculum, bonuses, live call schedules, community platform, and included features may change over time; we may add, modify, retire, or replace Content and features, provided that we will not materially reduce the core instructional value of what you purchased during your paid access period.

Access is granted to one individual and one household. Sharing login credentials, streaming or replaying the Content for people who have not enrolled, or enrolling on behalf of multiple households is a material breach of these Terms.

Enrollment is not transferable, assignable, or resellable, and cannot be gifted or sold to another person without our prior written consent.

6. Tuition, payment plans, and billing

Tuition and any available payment plans are disclosed at checkout before you pay. All prices are in United States Dollars unless stated otherwise. The price shown at checkout at the time of your purchase is the price that governs your purchase. We may change prices for future enrollment periods at any time; a price change does not entitle prior purchasers to a refund of the difference, and does not obligate us to honor a prior price.

Payments are processed by third-party payment processors. We do not receive or store your full payment card details. By purchasing, you authorize us and our processor to charge the payment method you provide for the full amount due, including all scheduled installments under a payment plan.

Payment plans. If you select a payment plan, you are agreeing to pay the total tuition, not merely the first installment. Each installment will be charged automatically on the schedule disclosed at checkout, using the payment method on file, until the plan is paid in full. It is your responsibility to keep a valid payment method on file.

Failed payments. If an installment fails, we may retry the charge, and we may suspend your access to the Program until the balance is current. If a payment remains unpaid for thirty (30) days, we may terminate your access and refer the outstanding balance for collection. You remain responsible for the full remaining balance, plus any reasonable costs of collection and, where permitted by law, reasonable attorneys’ fees. Suspension or termination for non-payment does not cancel your obligation to pay.

Taxes. You are responsible for any sales, use, VAT, GST, or similar taxes applicable to your purchase, unless we are required to collect them, in which case they will be added at checkout.

7. Refund policy and 30-day guarantee

We offer a 30-day money-back guarantee on Program tuition, on the following terms, which are the complete and exclusive statement of our refund policy:

  • Window. You may request a full refund of tuition paid at any time within thirty (30) calendar days of your Cohort’s start date. Where your enrollment begins on a date later than your purchase date, the 30-day window runs from that stated start date, not from the date of purchase.
  • No conditions. You do not need to complete any minimum amount of the curriculum, submit any footage, attend any call, or give a reason. If you ask within the window, we refund you.
  • How to request. Email us at the address in Section 25 from the email address associated with your account, stating that you are requesting a refund. We will confirm in writing.
  • Amount and timing. We refund the full amount of tuition you have actually paid to us as of the request. Refunds are issued to the original payment method. Please allow up to ten (10) business days for the refund to be issued, plus additional time for your bank or card issuer to post it. Any remaining scheduled payment-plan installments are cancelled.
  • Effect. Upon refund, your enrollment ends, your access to the Program, the community, and all Content is revoked, and your license under Section 17 terminates immediately. You must delete any downloaded or saved Content.
  • After the window. All sales are final after the 30-day window closes. We do not provide refunds, credits, or prorated returns for any reason after day 30, including for lack of use, change of circumstances, dissatisfaction with results, loss of interest, illness of or loss of a dog, or removal from the Program for violating these Terms. If you are on a payment plan, your remaining installments remain due in full.
  • One per person. The guarantee is available once per person. If you have previously received a refund from us, subsequent purchases are final and non-refundable.
  • Abuse. We may decline a refund where we determine in good faith that the request is fraudulent, that Content has been downloaded and redistributed, or that the guarantee is being used to obtain the Content without paying for it.

Products other than Program tuition — including physical merchandise, add-ons, extensions, and renewals — are governed by the refund terms disclosed on the applicable checkout page and, absent a stated policy, are non-refundable.

8. Chargebacks and payment disputes

If you have a billing concern, contact us first. We will work with you in good faith and, within the guarantee window, we will simply refund you.

