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Terms of service

Terms of service

Ah, the terms policy. We do not like to spend our time and energies in legal documents but we did need to hire a person to create it for us.  We always encourage you to reach out to us if you have any questions about our site use. And please excuse the all-caps type. We're told it's a "thing" for terms of use policies.

BEFORE YOU BEGIN TO USE THE BILLINGHURST INSTITUTE WEB SITE OR ANY SERVICES PROVIDED BY OR THROUGH THE BILLINGHURST INSTITUTE WEBSITE OR IT’S AFFILIATED WEB SITES INCLUDING BUT NOT LIMITED TO BILLINGHURST.INSTITUTE. PLEASE CAREFULLY READ THE FOLLOWING TERMS AND CONDITIONS (“AGREEMENT”) OF USE.

THIS AGREEMENT CONTAINS IMPORTANT INFORMATION AND SETS FORTH THE ENTIRE AGREEMENT BETWEEN YOU AND THE COMPANY. IT IS, THEREFORE, VERY IMPORTANT THAT YOU COMPLETELY READ AND FULLY UNDERSTAND THIS AGREEMENT BECAUSE BY YOUR USE OR CONTINUED USE OF THE BILLINGHURST INSTITUTE WEB SITE OR ANY OF ITS RELATED SERVICES, YOU WILL BE EXPRESSLY SIGNIFYING THAT YOU AGREE TO ALL THE TERMS, CONDITIONS AND OTHER PROVISIONS SET FORTH IN THIS DOCUMENT AND IN OUR PRIVACY POLICY.

ONLY ADULTS ARE AUTHORIZED TO USE THIS SITE AND SERVICES RELATED TO THIS SITE. AUTHORIZED ACCESS AND USE OF THE SITE, ITS DATABASES AND FUNCTIONALITY ARE LIMITED TO PERSONS OVER THE AGE OF EIGHTEEN YEARS.

THE COMPANY DOES NOT KNOWINGLY MARKET TO, OR SEEK OR COLLECT ANY PERSONAL INFORMATION OR OTHER DATA FROM, ANY PERSONS UNDER THE AGE OF EIGHTEEN YEARS.

IF YOU DO NOT UNDERSTAND OR DO NOT EXPRESSLY AGREE WITH ALL OF THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY YOU SHOULD LEAVE THE SITE. UNLESS YOU UNDERSTAND AND EXPRESSLY AGREE WITH ALL THE TERMS OF THIS AGREEMENT AND OUR PRIVACY POLICY, YOU WILL NOT BE AUTHORIZED TO USE ANY SERVICES OFFERED OR OTHERWISE PROVIDED BY OR THROUGH THE SITE.

BY CLICKING ON A LINK AGREEING TO THIS AGREEMENT IN THE SITE AND/OR BY ACCESSING OR CONTINUING TO ACCESS THE SITE AND/OR ANY SERVICE, OFFER OR OTHER FUNCTIONALITY AVAILABLE IN, ON, AT OR THROUGH THE SITE, YOU HEREBY AGREE TO ALL THE FOLLOWING:

  1. Definition of Terms
  1. The use of the terms “Customer”, “You”, “Visitor”, “Member”, “Subscriber”, “Site user”, “User”, and “contributor” shall mean and otherwise refer to you.  
  2. The use of the terms “Company” or “Site” or “Us” shall mean and otherwise refer to DIY Pet Cooperative LLC and its web sites including Billinghurst.Institute.
  3. The term “Third Party Program Participants” shall mean merchants, advertisers, promoters, content providers, product providers and other third parties that the Company may occasionally contract with to provide valuable information, goods and/or services to you and other Site users through, or in association with, the Site.

 

 

