This Self-Study Course Terms of Use Agreement (“Agreement”), is made and entered into by and between CreScent Service Dogs Inc. (“CreScent”), a Florida corporation, and any enrollee (“Client”) who registers for any CreScent Service Dogs Online Self-Study Courses.  CreScent and Client shall hereinafter be referred to individually as “Party” and collectively as “Parties.”

WHEREAS, the purpose of this Agreement is to utilize the online self-study services of CreScent on the terms and conditions and for the consideration set forth in this Agreement; and

WHEREAS, the Client desires to enroll in the CreScent Service Dogs Online Self-Study Course(s) (“Program”);

NOW, THEREFORE, for and in consideration of the foregoing, and of the mutual agreements and obligations contained herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

  1. PROGRAM TERMS AND CONDITIONS.

    1. The Program is a Self-Study Course consisting of lessons for Scent Detection Training for dogs. 

    2. By participating in the Program, Client acknowledges and agrees to all terms and conditions of this Agreement, and the following:

      1. Client acknowledges and agrees that dogs are inherently dangerous and unpredictable animals. Client assumes all risk for anything arising or relating to his/her participation in the Program. 

      2. CreScent is only providing the Program. The Program is not for one-on-one coaching or private coaching. The Program is an online-based self-study course. Private coaching may be available as an option (at the discretion of CreScent) and pursuant to terms and conditions of a separate agreement.

      3. CreScent is not vetting any teams.

      4. By completing the Program, it does not automatically mean the dog is a service dog.

      5. CreScent does not vet the Client or vet Client’s dog(s) to determine the dog(s) suitability to be service dogs in the Program or the Client’s legal right to need the assistance of a service dog.

      6. There is no certificate of completion.

    3. The fee for the Program is set forth on each Program course enrollment page. All payments are NON-REFUNDABLE. All sales are final. CreScent does not offer any money-back guarantees. Client recognizes and agrees that refunds are not permitted under any circumstance.

  2. COPYRIGHT AND CONTENT.

    1. All content included as part of the Program, is the property of CreScent and is protected by copyright, trademark, and other laws that protect intellectual property and proprietary rights. 

    2. By participating in the Program, the Client agrees to the following:

      1. Client’s participation in the Program does not result in a transfer of any intellectual property. 

      2. Client agrees to observe and abide by all copyright and other intellectual property protection. 

      3. Client is granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources.

      4. Client agrees not to modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program.

    3. Nothing in the Program may be, in whole or in part, sold or otherwise transmitted in any form or by any means for commercial purposes, except with the prior written permission of CreScent.

  3. NO PROFESSIONAL RELATIONSHIP.

    1. Client acknowledges and agrees that Client’s participation, and use of the Program, does not create a professional-client relationship between Client and CreScent.

    2. Client acknowledges and agrees that information in the Program shall not be construed as professional advice. The information in the Program is not a substitute for professional advice. If Client has specific concerns, Client should consult with a professional directly to address those concerns. CreScent, its employees, and owners shall not be liable for any damages resulting from failure to seek professional advice.

    3. Client acknowledges and agrees that CreScent, its employees, and owners shall not be held liable for any errors or omissions in the Program.

  4. TERMINATION AND ACCESS RESTRICTION.

    1. Access to the Program is specified on the enrollment page, typically 3-months from date of purchase. Any additional access to the Program will require purchasing and enrolling in the Program again.

    2. CreScent, in its sole discretion, reserves the right to terminate Client’s access to the Program, or any portion thereof, with or without cause at any time without notice.

    3. In the event of termination, Client shall not be entitled to any refund for fees paid and shall be liable for any remaining payments.

  5. PERSONAL RESPONSIBILITY.

    1. Client acknowledges and agrees that by participating in the Program, Client accepts full personal responsibility for their actions. CreScent has not made any guarantees or warranties in regard to results from the Program. The Program is an educational and informational resource. The Program is intended to assist Client with their scent (gluten/allergen) detection training education.

    2. Client acknowledges and agrees that failure to achieve any training goal is not the fault of CreScent. 

  6. ASSUMPTION OF RISK.

    1. Client agrees to take full responsibility for any harm or damage incurred as a result of the use, or non-use, of the information available in the Program. 