Initiating a chargeback, payment dispute, or reversal with your bank or card issuer without first requesting a refund from us is a material breach of these Terms. In that event we may immediately suspend or terminate your access, and we reserve the right to submit evidence of your access and use of the Program to the card network, to pursue the amount owed plus any chargeback fees and reasonable costs of collection, and to decline your future enrollment. Nothing in this Section limits any right you have under applicable law.

9. No guarantee of results; testimonials

We do not and cannot guarantee any specific training outcome. Dog training results depend on factors outside our control, including your consistency and skill, the time you invest, your Dog’s age, breed, genetics, health, temperament, prior learning history, your living environment, and the people and animals around you. No two dogs are the same.

Testimonials, reviews, case studies, before-and-after examples, student results, screenshots, and social proof shown anywhere in our marketing reflect the individual experiences of specific students. They are not a promise, warranty, or prediction that you will achieve the same or similar results, and they should not be interpreted as typical or average. Statistics such as the number of owners trained describe participation, not outcomes.

Nothing on our websites, in our emails, in our videos, on our calls, or in the Program constitutes a guarantee that your Dog will become reliably off-leash, will stop any specific behavior, or will reach any particular standard. Your only remedy if you are dissatisfied is the refund described in Section 7.

10. Health, behavior, and veterinary disclaimer

We are not veterinarians, veterinary technicians, or board-certified veterinary behaviorists, and nothing in the Program is veterinary advice, diagnosis, or treatment.

Behavior problems frequently have medical causes — including pain, orthopedic and neurological conditions, endocrine disorders, gastrointestinal disease, sensory loss, and cognitive decline. Training will not resolve a medical problem and may make some medical problems worse.

You agree that:

  • You will have your Dog examined by a licensed veterinarian before beginning any physically demanding training, and you will follow your veterinarian’s guidance over ours if the two ever conflict;
  • You will consult a licensed veterinarian promptly if your Dog shows signs of pain, injury, illness, sudden behavior change, or distress;
  • You will not use the Program in place of appropriate in-person professional help for aggression, resource guarding with a bite risk, severe separation distress, predatory behavior toward people or animals, or any behavior that presents a safety risk. For those, seek a qualified in-person professional and, where appropriate, a board-certified veterinary behaviorist;
  • You will discontinue any exercise that causes your Dog pain, injury, fear, or significant distress;
  • You will not administer any medication, supplement, or dietary change to your Dog based on Program Content or on anything said by another student in the community.

Statements made by other students in the community are their own. We do not review, endorse, or verify them, and they are not our advice.

11. Assumption of risk, release, and indemnification

Read this Section carefully. It limits your legal rights.

(a) You understand the risks. Dogs are animals. Even a well-trained, well-socialized dog can behave unpredictably. You acknowledge that training, handling, walking, and working with dogs — including all activities described in the Program — involve inherent and significant risks, including but not limited to: bites, scratches, and other injuries to you, to members of your household, to third parties, and to other animals; being pulled, knocked down, dragged, tripped, or otherwise injured while handling a dog; a dog escaping, bolting, or failing to respond to a cue; injury to or death of your Dog; damage to your property or the property of others; exposure to disease; and claims, citations, or liability arising from your Dog’s behavior. Off-leash training in particular carries elevated risk to your Dog and to others, and you accept that risk in full.

(b) You assume those risks. You knowingly and voluntarily assume all risks of any kind arising out of or related to your participation in the Program and your training, handling, and ownership of any Dog, whether those risks are known or unknown, foreseen or unforeseen, and whether or not they arise from the Content, instruction, or feedback we provide.

(c) Release. To the fullest extent permitted by applicable law, you hereby release, waive, and discharge the Company from any and all claims, demands, actions, damages, losses, costs, and expenses of any kind — including for personal injury, emotional distress, property damage, injury to or death of an animal, and third-party claims — arising out of or in any way connected to your participation in the Program or your application of anything you learn from it, except to the extent such claims arise from our gross negligence or willful misconduct or cannot be released under applicable law.