  1. Company Is Not Responsible For Information Submitted By Third Parties.
  1. You acknowledge and agree that the Company shall not be responsible or liable in any manner for any information submitted by, or originating with, any party not under the direct and complete control of the Company, including, without limitation, the Site’s advertisers, promoters, vendors, parties submitting stories and other content to the Site, and parties whose web sites are linked to the Site.
  2. The Company does not review, and does not exert any editorial control over the claims or opinions of any third-parties that appear on or in association with the Site, including those made by advertisers, Third Party Program Participants, or persons submitting stories or otherwise providing contributing content to the Site. You acknowledge and agree that at all times, it shall be your responsibility to evaluate the accuracy, completeness, usefulness and other characteristics of all offers, promotions, advertisements, submissions, contributions, postings, opinions and all other information available in, on, at, through or in association with the Site. You are responsible for confirming with advertisers, promoters, third-party providers of goods and/or services, Third Party Program Participants, content providers and all other relevant parties, any information you have received before you accept any offer or purchase any goods and/or services or take any actions in reliance on any representations made by any such parties.
  3. You acknowledge that You understand that the Company does not screen, evaluate or endorse any third party web sites, products, services, content, advertising, marketing, promotions or promotional materials or policies, including, without limitation any offered in advertisements or communications linked, or otherwise relating to the Site nor does the Company have any editorial control or supervision over any such content, materials or services.
  4. You further acknowledge that you understand that the Company does not control the content of any information, messages, communication or other materials posted or uploaded by other users of the Site, including materials, such as stories, opinions and other data, submitted by users of the Site. You release the Company and agree to hold the Company harmless from any and all liability and responsibility in connection with the content of any information, messages, communication or other materials available in, on, at or in association with, the Site.

 

  1. Story Submissions. 

Stories, ideas, suggestions, essays, audio, video, photographs or related materials and any other materials of any kind whatsoever submitted (hereinafter, the “Submissions”) are not likely returned or kept confidential. All such Submissions may be used by Us in perpetuity. By submitting the above, you acknowledge and agree to the following terms and conditions and consent to your name and geographic location possibly being published in connection with the publication, distribution and/or broadcast of your Submission(s).

  1. By providing the Submissions, you represent and warrant that you are at least eighteen (18) years of age.
  2. You acknowledge that similar Submissions may be submitted to Company by multiple sources and that a Submission may be similar to ideas generated or developed independently by Company employees.
  3. The party submitting the work must be the author of the work submitted.
  4. All submissions shall immediately become the property of the Company, regardless of whether such submission is ever published by Us. You agree that all rights of every kind, now known or created in the future, including all derivative works rights, in and to the submitted work shall be solely owned by the Company. Company and its assigns will be entitled to the unrestricted use of the Submission and derivative works thereof for any purpose, without compensation to the provider of the Submission. The authors of the submitted work shall also waive all moral rights in and to the work.
  5. No Submission will be subject to any duty or obligation of confidence by the Company or any of its agents, advertisers, Third Party Program Participants or any other person.
  6. The Company shall not be obligated to use the Submission in any manner at any time. The Company may also discontinue the use of a Submission. Failure of the Company to use the Submission shall not affect Company's full ownership of all rights in and to the Submission.
  7. No submission may contain any text, graphics, photographs, audio recordings, video, audiovisual or other material that contains any graphic or explicit sexual depictions, comprises or contains any defamatory, libelous, harmful, hateful, abusive, threatening, offensive, vulgar, pornographic or obscene content; infringes the intellectual property rights, privacy rights or any other rights of any person or entity, violates any law, rule or regulation; contains any harmful computer viruses or other harmful component; solicits funds; is commercial in nature; or contains misleading or inaccurate information or information you know to be false or deceptive.
  8. You acknowledge and agree that you, and not the Company, shall be solely responsible and liable for all damages, liability or other consequences, foreseen or unforeseen, of all information which you submit to the Company for publication through the Site even if a claim for damages or liability should arise after termination of services to you or the termination of this Agreement.
  9. By submitting a story or other work to the Company, You also grant the Company the right to use your name, a fictitious, or no name in association with the publication of the work and derivative works thereof.
  10. The Company may, at the Company's sole discretion, suspend or terminate your right to submit stories for possible publication on or in association with the Site if the submission and/or other Site use by any user violates any of the terms and conditions pertaining to submissions or any other terms and conditions of use of the Site, or for any other behavior that Company in its sole discretion deems is inappropriate.
  1. Use of Blogs, Chat Rooms, Message Boards and all Other Online Forums.

