Terms of Use

These Terms of Use ("Terms") govern your use of the Cesar-Millan branded services located at www.sessionswithcesar.com, including the "Sessions with Cesar" materials, the "Cesar Live" webinars, the “Cesar Pack” community/forums and all other materials available on such web pages (collectively, the “Service”), which is operated by Trans World International, Inc. dba IMG Media ( “IMG,” “we,” or “us”). By clicking “I Agree” or by using the Service after having been afforded an opportunity to review the following terms and conditions concerning your use of the Service, you are indicating that you agree to follow and be bound by the Terms.

These Terms were last revised on May 7, 2008.

1. Use of Content

1. Content, including but not limited to text, software, music, sound, photographs, trademarks, service marks, logos, video, graphics or other material contained on this Service or in commercially produced information presented to you through the Service by IMG or IMG’s third party licensors (“Content”) is protected by copyright, trademarks, service marks, patents or other proprietary agreements and laws and you are only permitted to use Content as expressly authorized herein or in writing by IMG. These Terms do not transfer any right, title, or interest in the Service or the Content to you, and IMG and its third party licensors retain all of its and their respective right, title and interest to the Service and Content.
2. Except as provided in these Terms, you may not use, download, upload, copy, print, display, perform, reproduce, publish, license, post, transmit, distribute or otherwise exploit any Content or information from the Service, in whole or in part, including without limitation by way of framing or hyper-linking, without the express permission of IMG. Requests for such permission should be made to info@sessionswithcesar.com].

2. You may without our permission (subject to your registration on the Service, where applicable):

1. Download, view and print Content, but only if:
   
   
   1. the Content is used solely for personal or informational purposes;
   2. the Content is not provided, sold, licensed or leased (nor is access provided to the Content) for any fee or other consideration;
   3. all copyright, trademark and other proprietary rights notices included in the Content as presented through the Service appear on all copies;
   4. the Content is not modified or altered in any way; and
   5. no graphics are used separately from accompanying text.
      
      
2. Link or hyper-link to the “learn more” page of the Service from any Qualified Site, but only if:
   
   
   1. you notify us by email at info@sessionswithcesar.com specifying the URL of each page from which you will be linking to our “learn more” page;
   2. you do not frame the Service or any portion of the Service;
   3. you do not deep link into the Service (i.e., you do not link into any page other than the “learn more” page);
   4. the link or hyper-link to the Service is not used in a way that suggests that IMG or Cesar Millan endorses you or your web site;
   5. the link is identified using a plain text rendering of the Sessions With Cesar name and not any trademark or logo of IMG or Cesar Millan;
   6. the link or hyper-link to the Service is not used or presented in any way that disparages IMG or Cesar Millan or tarnishes, blurs, or dilutes the quality of its or their names or trademarks or any associated goodwill;
   7. the link or hyper-link to the Service is not displayed on any web page that displays Objectionable content or links; and
   8. you agree that we may terminate your right to link or hyperlink to the Service at any time for any reason or no reason.

“Qualified Site” means a web site that displays no Objectionable content, is not owned or controlled by a competitor to IMG and the content of which is not competitive to the Service.

“Objectionable” means as to any content, information in any medium or format, including without limitation text, data, graphics, audio or video, that: (a) is libelous or defamatory, pornographic, sexually explicit, unlawful or plagiarized; (b) a reasonable person would consider harassing, abusive, threatening, obscene or excessively violent, (c) constitutes a breach of any person’s privacy or publicity rights, hate speech or an infringement of any third party’s intellectual property rights of any kind, including without limitation, copyright, patent, trademark, industrial design, trade secret, confidentiality or moral rights; or (d) violates or encourages other to violate any applicable law.