(d) Indemnification. You agree to indemnify, defend, and hold harmless the Company from and against any claim, demand, proceeding, liability, judgment, settlement, fine, penalty, cost, or expense (including reasonable attorneys’ fees) brought by any third party and arising out of or related to: (i) your Dog’s conduct, including any bite, attack, injury, or property damage; (ii) your training, handling, restraint, confinement, or transport of any Dog; (iii) your violation of any law, ordinance, leash law, licensing requirement, breed restriction, lease, or homeowners’ association rule; (iv) Your Content, including any claim that it infringes a third party’s rights or was submitted without a required consent; or (v) your breach of these Terms.

(e) Independent of insurance. You are solely responsible for maintaining any homeowners’, renters’, liability, or pet insurance you consider appropriate. We do not insure you, your Dog, or any third party.

(f) Survival. This Section survives the termination of these Terms and the end of your enrollment.

12. Your responsibilities as a dog owner

You are, at all times and without exception, solely responsible for your Dog and for your own safety and the safety of others. Specifically, you agree that you will:

  • Comply with all applicable laws and rules, including leash laws, licensing and vaccination requirements, off-leash and public-access restrictions, breed-specific legislation, noise ordinances, lease terms, and homeowners’ association rules. Nothing in the Program authorizes you to violate a leash law or any other legal requirement, and instructional content showing off-leash work is not a representation that off-leash work is legal where you are.
  • Exercise your own independent judgment about whether any exercise is safe and appropriate for your Dog, in your environment, on that day. You are always free to skip, modify, or stop any exercise, and you should.
  • Train in appropriately secure, controlled, and legal environments, and use physical containment, leashes, long lines, and barriers as appropriate before relying on any trained behavior.
  • Never place your Dog, yourself, another person, or another animal in a situation whose risk you are not fully prepared to accept.
  • Supervise all interactions between your Dog and children, vulnerable adults, and other animals.
  • Maintain your Dog’s identification and, where available, microchip registration, in case of escape.
  • Immediately stop training and seek appropriate professional help if your Dog bites, threatens to bite, or shows escalating aggression.

13. Training equipment and methods

The Program may reference or demonstrate training equipment, which may include leashes, long lines, harnesses, flat collars, slip leads, prong collars, remote (electronic) collars, place cots, crates, muzzles, and similar tools, as well as motivational and pressure-based techniques.

You acknowledge and agree that:

  • Any use of any equipment or technique is entirely your decision and at your own risk. We do not supervise, fit, or condition equipment on your Dog, and we cannot assess whether a tool is appropriate for your Dog.
  • Improper use, fit, or conditioning of training equipment can cause physical injury, pain, fear, or behavioral harm, including making behavior worse. You are responsible for learning to use any tool correctly and for discontinuing use if it is causing harm.
  • The legality of specific equipment varies by country, state, province, and municipality, and some tools referenced in the Program are restricted or prohibited in some jurisdictions. It is solely your responsibility to determine what is lawful where you live and to comply. We make no representation that any tool or method shown is lawful in your location.
  • We do not manufacture, sell, warrant, or endorse any third-party equipment. Any product mentioned is referenced for instructional purposes only, and your purchase and use of it is a transaction between you and that third party. Some references may be affiliate links, as disclosed in our Privacy Policy.
  • Training methodology in the dog training industry is contested and opinions differ. Our methodology is one approach among many. You are not obligated to use it, and you should stop if it conflicts with your judgment, your veterinarian’s guidance, or your values.

14. Community rules and acceptable use

The Program includes a private community. Participation is a privilege, not a right. You agree that you will not:

  • Harass, threaten, demean, or abuse another student, instructor, or staff member, or engage in discriminatory or hateful conduct;
  • Post content depicting animal cruelty, abuse, or neglect, or content that is sexually explicit, violent, illegal, or otherwise inappropriate;
  • Give veterinary, medical, or legal advice to other students, or represent yourself as a professional you are not;
  • Solicit, advertise, recruit, or promote any product, service, business, or offer, including your own, without our prior written permission;
  • Share, screenshot, record, republish, or distribute any Content, any instructor feedback, or any other student’s posts, footage, or personal information outside the community;
  • Share, sell, or transfer your login credentials, or access the Program on behalf of a person who has not enrolled;
  • Scrape, data-mine, reverse engineer, or use automated means to access or copy the Services;
  • Upload malicious code or attempt to interfere with, disrupt, or gain unauthorized access to the Services or any account;
  • Use the Services or Content to build, train, or improve any machine-learning or artificial intelligence model, or to create any derivative or competing product or service;
  • Misrepresent your identity, your Dog’s history, or your affiliation with any person or organization.