  1.  All use of the Site's blogs, chat rooms; message boards; online forum, and use of all other User communication features are subject to the same requirements for Submissions set forth in the above paragraphs 3a through 3g, inclusive.
  2. You must register in accordance with instructions that you will find on the Site in order to contribute to any blogs, chat room, message board or other online forums.
  3. You grant to the Company the worldwide, perpetual, nonexclusive right to use your postings, opinions, questions, comments and other participation in the Site blogs, chat rooms, message boards, online forums and other User communications features, in their original or edited form, in every medium now known or later developed.
  4. You also warrant that you own or otherwise control all of the rights to the content you have posted, or you have otherwise supplied, to the Site and that the public posting and use of such content by the Company will not infringe the intellectual property, privacy or any other rights of any third party. Additionally, you warrant that any “moral rights” in posted materials have been waived.
  5. You acknowledge and agree that you shall not be entitled to any compensation for any materials you may post or otherwise provide to the Site or to the Company.
  6. You acknowledge and agree that all messages or content posted by You or others in any Chat rooms or public areas of the Site shall be deemed to be readily accessible to the general public and consequently should not be considered private or confidential. Notice is hereby given that all messages entered into the Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s) and may be subject to disclosure to applicable governmental authorities in accordance with applicable law.
  7. The Company may, at the Company's sole discretion, suspend or terminate the posting, and/or Site use rights of any user that violates any of the terms and conditions pertaining to use of chat rooms, message boards or online forums or any other terms and conditions of use of the Site, or for any other behavior that Company in its sole discretion deems is inappropriate.
  8. The Company is not responsible for any material appearing in any chat room, message board or other online forums on the Site. The Company is not responsible for screening material posted by users for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason.
  9. The Company shall at all times retain the right to modify or more likely, remove messages or other material that the Company, in the Company's sole discretion, considers to be infringing, offensive, abusive, defamatory, obscene, stale, or otherwise unacceptable. The Company also reserves the right to edit materials for any other reason. You hereby agree that whether or not the Company or its agents modify or remove any such material, persons submitting materials to the Company for publication or otherwise using any blogs, chat room, message board or on the Site, shall at all times remain solely responsible for the content of their submissions, messages and postings.
  1. No Medical Advice. 

You hereby acknowledge and agree that all the information presented in, at, through or in association with the Site and documents of the site are presented for informational and educational purposes only and should not be used in place of your own medical representation and consultation.  We are not your veterinarian or pet health advisor.  

The pet health experts featured on our Sites, including Dr. Ian Billinghurst cannot answer specific questions about your pet's medical issues or make medical recommendations for your pet without first establishing a veterinarian-client-patient relationship. Your pet's medical protocol should be given by your holistic veterinarian.

  1. No Warranties; No Liability For Third Party Products, Services, Data or Other Information, Other Limitations on Company's Liability. 

As a material term of this Agreement, and of continued authorization to use the Site, information and services available in, at, through or in association with, the Site, you expressly acknowledge and agree to all the following:

  1. The Company, its agents, assigns and successors do not warrant, guarantee, or insure the quality or efficacy of any product, method, or service requested from or provided by any advertiser, vendor, story contributor, Third Party Program Participant or any other third party not under the direct control and supervision of the Company, and that no representations of quality or fitness for use have been made by the Company or its agents, assigns or successors with respect to the Site or any goods, services, methods, or information available on, in, at, through or in association with, the Site.
  2. The Company, its agents, assigns and successors do not endorse the contents of any advertisements, opinions, claims, representations or other communications by any third party not under the Company's direct control and supervision.
  3. The Company, its agents, assigns and successors are not responsible for any materials, including, without limitation, any text, graphics, video, advertisements, promotions, offers, opinions, studies, stories, or any other materials displayed in, at, on or through the web sites, email, printed material or other communications of Third Party Program Participants or any other third party not under the direct control and supervision of the Company.
  4. You expressly agree that the Company shall not be responsible or liable for any delays, lack of goods or services availability, or other failure to deliver goods or services attributable in whole or in part to any third party, or to circumstances not directly and completely under the Company's control.
  5. YOU HEREBY AGREE THAT THE MATERIALS AVAILABLE IN, ON, AT THROUGH OR IN ASSOCIATION WITH, THE SITE, AND ALL SERVICES PROVIDED TO YOU BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTY ASSOCIATED WITH THE COMPANY, ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES REGARDING THE AVAILABILITY, ACCURACY, OR CONTENT OF MATERIALS, INFORMATION, PRODUCTS OR SERVICES, AND THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY, ITS AGENTS, ASSIGNS AND SUCCESSORS EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ALL GOODS AND SERVICES AND OTHER MATERIALS PROVIDED BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS AND ALL OTHER THIRD PARTIES PROVIDING GOODS, SERVICES AND/OR OTHER MATERIALS IN, ON, AT, THROUGH OR IN ASSOCIATION WITH, THE SITE, OR WITH THE COMPANY, IS BORNE EXCLUSIVELY BY YOU. SHOULD THE MATERIAL, OR ANY OTHER SERVICE PROVIDED BY COMPANY, THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTIES, PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO YOUR COMPUTER OR YOU, YOU, AND NOT COMPANY, ASSUME THE ENTIRE COST AND ALL DAMAGES WHICH MAY RESULT DIRECTLY AND INDIRECTLY FROM ANY AND ALL SUCH DEFECTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THE AGREEMENT.
  6. THE COMPANY SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM DISSEMINATING, FAILING TO DISSEMINATE, OR INCORRECTLY OR INACCURATELY DISSEMINATING ANY INFORMATION, DATA, ADVERTISEMENTS, PROMOTIONS, OPINIONS, STORIES, OR OTHER COMMUNICATIONS OR MATERIALS ON, IN, AT OR THROUGH THE SITE OR BY, OR IN ASSOCIATIONS WITH ANY ADVERTISER, VENDOR, THIRD PARTY PROGRAM PARTICIPANT, STORY CONTRIBUTOR OR ANY OTHER THIRD PARTY.
  7. THE TOTAL LIABILITY OF COMPANY, INCLUDING, WITHOUT LIMITATION, ANY LIABILITY DUE TO FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION, TRANSMISSION, FULFILLMENT OR DELIVERY, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF, RECORDS, DATABASES, INFORMATION, INCLUDING PERSONAL INFORMATION, WHETHER FOR BREACH OF CONTRACT, COMMISSION ONE OR MORE ACTS OF NEGLIGENCE, RECKLESSNESS OR ANY OTHER TORT OR ANY OTHER CAUSE OF ACTION ATTRIBUTABLE TO COMPANY, ITS EMPLOYEES, CONTRACTORS OR AGENTS, OR ANY OTHER PARTY DIRECTLY OR INDIRECTLY ASSOCIATED WITH THE COMPANY, INCLUDING ANY ADVERTISER, VENDOR, STORY SUBMITTER, INFORMATION PROVIDER, CONTRIBUTOR, REPORTER, THIRD PARTY PROGRAM PROVIDER OR ANY OTHER THIRD PARTY, SHALL BE STRICTLY LIMITED TO FIFTY DOLLARS ($50.00).
  8. SOME STATES DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY OR FOR EXCLUSIONS OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME PARTS OF THE DISCLAIMERS, LIMITATIONS AND EXCLUSIONS SET FORTH IN THIS AGREEMENT MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE OR BY JURISDICTION. UNDER NO CIRCUMSTANCES, AND UNDER NO CAUSE OF ACTION OR LEGAL THEORY, SHALL THE COMPANY, ITS SUPPLIERS, LICENSEES, RESELLERS, SUCCESSORS , ANY THIRD PARTY PROGRAM PARTICIPANTS OR ANY OTHER THIRD PARTIES PROVIDING GOODS AND/OR SERVICES IN, ON, AT, THROUGH, OR IN ASSOCIATION WITH, THE SITE BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES RESULTING FROM ANY USE OF MATERIALS OR OTHER USE OF THE SITE. 

 

  1. Newsletters and Email. 

By accepting any offer in, at, through or in associations with the Site, or by registering with, or accepting any offer by, any Third Party Program Participant, you are also “opting-in”, i.e., agreeing, to receive email newsletters, and other commercial, transactional and relationship email (as those terms are defined in the CANSPAM Act of 2003) from the Company, any and all Third Party Program Participants, and our, and their, respective, agents, affiliates, licensees, contractors, assigns, and successors in interest. If you do not want to receive such email messages, you may opt-out at any time, by following the directions in the email message sent to you (at the bottom), or by filling out our contact form. Please be advised that you may be unsubscribing from a particular list only and not all emails.  It may take up to ninety-six hours to process some of your opt-out requests. You agree that the Company, Third Party Program Participants, and our, and their, respective, agents, contractors, etc., shall not be responsible for any continuing receipt of email during the aforesaid processing period or for any malfunctions in the processing or lack of processing of your request beyond the control of the Company, Third Party Program Participants or their agents, contractors, assigns, successors in interest, etc.