3. You may not under any circumstance:

4. Use of Interactive Components of Service The Service may contain communities, message boards, blogs, forums, chat rooms, and/or other interactive functions (collectively, “Forums”). The functionality of the Service may allow you to: (1) provide content (including, without limitation, text or photographs, video or other graphics), e-mail communications or other information that is to be posted on or through the Service (collectively, as provided by any user “Forum Information”); and (2) view and respond to Forum Information provided by other users of the Service. You acknowledge that (i) IMG does not necessarily pre-screen Forum Information; (ii) IMG does not endorse or adopt (and has not necessarily reviewed) any Forum Information nor assumes any responsibility for any material therein; and (iii) IMG shall have the right (but not the obligation) in its sole discretion to refuse or remove any Forum Information on the Service and to edit or delete any Objectionable material. If you believe that IMG has acted mistakenly with respect to certain Forum Information or other content, you may contact us at [info@sessionswithcesar.com], in which case we may investigate the matter further. We reserve the right, however, to take no further action.

You agree not to post any Forum Information that is Objectionable. In the event that you post or make accessible communications or other materials that we determine in our sole discretion are Objectionable, IMG shall terminate your access to the Service. If you believe that Forum Information remains on the Service that violates your rights, your sole remedy shall be against the person responsible for posting or storing it, not against us. If you believe that Forum Information remains on the Service that infringes your copyrights, you must follow the procedure set forth in Section 16 below.

In addition to the restrictions on disclosure of Personal Information as set forth in IMG’s Privacy Policy , IMG will not edit, delete or disclose the contents of your personally identifiable information submitted in connection with your Forum Information or your use of the Service unless: (1) you authorize IMG to do so; (2) you yourself disclose your identity or other personal information about yourself in a Forum or as part of Forum Information posted to an area of the Service accessible to other users; or (3) if IMG is required to do so by law or in the good faith belief that such action is necessary to: (a) conform with applicable laws or comply with legal process served on IMG; (b) protect and defend the rights or property of IMG or another user; or (c) enforce these Terms. The foregoing notwithstanding, in the event you submit personally identifiable information as part of your use of a Forum, including without limitation, your email address, you understand and agree that all such personally identifiable information so submitted may be disclosed within the Forums to other users. Personally identifiable information submitted by you as part of your use of a Forum, is explicitly excluded from the IMG Privacy Policy.

By submitting any content or Forum Information to the Service, including message boards, forums, contests and chat rooms, you grant us and our contractors and affiliates a royalty-free, perpetual, irrevocable, non-exclusive worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display (either publicly or by digital audio transmission) the content or Forum Information (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, subject to our Privacy Policy with respect to your Personal Information (as defined in the Privacy Policy ). You also warrant that the holder of any rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.

5. Payments
Certain subscription and other fee-based services (“Pay Services”) offered through the Service may require the user to pay to IMG fees for the Pay Services at the times and in the amounts specified on the Service (or on our authorized reseller websites). IMG bills you through an online account (your “Billing Account”) for Pay Services. You agree to pay IMG all charges at the prices then in effect for any Pay Services ordered by you or other persons (including your agents) using your Billing Account, and you authorize IMG to charge your payment method (your “Payment Method”) for such Pay Services. You agree to make payment using your selected Payment Method. If IMG does not receive payment from the provider of your Payment Method (the “Payment Method Provider”), you agree to pay all amounts due on your Billing Account upon demand. IMG reserves the right to limit the selection of, and changes to, your Payment Method Provider.

You must provide current, complete and accurate information for your Billing Account in order to receive the Pay Services ordered. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, credit card number, or credit card expiration date), and you must promptly notify IMG if your payment method is canceled (for example, for loss or theft) or if you become aware of a potential breach of security, such as the unauthorized disclosure or use of your password. IF YOU FAIL TO PROVIDE IMG ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT IMG MAY CONTINUE CHARGING YOU FOR ANY PAY SERVICE PROVIDED UNDER YOUR BILLING ACCOUNT, UNLESS YOU HAVE TERMINATED YOUR ACCOUNT FOR SUCH PAY SERVICE (CONFIRMED IN WRITING UPON REQUEST).

Prices for all Pay Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise, excluding taxes based upon IMG’s net income. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are charged to your Billing Account or Payment Method.