    2. Client acknowledges and agrees to assume full responsibility for any harm or damage incurred as a result of the use, or non-use, of the information available in the Program or related to or arising from information contained in the Program. 

    3. Client acknowledges and agrees that dogs are inherently unpredictable animals and Client assumes all risk associated and related to such training. Client understands and acknowledges that such risks are inherent and cannot be eliminated.  

    4. This Agreement is intended to shift the risk of participating in the Program to Client. Client agrees to use good judgment and conduct due diligence before taking any actions or implementing training strategies addressed in the Program.

  7. LIMITATION OF LIABILITY AND INDEMNIFICATION

    1. Client assumes full responsibility both during participation in the Program and after participation in the Program. Client hereby agrees to release, hold harmless, and indemnify CreScent and its employees, directors, volunteers, successors, representatives, and assigns from and against any claims and liability for any injury, death, harm, loss of property, property damage, and/or any other damage of any kind whatsoever alleged to have been caused directly or indirectly to any person or thing, both during participation in the Program and after participation in the Program. CreScent reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Client, in which event Client will fully cooperate with the CreScent in asserting any available defenses.

 

  1. Client agrees that CreScent shall not be liable for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program or arising from use of the Program.

  2. In no event shall CreScent’s liability for damages in connection with this Agreement exceed the amount paid by Client for the Program. 

  3. Client agrees to release CreScent of any and all liability or loss that Client, or any person or entity associated with Client, may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. The information, software, products, and services included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. CreScent may make improvements and/or changes in the Program at any time. 

  4. If Client is dissatisfied with the Program or any portion of it, Client’s sole and exclusive remedy is to discontinue using the Program.

  1. WAIVER RIGHTS

The failure of CreScent to require performance of any provision shall not affect CreScent’s right to require performance at any time thereafter, nor shall a waiver of any breach or default of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

  1. NOTICES

All notices given under this Agreement must be in writing. A notice is effective upon receipt and shall be sent via one of the following methods: delivery in person, overnight courier service, certified or registered mail, postage prepaid return receipt requested, addressed to the party to be notified at the address stated in this Agreement, or as designated by either party upon reasonable notice to the other party.

  1. SAVINGS CLAUSE.

Client expressly agrees that the foregoing assumption of risk, release, waiver, and indemnity provisions are intended to be as broad and inclusive as permitted by applicable law, and that if any portion thereof is held invalid, Client agrees that the remaining provisions will continue in full force and effect.

  1. BINDING EFFECT 

This Agreement shall be binding upon and shall inure to the benefit of the Parties and their successors and assigns. Neither Party may assign its rights or delegate its duties under this Agreement without the other Party’s prior written consent. 

  1. ATTORNEYS’ FEES

If either Party brings legal action to enforce its rights under this Agreement, the prevailing party will be entitled to recover from the other Party its expenses (including reasonable attorneys’ fees) incurred in connection with the action and any appeal.

  1. GOVERNING LAW

This Agreement will be governed by and construed in accordance with the laws of the State of Florida, without regard to the principles of conflict of laws. Jurisdiction and venue of any dispute of this Agreement shall be in Seminole County, Florida.

  1. HEADINGS

The section headings herein are for reference purposes only and shall not otherwise affect the meaning, construction or interpretation of any provision in this Agreement.

  1. COUNTERPARTS AND ELECTRONIC SIGNATURES

This Agreement may be executed in several counterparts, each of which shall be deemed as an original, but all of which taken together shall constitute one single agreement.  Enrollment in and purchase of the Program constitutes acceptance of this Agreement.

  1. SURVIVAL OF TERMS

All covenants herein shall survive this Agreement.

  1. ENTIRE AGREEMENT

This Agreement supersedes all prior discussions, representations, warranties and agreements of the Parties, and expresses the entire agreement between Client and CreScent regarding the matters described above.

  1. EFFECTIVE DATE. 

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.

I HAVE READ THIS AGREEMENT, FULLY UNDERSTAND ITS TERMS, AND INTEND IT TO BE A COMPLETE AND UNCONDITIONAL RELEASE OF ALL LIABILITY TO THE GREATEST EXTENT ALLOWED BY LAW AND AGREE THAT IF ANY TERMS OF THIS AGREEMENT ARE HELD TO BE INVALID, THE REMAINING TERMS SHALL CONTINUE IN FULL FORCE AND EFFECT.