 

  1. Mobile Messaging Policy and Terms.  

Billinghurst Institute mobile message service (the "Service") is operated by DIY Pet Cooperative LLC (“Billinghurst.Institute”, “We”, or “Us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Billinghurst.Insitute’s service, you agree to receive recurring SMS/text messages from and on behalf of us through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Us. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command “STOP” to 1 (855) 312-9693 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Billinghurst.Institute mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms. For Service support or assistance, text HELP to 1 (855) 312-9693 or email [email protected].

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy policy.

  1. Termination of, or Changes to, Offers, Programs, Promotions, Memberships, Subscriptions and Right To Access Site and Related Services. 

All memberships, subscriptions, offers, programs, promotions, rights to access the Site and services provided in, at, through or in association with the Site may be terminated at any time, and without cause, by either Company, any Third Party Program Provider of the relevant offer or other service, subject to the cancellation policy and procedures set forth in this Agreement, on the Site and in email communications to you. Your liability for charges with Third Party Program Providers, Company or any related party incurred during membership or subscription term, or for which you have agreed, shall continue after termination, for any reason. Company may at its sole discretion, and for any reason, or no reason, may terminate any membership, subscription or other services provided to you, and may terminate any and all authorization to access the Site, in whole or in part, without prior notice for any reason the Company deems appropriate, including, without limitation, for any violation of any provision of this Agreement, any action by you, or any party associated with you, that the Company deems to be contrary or damaging to the business interests or reputation of the Company, the Site or any Third Party Program Participant, any activity that the Company deems to be circumvention or aiding or promoting the circumvention of the rules or proper operation of any service provided in, at, on, through or in association with the Site, account inactivity, or any activity that the Company deems to be potentially or actually illegal or improper, including any activity involving what the Company determines to be the unlawful or improper sending of email or other improper communications.

  1. General Limitations Regarding The Use of the Site.

You must be over the age of eighteen years of age to participate in any offers, offered on, in, at, through or in association with, the Site, including submission of any story, article or opinion for publication on the Site.