IMG expressly reserves the right, in its sole discretion, to change the pricing of all Pay Services, from time to time. If you and IMG have agreed to a specific duration and price for your Pay Services, then any price change for that service will not apply to your continued use of Pay Services under that plan (provided that you do not change plans or otherwise interrupt your subscription) until the first day following the expiration of the specific term to which you and IMG have agreed. For example, if you have signed up for a plan at a particular monthly price for 12 months, then any subsequent price increase for that plan will not apply to you until either your 12-month subscription expires or you choose to terminate your plan before the conclusion of the 12-month period, whichever is earlier.

If the amount to be charged to your Billing Account varies from the amount you have preauthorized, whether as a result of your selection of a new plan, or a change in pricing of your current plan, you have the right to receive, and IMG will provide, notice of the amount to be charged and the date of the charge prior the scheduled date of the transaction. In the event the change in the amount to be charged is attributable to a change in the pricing of your existing plan and you do not agree to such change, then you must cancel your plan and stop using the Pay Services prior to the effective date of such change. Your continued use of the Pay Services after the effective date of such change constitutes your acceptance of and agreement to such change. Any agreement you have with the Payment Method Provider will govern your use of that Payment Method.

IMG MAY SUBMIT ALL PERIODIC CHARGES (FOR EXAMPLE, ANNUALLY IN ADVANCE) FOR YOUR PAY SERVICE, ON SUCH ANNUAL OR OTHER PERIODIC BASIS WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE IMG REASONABLY COULD ACT.

Your continued use of the Pay Services on your Billing Account reaffirms that IMG is authorized to charge your Payment Method. IMG may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive IMG’s right to seek payment directly from you.

REFUND POLICY: While we have no obligation to provide a refund, we will review the situation on a case-by-case basis taking into account the reason for the refund request, when you activated your account and how far you have progressed through the course.

In the event of a charge back by your Payment Method Provider or other non-payment by you in connection with your payment of the applicable Pay Service or renewal fee, you acknowledge and agree that the Pay Service for which such fee has not been paid may be suspended, canceled or terminated, in IMG's sole discretion. IMG will reinstate any such Pay Service solely at its discretion, and subject to our receipt of the applicable Pay Service or renewal fee.

6. Marks
Certain product, service, or company designations for companies other than IMG may be mentioned in the Service for identification purposes only. Such designations are often claimed as trademarks or service marks. In all instances where IMG is aware of a claim, the designation appears in initial capital or all capital letters. However, you should contact the appropriate companies for more complete information regarding such designations and their registration status.

7. Modifications To Terms
IMG may change these Terms from time to time. Your continued use of this Service following the posting of any changes to the Terms constitutes your acceptance of those changes. If you object to any provision of these Terms or any subsequent modifications to these Terms or become dissatisfied with the Service in any way, your only recourse is to immediately terminate use of the Service.

8. Termination of Service/Modifications To Service
IMG reserves the right to modify or terminate these Terms or your access to the Service (or portions of the Service), temporarily or permanently, with or without notice to you, and is not obligated to support or update the Service. Sections 1, and 3-18 of these Terms shall survive any termination of these Terms or your right to access to the Service. You acknowledge and agree that IMG will not be liable to you or any third party in the event that IMG exercises its right to modify or terminate access to the Service (or portions of the Service). Unless explicitly stated otherwise, any new features that augment or enhance the current Service will be subject to these Terms.

9. Privacy; Passwords
IMG will treat any information it collects from you in accordance with its Privacy Policy. Certain areas of the Service may require a password, and may require the user to register and provide certain data to IMG, and with respect to purchases of IMG products via the Service, to IMG’s contractors. IMG may refuse to offer a password to any person and may change its criteria for access to the password-protected areas of the Service at any time, in its sole discretion. In consideration of use of these portions of the Service, you represent and warrant that, in registering and providing such data to IMG: (a) the information about yourself is true, accurate, current, and complete as required by various IMG registration forms ("Registration Information"); and (b) you will maintain and promptly update the Registration Information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or IMG has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, IMG has the right to suspend or terminate your account and refuse any and all current or future use of the Service. All Registration Information will be treated in accordance with IMG’s Privacy Policy. You are responsible for maintaining the confidentiality of your passwords, and are fully responsible for all activities that occur under your passwords, whether or not expressly authorized by you.