We may remove content, restrict participation, or terminate access for any violation of this Section. Termination for a violation after the 30-day guarantee window does not entitle you to a refund, and any remaining payment-plan installments remain due.

15. Your content: video, photos, and posts

The Program invites you to submit training footage, photographs, questions, and posts so that we can give you feedback. You are never required to submit anything.

(a) You keep ownership. You retain all ownership rights in Your Content.

(b) License to us. By submitting Your Content, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to host, store, reproduce, adapt, edit, excerpt, publicly display, publicly perform, and distribute Your Content for the following purposes: (i) operating the Services and delivering feedback to you; (ii) instructional use inside the Program, including using your footage as a teaching example for other students; and (iii) marketing and promotion of the Company and the Program, including in social media, advertising, email, and on our websites.

(c) Your representations. You represent and warrant that you own or control all rights in Your Content; that you have obtained the consent of every identifiable person appearing or audible in it, and of the parent or guardian of any minor; that it does not infringe any copyright, trademark, right of publicity, or other right; and that any music, footage, or material you did not create is properly licensed.

(d) Withdrawing marketing permission. You may withdraw the marketing permission in clause (b)(iii) at any time by emailing us. On receipt, we will stop using Your Content in new marketing within a reasonable time. We are not obligated to recall, retract, or edit materials already published, distributed, or placed with third parties, or to remove it where it has been copied or redistributed by others. The licenses in (b)(i) and (b)(ii) continue for as long as reasonably necessary to operate the Program.

(e) No obligation. We are not obligated to review, use, retain, publish, or respond to Your Content, and we may remove it at any time.

(f) Feedback about the business. If you send us suggestions or ideas about the Program or the business, you grant us an unrestricted, perpetual, royalty-free right to use them without compensation or attribution.

16. Recorded calls and sessions

Live group calls, coaching calls, enrollment and consultation calls, and community events may be recorded — audio, video, and chat. By joining any such call, you consent to being recorded and to the recording being stored, edited, and made available to other students inside the Program, and, where the call is not private in nature, used for instructional and promotional purposes.

Recording notice will be given at or before the start of the call where practicable. If you do not consent to being recorded, do not join the call, or join with your camera and microphone off and do not speak — recordings and replays of group calls remain available to you either way. You may ask us to remove your identifiable contribution from a stored recording by emailing us, and we will make commercially reasonable efforts to do so.

You may not record, screen-capture, download, or redistribute any call, in whole or in part, without our prior written permission.

17. Intellectual property and license to use the Program

All Content is owned by the Company or its licensors and is protected by copyright, trademark, and other intellectual property laws. “Hamilton Dog Training,” the HDT name and logo, and the names of our proprietary frameworks and methods are our trademarks.

License. Subject to your compliance with these Terms and payment in full, we grant you a limited, personal, revocable, non-exclusive, non-transferable, non-sublicensable license to access and view the Content for your own personal, non-commercial use in training your own dogs, for the duration of your access period.

You may not: copy, download (except where a download is expressly offered), record, screen-capture, reproduce, republish, upload, post, transmit, translate, sell, resell, rent, license, or distribute the Content; share your access with anyone; use the Content to teach, coach, or train dogs for compensation; incorporate the Content or methodology into any course, program, membership, or service you offer; or use the Content to train any artificial intelligence or machine learning system.

You acknowledge that a breach of this Section would cause irreparable harm for which monetary damages would be inadequate, and that we are entitled to seek injunctive relief in addition to any other remedy, without posting bond. We may also terminate your access without refund and pursue statutory damages and attorneys’ fees where available.