  1. You must read and agree with these Terms and Conditions and our Privacy Policy .
  2. You must either own all computers you use to access the Site or goods and services offered on, in, at, through or in association with the Site, or you must have express permission to use such computers at all times you do so.
  3. You represent and warrant that all information supplied to the Company, its agents, and all Third Party Program Participants, including your name and email address, is accurate. You acknowledge and agree to provide to the Company and/or Third Party Program Participants, upon request, verification of information submitted by you.
  4. You agree that your use of the Site, and use of all services provided on, in, at, through or in association with, the Site, will, at all times, be for personal and non-commercial purposes only.
  5. You agree that you shall not use the Site on behalf of any other person or entity. You further agree not to use the Site or any services related thereto to conduct any non-personal or commercial competitive analysis of services or products offered in, on, at, through or in association with the Site.
  6. You may not assign any benefits or rights you obtain from the Company or any Third Party Program Participant, this Agreement, or any rights or obligations hereunder, to any third party without the prior express written approval of the Company or the relevant Third Party Program Participant. The Company may freely assign this Agreement and any and all rights and obligations hereunder, as well as any other rights or obligations owed to you, to any third party without your approval or notice to you.
  7. You shall be solely responsible for the payment of all taxes, if any, associated with your receipt of goods and/or services provided to you by Company and/or related third parties, including Third Party Program Participants. You are also responsible for complying with all applicable laws, rules, regulations and customs.
  8. All offers and use of the Site and materials available in, at, through or in association with the Site are void where prohibited by law, regulation, rule or custom.
  9. All offers made on, in, at, through or in association with the Site are subject to change. The Company, advertisers, promoters, vendors, content providers and all Third Party Program Participants expressly reserve the right to change the requirements to qualify for, and/or receive, any product, service or promotion at any time.
  10. Password Security. You are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. Access to and use of certain parts of the Site or online areas provided by one or more Third Party Program Participants may be through the use of a password. Any and all passwords and accounts you use to at, in, on, or in association with the Site and/or goods and services related thereto, are personal to you and are not transferable. You must keep your password strictly confidential and you agree that if you share any such password, unique login name or any other online security information with another person, you agree that your access to the Site and all related services are subject to immediate termination without notice or reimbursement of any kind. You may not use anyone else's passwords or accounts. Any sharing of passwords or any other methods of unauthorized access to the Site with any other person is strictly forbidden. Any such password sharing exceeds the authority granted to you to access the Site, materials contained therein, services offered, and any offers made. Further, such unauthorized access of the Site and/or other related databases, violates the intellectual property rights of the Company, and may violate civil and criminal laws, including the Stored Communications Act. You acknowledge and agree that neither the Company nor Third Party Program Participants or any other third party issuing you any password or account associated with your use of the Site or good or services available in, at, on or through the Site, will be liable for losses that are incurred through the use of your password or account by a third party or the disclosure of any of your passwords or account information.
  11. The Company and every Third Party Program Participant shall, at all times, reserve the right, to the fullest extent accorded by law, to refuse to accept requests for memberships and subscriptions, requests for goods, requests for services, and to terminate any and all memberships, subscriptions, offers, services and obligations with you and any and all other persons, for any reason or no reason.
  12. To participate in any offer by the Company or any Third Party Program Participant, You may not be in breach of this or any other agreement with the Company or any Third Party Program Participant.
  13. You shall not engage in any activity that could damage the Company's hardware or software or that of any Third Party Program Participant, member, subscriber, visitor, offeree, or other user of the Site or user of any services offered by the Company or any Third Party Program Participant. You shall not tamper, hack, spoof, copy, modify, or otherwise corrupt the administration, security, or proper function of any part of the Site or any service related thereto. You shall not use any automated, “robot”, “bot”, spider, script or any other similar device or other contrivance in direct or in direct association with your use of the Site or use or acquisition of any goods or services provided in, on, at, through or in association with, the Site. You shall not engage in any activity that could potentially disrupt the functioning of the Site or any service provided in, on, at, through or in association with, the Site.
  14. Discovery of any suspected or actual fraudulent or other illegal activity, or any activity the Company or any Third Party Program Participant deems improper, engaged in by you and/or another party in direct or indirect association with you, shall entitle the Company to immediately terminate any and all services and all other obligations to you. All suspected fraudulent and criminal activity may be immediately reported to appropriate governmental authorities.
  15. Violation of any provision of this Agreement or any other rule or regulation posted by the Company or any Third Party Program Participant may result in termination of all rights to all services provided by the Company and/or Third Party Program Participants, including the termination memberships, subscriptions, accounts, passwords, Site access, and loss of all accrued points, credits and other benefits.
  16. Any decision made by Company or any Third Party Program Participant relating to the determination of a breach of this Agreement, other posted rules or regulations or inappropriate conduct by you shall be final and binding.
  1. Restricted Use of Materials. 

The contents of the Site are protected by copyright and trademark laws and are the property of their respective owners. You may only access the materials located on the Site for your personal use. Subject to the terms of this Agreement, you may only download one copy of posted materials on a single computer for personal, noncommercial home use, provided that you do not change or delete any author attribution, trademark or copyright notice. You acknowledge and agree that by downloading material from the Site you do not acquire any copyright or other ownership rights in such material. You may not copy, modify, adapt, publish, perform, transmit or exploit any materials available in, on or at the Site without prior written consent from the Company. Logos and the name Billinghurst Institute and Billinghurst.Institute among others in the footer of our sites are trademarks owned by Rob Ryan. No use of this mark shall be permitted except for approved affiliate partners or through the prior written authorization and permission of the Company.  You also acknowledge and agree that all other trademarks, service marks, material subject to copyrights, trade secrets, and all patentable processes, machines and articles of manufacture available or otherwise used in, on, at and in association with the Site and goods and services related thereto, are valuable intellectual property owned by their respective owners. You agree not to make any use of any such intellectual property, except as authorized by the respective owner(s). All rights are expressly reserved.