You must be at least 18 years old to be eligible to register for the Service.

10. Other Sites, Content, Products and Services
The Service, located at www.sessionswithcesar.com: (i) may be accessible from and linked to other Cesar Millan-branded properties not operated by IMG (including, without limitation, the website located at www.cesarmillaninc.com), and (ii) may provide links to other third party web sites and access to content, products and services of third parties (collectively (i) and (ii), the “Other Sites”). IMG is not responsible for examining or evaluating, and we do not warrant the offerings of, any of these Other Sites, and IMG does not assume any responsibility or liability for the actions, products, services or content of these Other Sites or any other third parties. You should refer to the separate terms of use, privacy policies, and other rules posted on Other Sites before you use them.

11. Disclaimers and Warnings While we take great care in the Content we provide on our Service, we do not guarantee the accuracy or completeness of any Content on or provided in connection with the Service. IMG, Cesar Millan, Ilusion Millan and Cesar Millan, Inc. (collectively the “Released Parties”), and its and their affiliates, consultants, associates, and other users may also provide advice as part of the Content on the Service (“Advice”). You agree that such Advice is provided for your informational purposes only, and that you must evaluate, and bear all risks associated with the use of any Advice, including any reliance on the accuracy, completeness, or usefulness of such information or content. In this regard, you acknowledge that you may not rely on any Advice.

You agree, in connection with any use of the Service: to release the Released Parties and their officers, employees, directors, shareholders, and agents, from any and all claims, demands and damages, of any type and nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with use of the Advice by or on behalf of you (including without limitation disputes of any kind with any parties dispensing Advice through the Service).

THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES PROVIDED ON THE SERVICE, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND SECURITY AND ACCURACY, AS WELL AS ALL WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. THE RELEASED PARTIES MAKE NO WARRANTY, AND EXPRESSLY DISCLAIM ANY OBLIGATION, THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE, ACCURATE OR APPLICABLE TO YOUR CIRCUMSTANCES; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

IMG may provide you with access via the Service to Forum Information provided by other users of the Service. We do not control the content or subject matter of the Forum Information that is made available through our Service. You may find the Forum Information to be offensive, harmful, inaccurate, or deceptive. Any opinion, idea or view expressed within the Forum Information is the responsibility of the applicable author and the Released Parties do not endorse any such opinion, idea or view. By using this Service, you agree to accept such risks and the Released Parties are not responsible for the content or subject matter of the Forum Information.

WARNING: You acknowledge and agree that even the friendliest dog can be unpredictable, and that working with animals may be dangerous and can lead to serious injury or even death. ALWAYS SEEK THE ADVICE OF QUALIFIED PROFESSIONALS, INCLUDING WITHOUT LIMITATION YOUR PHYSICIAN AND YOUR DOG’S VETERINARIAN, BEFORE USING ANY OF THE MATERIALS OR TECHNIQUES DESCRIBED ON THE SERVICE. YOU EXPRESSLY AGREE TO HOLD THE RELEASED PARTIES HARMLESS FROM ANY PROPERTY DAMAGE, PERSONAL INJURY, INJURY TO YOUR DOG AND/OR DEATH, OR ANY OTHER LOSS OR DAMAGE THAT MAY RESULT FROM YOUR USE OF THE SERVICE OR CONTENT. THE SERVICE IS NOT SUITABLE FOR INDIVIDUALS WHO SUFFER FROM PHYSICAL LIMITATIONS.

No Advice or information, whether oral or written, obtained by you from IMG or through the Service or Content, or its employees, consultants and/or experts shall create any warranty not expressly made herein.

The information contained in the Service is provided for general reference and informational purposes only and should not be construed to be formal professional advice or the formation of a consultant-client relationship. Nothing on this Service reflects a willingness by any of the Released Parties to serve as an expert or consultant in any particular matter.