Copyright complaints. If you believe material available through the Services infringes your copyright, send a notice with the information required by 17 U.S.C. § 512(c)(3) to the contact address in Section 25. We will respond consistent with the Digital Millennium Copyright Act and may terminate the accounts of repeat infringers.

18. Third-party platforms and services

The Services are delivered using third-party platforms, which currently include, among others, a course and email platform, a community platform, a video conferencing platform, a scheduling tool, and a payment processor. Your use of those platforms is also subject to their own terms and privacy policies. We do not control them and are not responsible for their availability, security, performance, data practices, or any change to their services.

We may link to or mention third-party websites, products, tools, trainers, or services, including through affiliate links from which we may earn a commission at no additional cost to you. Such references are not endorsements or warranties. Any dealings you have with a third party are solely between you and that third party.

We are not liable for interruptions caused by third-party outages, internet connectivity, your device or software, or any event outside our reasonable control.

19. Email and text message communications

By providing your email address, you consent to receive emails from us, including marketing emails. You may unsubscribe at any time using the link in any marketing email. We may still send you transactional and service messages relating to your enrollment.

Text messages. By providing your mobile number and opting in, you consent to receive text messages from us or on our behalf, which may include marketing messages and may be sent using automated technology. Consent to receive marketing texts is not a condition of purchasing anything. Message and data rates may apply. Message frequency varies. Reply STOP to any message to opt out and HELP for help. Carriers are not liable for delayed or undelivered messages. See our Privacy Policy for how we handle your number.

20. Disclaimer of warranties and limitation of liability

(a) Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE, COMPLETE, OR SUITABLE FOR YOUR DOG OR YOUR CIRCUMSTANCES.

(b) Exclusion of certain damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OPPORTUNITY, OR FOR PERSONAL INJURY, EMOTIONAL DISTRESS, PROPERTY DAMAGE, OR INJURY TO OR DEATH OF AN ANIMAL, ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) Cap on liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (i) THE TOTAL AMOUNT YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED U.S. DOLLARS ($100).

(d) Basis of the bargain. You acknowledge that the tuition reflects this allocation of risk, and that we would not offer the Services on these terms without it.

(e) Jurisdictional limits. Some jurisdictions do not allow the exclusion of certain warranties or the limitation of certain damages. In those jurisdictions, our liability is limited to the smallest extent permitted by law, and nothing in these Terms limits liability for fraud, fraudulent misrepresentation, gross negligence, willful misconduct, or death or personal injury caused by our negligence where such limitation is prohibited.

21. Dispute resolution, arbitration, and class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal resolution first. Before starting any arbitration or lawsuit, you agree to first send us a written notice describing the dispute and the relief you seek, by email to the address in Section 25 with the subject line “Dispute Notice.” We will do the same for any dispute we have with you. The parties agree to negotiate in good faith for sixty (60) days from receipt of the notice. This informal process is a condition precedent to beginning arbitration, and the applicable statute of limitations is tolled during it.

(b) Agreement to arbitrate. If the dispute is not resolved within that 60-day period, you and the Company agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Program, our marketing, or our relationship — whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether arising before, during, or after the termination of these Terms — will be resolved exclusively by final and binding individual arbitration, and not in court.

(c) Rules and forum. The arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by these Terms. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitration will be conducted by a single arbitrator. Where the claim is for $25,000 or less, it will be resolved on the basis of documents submitted, by telephone, or by videoconference, unless the arbitrator determines a hearing is necessary. Any in-person hearing will take place in the county where you reside or at another mutually agreed location. The arbitrator may award any relief available in court to the individual party, including statutory damages and attorneys’ fees where a statute provides for them, and the arbitrator’s award may be entered as a judgment in any court of competent jurisdiction.

(d) Fees. Payment of filing, administration, and arbitrator fees is governed by the AAA rules. Where the AAA rules require you to pay a filing fee that exceeds the cost of filing a lawsuit in your local court, we will pay the difference on request.