  1. Referral Programs. 

The Company and/or Third Party Program Participants may invite you to participate in one or more referral, sales or affiliate marketing programs through which you may receive benefits for referring persons to the Site or to goods or services offered or provided on, in, at, through or in association with the Site (“Referral Programs”). If you elect to participate in a Referral Program, you agree to comply with all the terms and conditions associated with the Referral Program and specific campaign terms where applicable, including, without limitation, all laws, rules, regulations and customs pertaining thereto, including, without limitation, all applicable laws related to multi-level marketing programs, seller assisted marketing plans and similar regulations, and you also agree that all your activities associated with your participation in each Referral Program shall not, at any time, violate any rights, including without limitation, any intellectual property rights or other property rights, any privacy rights or any contract rights, of any persons or entities. For example, if you elect to participate in a Referral Program, you may not use unsolicited email, USENET, or message board postings, or other “SPAM”, or similar means, to generate referrals, prospects, traffic or interest.  Please note, the sending of unsolicited email is regulated by federal, state and foreign governments. One example of such law is the CAN SPAM Act. Penalties for violation of such laws can be severe. You acknowledge and agree that you will at all times comply with all federal state and foreign laws regarding unsolicited email including, without limitation, the CAN SPAM Act.The Company reserves the right to immediately terminate your participation in any or all of its Referral Programs if the Company, in its sole discretion, determines that you or one or more persons affiliated with you are engaging in the use of SPAM. In such cases, the Company shall be relieved of any obligation to provide you or any party affiliated with you with any benefits otherwise due for participating in one or more of the Company's Referral Programs. All such decisions by the Company are final. If you engage in any marketing activities as a part of your participation in a Referral Program, You agree not to make any misrepresentations to any person regarding the Site, goods or services offered, available or provided in, on, at, through or in association with the Site or any Third Party Program Participant, or regarding compensation or potential compensation relating to your participation in a Referral Program. All offers to participate in Referral Program are void where prohibited by law. The Company does not, at any time, represent that you will make any particular amount of money, or any money at all, participating in any Referral Program, or that there is any particular market, or any market at all for any goods or services that are the subject of any Referral Program. You acknowledge that Internet marketing or any referral-based compensation system comprises a risky venture and that success is due solely to your efforts, management skills, and other business and entrepreneurial skills.

  1. No Partnership or Joint Venture; No Employment Relationship. 

It is not the intention of the Company or any Third Party Program Participant to create a partnership or joint venture of any kind. Nothing in this Agreement or in your use of the Site or any goods or services offered on, in, at, through or in association with, the Site, shall be construed to create a joint venture or partnership relationship between you and the Company or any other party. Your relationship to the Company and to any and all Third Party Program Participants, is one of an independent contractor and/or customer. You acknowledge and agree that no employer-employee or employee-employer relationships of any kind are created by your use of the Site or any goods or services offered on, in, at, through or in association with the Site.



Your Relationship With Third Party Program Providers and Other Merchants and Advertisers Associated With The Site. 



These terms and conditions only apply to your use of the Site and not to the web sites of any other companies, including, without limitation, the web sites of the Site's advertisers, vendors, Third Party Program Participants, information providers, resource web sites companies, search engine companies, Users and other private parties. Your relationships with all such third parties associated with the Site, or otherwise associated with the Company, including, without limitation, those relationships arising from your acceptance of offers, participation in promotions, contests, or other programs, are solely between you and such merchant or advertiser. You acknowledge and agree that the Company is not responsible for the availability of any web site linked to the Site. The Company does not endorse or take responsibility for the contents, advertising, claims, opinions, products or services made available at or through such web sites. Under no circumstances shall the Company be held responsible or liable, directly or indirectly for any loss or damage that is caused or alleged to have been caused to you in connection with your use of, or reliance on, any content, opinions, goods or services available on any other web site. You should direct any concerns to that site's administrator or webmaster. You hereby agree not to hold the Company, its agents, assigns and successors liable for any loss or damage of any kind resulting in any way from your relationship(s) with any of the Site's advertisers, promoters, vendors, contributors, Third Party Program Participants, or any other third party associated with the Site or otherwise associated with the Company.

  1. Company Assignment. 

The Company may freely assign this Agreement and any and all rights and obligations hereunder, as well as any and all other rights, duties and obligations owed to you and/or any and all third parties, including, without limitation any and all rights and obligations pertaining to any and all offers and programs on, in, at, through or in association with the Site, including, without limitation any and all of Company programs, content and/or good will, to any third party without your approval or notice to you.

  1. Notices.

Notices from the Company or its agents, the Site or Third Party Program Provider to you and other visitors, members, subscribers and offerees, may be given by means of electronic messages, by general posting on the Site and by conventional mail. Communications from you to the Company shall be made by electronic messages to on our support page unless otherwise specified in this Agreement or on the Site.