12. Limitation of Liability
IN NO EVENT SHALL THE RELEASED PARTIES OR THEIR CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, ARISING FROM YOUR ACCESS TO OR INABILITY TO ACCESS, OR USE OF, THE SERVICE, EVEN IF SUCH PARTY WAS ADVISED THAT SUCH DAMAGES WERE LIKELY OR POSSIBLE. THIS LIMITATION ON LIABILITY APPLIES TO, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY DISABLING DEVICE OR VIRUSES WHICH MAY INFECT YOUR EQUIPMENT OR SYSTEM, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS, UNAUTHORIZED ACCESS, THEFT, BODILY INJURY, PROPERTY DAMAGE, OPERATOR ERRORS, STRIKES OR OTHER LABOR PROBLEMS OR ANY FORCE MAJEURE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. ACCORDINGLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnity
You agree to indemnify, defend and hold harmless the Released Parties, and their affiliates, shareholders, directors, officers, employees, contractors and agents, from any claim, demand, liability, expense, or loss, including reasonable attorneys’ fees, arising out of, or in any way connected with (a) your use of or access to the Service or the Content or your linking to or emailing the Service, (b) the violation of these Terms by you, (c) the infringement by you, or any other person using your passwords or account, of any intellectual property or other right of any person or entity, or (d) your submission of any material to IMG or the Service or from any person's use of any account or password you maintain with any portion of the Service, regardless of whether such use is authorized by you.

In the event that you have a dispute with one or more users, you release the Released Parties(and our officers, directors, agents, contractors, affiliates, parents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

14. Dispute Resolution
Any dispute arising out of or in connection with these Terms or your use of any Content or this Service or your access to or links to this Service, shall be resolved by arbitration before three neutral arbitrators administered by the American Arbitration Association in New York City, in accordance with its Commercial Arbitration Rules, as then in effect. Except for punitive damages (which may not be awarded), any provisional or equitable remedy which would be available from a court of law shall be available from the arbitrators to parties. The award of the arbitrators may be enforced in any court having jurisdiction thereof. Both parties hereby consent (a) to the non-exclusive jurisdiction of the State and Federal Courts located within New York City for any action (i) to compel arbitration, (ii) to enforce the award of the arbitrators or (iii) at any time prior to the qualification and appointment of the arbitrators, for temporary, interim or provisional equitable remedies and (b) to service of process in any such action by registered mail or any other means provided by law. Some jurisdictions may provide additional rights to consumers.

15. General
If any provision of these Terms is found by a court or arbitrator to be invalid, the parties agree that the court or arbitrator should give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms will remain in effect. IMG’s failure to act with respect to a breach by any person using the Service does not constitute a waiver of its right to act with respect to subsequent or similar breaches. These Terms will be governed by and construed in accordance with the laws of the State of New York without regard to its choice of law provisions. In the event of any conflict between foreign laws, rules and regulations and those of the United States, the laws, rules and regulations of the United States will govern. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these Terms. IMG may assign its rights and duties under these Terms without such assignment being considered a change to the Terms and without notice to you. You may not assign these Terms without the prior written consent of IMG. Nothing contained in these Terms will be deemed to constitute either party as the agent or representative of the other party, or both parties as joint venturers or partners for any purpose. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by IMG on the Service, and any modifications to the foregoing, constitute the entire agreement between the parties with regard to the subject matter in these Terms and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.

16. Copyright
We respect the rights of all copyright holders and, in this regard, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users who post materials on the Service that infringe the rights of copyright holders. If you believe that your work has been used or copied in a way that constitutes copyright infringement, please provide our Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. § 512:

(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

(b) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

(d) Information reasonably sufficient to permit us to contact the complaining party;

(e) A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

(f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Our Copyright Agent for notice of claims of copyright infringement on or regarding this Service can be reached as follows:

IMG Media
420 West 45th Street
New York, NY 10036
Attn: info@sessionswithcesar.com

17. Acknowledgment You acknowledge (a) that you have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.

18. Contact Information If you have any questions regarding these Terms or the Service, please contact IMG at info@sessionswithcesar.com.