(e) CLASS ACTION AND JURY TRIAL WAIVER. YOU AND THE COMPANY EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, CONSOLIDATED, COORDINATED, OR REPRESENTATIVE ACTION, OR TO ACT AS A PRIVATE ATTORNEY GENERAL. The arbitrator may award relief only to the individual party seeking relief and only to the extent necessary to resolve that party’s individual claim. Claims may not be joined or consolidated with those of any other person unless both parties agree in writing. If a court decides that this class waiver is unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in court, and all remaining claims will proceed in arbitration.

(f) Exceptions. This Section does not apply to: (i) claims that qualify for and are brought in small claims court, so long as they remain individual claims in that court; or (ii) either party’s request for temporary or permanent injunctive relief to stop infringement or misuse of intellectual property, which may be brought in the courts identified in Section 22.

(g) YOUR RIGHT TO OPT OUT. You may opt out of this arbitration agreement (Sections 21(b) through 21(e)) by emailing us within thirty (30) days of the date you first accepted these Terms, at the address in Section 25, with the subject line “Arbitration Opt-Out” and including your full name, the email address associated with your account, and a clear statement that you are opting out of arbitration. Opting out will not affect your enrollment or any other part of your relationship with us. If you opt out, Section 22 governs.

(h) Severability and survival. If any part of this Section other than the class waiver is found unenforceable, that part will be severed and the remainder will be enforced. This Section survives termination of these Terms.

22. Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of Texas, without regard to its conflict-of-laws rules, and by applicable federal law of the United States. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

For any dispute not subject to arbitration under Section 21, you and the Company consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas, and waive any objection to that venue on grounds of inconvenient forum.

Nothing in this Section deprives a consumer resident in a jurisdiction with mandatory consumer protection rules of the protection of those rules where they cannot be derogated from by agreement.

23. Suspension and termination

We may suspend or terminate your access to the Services, in whole or in part, immediately and without notice, if you materially breach these Terms, if your payment fails or is reversed, if we reasonably believe your conduct creates risk or legal exposure for us or another student, or if we discontinue the Services.

You may stop using the Services at any time. Ending your use does not entitle you to a refund except as provided in Section 7.

If we discontinue the Program entirely during your paid access period and cannot offer a reasonable substitute, we will refund the pro-rated unused portion of your tuition, which is your sole remedy in that circumstance.

Sections 7, 8, 9, 10, 11, 15, 17, 20, 21, 22, and 24 survive termination.

24. General provisions

Entire agreement. These Terms, together with the Privacy Policy and the terms disclosed on the checkout page for the product you purchased, are the entire agreement between you and the Company regarding the Services, and supersede all prior or contemporaneous statements, whether oral or written, including any statement made on a sales call, in an email, in a video, or in an advertisement. You agree that you are not relying on any representation not expressly stated in these Terms or on the checkout page.

Severability. If any provision is held invalid or unenforceable, it will be modified to the minimum extent necessary to make it enforceable, or severed, and the remaining provisions will remain in full force.

No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.

Assignment. You may not assign or transfer these Terms or your enrollment. We may assign these Terms in connection with a merger, acquisition, reorganization, or sale of assets.

Force majeure. We are not liable for any failure or delay caused by events beyond our reasonable control, including natural disaster, war, civil unrest, epidemic, labor action, utility or internet failure, platform outage, or governmental action.

Relationship. Nothing in these Terms creates a partnership, joint venture, employment, agency, or franchise relationship.

No third-party beneficiaries. These Terms do not create rights in any person other than you and the Company.

Notices. We may give you notice by email to the address associated with your account or by posting inside the Services. Notices to us must be sent to the address in Section 25.

Export and sanctions. You represent that you are not located in, and are not a national or resident of, any country subject to United States embargo, and that you are not on any United States government restricted-party list.

Headings. Headings are for convenience only and do not affect interpretation.

Language. These Terms are drafted in English, and the English version controls.

25. How to contact us

Questions about these Terms, refund requests, dispute notices, arbitration opt-outs, and copyright notices should be sent to:

Hamilton Dog Training LLC
Email: [email protected]
Website: www.hamiltondogtraining.co

See also our Privacy Policy.

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