  1. Entire Agreement.

This Agreement contains the entire agreement between you and the Company regarding your use of the Site and all services directly offered by the Company, including, without limitation, your duties and obligations, and the Company's duties and obligations. This Agreement supersedes all prior written and oral understandings, writings, and representations and may only be amended upon notice by Company.

  1. Venue and Jurisdiction, Choice of Law, Arbitration. 

This Agreement shall be governed by and construed under the laws of the State of Colorado and the United States as applied to agreements between Colorado state residents entered into and to be performed within the State of Colorado, except as governed by Federal law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. Any disputes directly or indirectly arising under this Agreement, or the products or services offered or made directly or indirectly available on, in, at, through or in association with the Site or otherwise by the Company, which arise in any manner, shall be resolved by binding arbitration before a single arbiter using the Commercial Rules of the American Arbitration Association. Each and every claim or controversy shall be arbitrated on an individual and independent basis and shall not be consolidated with any claim or claims of any other party or parties. You hereby agree not to participate, in any manner, in any class action against the Company resulting directly or indirectly from your use of the Site or acquisition or use of any goods, services or benefits obtained on, in, at, through or in association with, the Site, including, those provided by any and all Third Party Program Participants or any other party associated with the Site and/or the Company. You hereby waive and relinquish all such class action rights to the fullest extent possible by law.

 

  1. Unenforceability of Provisions. 

If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable. Failure of the Company to enforce any provision shall not be deemed to be a waiver of any rights to enforce any provision.

  1. Modification of the Agreement. 

The Company reserves the right, in its sole and absolute discretion, to revise, amend, modify or revoke this Agreement and the Privacy Policy at any time and in any manner. Changes to this Agreement and the Privacy Policy will be effective by posting revisions on the Site. In some circumstances you might be required to actively “accept” or “agree” to a new Terms and Conditions of Use Agreement and/or a new Privacy Policy, or to new or modified provisions thereof, in order to continue using the Site or services provided by the Company or Third Party Program Participants. Such assent or agreement to revisions to this Agreement or the Privacy Policy may be effectuated via an Opt-In or Opt-Out procedure (for an explanation of “Opt-In” and “Opt-Out” methods of providing contractual agreement, please see our Privacy Policy) or by use or continued use of the Site and/or any related service provided on, in, at, through or in association with, the Site after such modification is posted on the Site. You should, therefore check to see if there are any modifications of this Agreement or our Privacy Policy each time you use the Site.

 

  1. Contacting Us. 

You may contact us about our terms and conditions anytime by visiting our our support page.

 

  1. Refund Policies

Please refer to our refund policy page.

   22. Client Referrals

Company will send you ten leads/referrals of pet parents either in your local area or that wish to be advised via telephone or video conferencing (ie. Zoom).  These referrals are not guaranteed clients.  They are interested pet parents that wish to engage a Billinghirst certified raw nutrition consultant at the time the lead is generated.  You will be responsible for timely reply and engaging the referral with your services.  

Referred Products

Any products we have mentioned or recommended are subject to the refund policies of the respective companies.



Affirmation of Agreement. 

By any further use of the Site You hereby acknowledge and affirm that you have read and understand this entire agreement and that you AGREE to all its terms, conditions and other provisions. You also hereby acknowledge and affirm that you have read and understand our Privacy Policy. You agree that you shall be deemed to have affirmed and agreed to all the provisions of this agreement and all posted modifications thereof in its entirety by any means that may reasonably be interpreted as an act of affirmation, agreement, acceptance or acknowledgement of the foregoing, including, without limitation, use of the Site, by clicking any hyperlink that indicates that you accept these Terms and Conditions, such as that posted at http://www.billinghurst.institute/pages/terms, or by not opting out of such agreement, for example by not un-checking or deactivating a checked box indicating that you accept these Terms and Conditions. You also agree that each time you access or otherwise use the Site and/or any services offered in, at, through or in association with the Site, that you agreeing to be bound by these Terms and Conditions and you are re-acknowledging and reaffirming this Agreement in its entirety, as well as our Privacy Policy, with respect to the latest form or version posted or otherwise effective contemporaneously with your subsequent access or use. You also agree that the aforesaid methods of affirmation, agreement, acceptance or acknowledgement shall be valid and binding with respect to any and all additional terms, conditions, limitations of liability or other agreement associated with any offer, program, promotion or sale of any goods or services on, in, at, through or in association with, the Site.