Terms and Conditions

Acceptance of Terms

Welcome to nagoosedog.com (the "Site"), operated by the North American Goose Dog Association ("NAGA," "we," "us," or "our"). These Terms and Conditions ("Terms") govern your access to and use of the Site, including any content, functionality, and services offered on or through the Site.

By accessing or using the Site, you ("User" or "you") acknowledge that you have read, understood, and agree to be bound by these Terms and all applicable laws and regulations. If you do not agree to these Terms, you must immediately discontinue use of the Site and all Services.

For registered users: By creating an account, submitting a certification application, or purchasing any Service, you further acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. Your creation of an account and acceptance of these Terms constitutes a binding agreement between you and NAGA.

We may update these Terms from time to time. The "Last Updated" date at the top of this page indicates when the Terms were last revised. Your continued use of the Site after any changes constitutes your acceptance of the revised Terms. We encourage you to review these Terms periodically.

These Terms incorporate by reference all policies, guidelines, and procedures published on the Site, including but not limited to our Privacy Policy, certification standards, and brand guidelines.

Definitions

As used throughout these Terms, the following terms shall have the meanings set forth below:

• "Association" or "NAGA" means the North American Goose Dog Association, including its officers, directors, employees, agents, contractors, and affiliates.
• "Certification" means the credential issued by NAGA upon successful completion of the applicable evaluation process, including both Dog Certification and Handler Certification.
• "Certified Dog" means a dog that holds a current, active NAGA Dog Certification that has not expired, been suspended, or been revoked.
• "Certified Handler" means an individual who holds a current, active NAGA Handler Certification that has not expired, been suspended, or been revoked.
• "Certification Marks" means the NAGA certification seals, badges, logos, and any other marks or designations indicating NAGA certification status.
• "Content" means all text, images, photographs, videos, audio recordings, data, graphics, logos, trademarks, certification marks, software, and other materials available on or through the Site.
• "Directory" means the searchable listing of NAGA-certified providers and their associated dogs available on the Site.
• "Member" means any individual or entity that has created a registered account on the Site.
• "Services" means all services provided by NAGA through the Site, including but not limited to certification programs, directory listings, educational content, marketing resources, and related features.
• "Site" or "Website" means nagoosedog.com and all subdomains, mobile versions, and associated web properties operated by NAGA.
• "User" or "you" means any individual or entity that accesses or uses the Site, whether or not they have created an account.
• "User Content" means any content submitted, posted, uploaded, or transmitted by users through the Site, including but not limited to directory profile information, business descriptions, photographs, videos, reviews, testimonials, and comments.

User Eligibility and Account Terms

Eligibility Requirements

You must be at least eighteen (18) years of age to create an account, apply for certification, or use any paid Services offered through the Site. General informational content on the Site may be accessed by individuals thirteen (13) years of age or older, in compliance with the Children's Online Privacy Protection Act (COPPA). By using the Site, you represent and warrant that you meet the applicable age requirement and have the legal capacity to enter into a binding agreement under these Terms.

If you are applying for certification on behalf of a business entity, you represent and warrant that (a) the entity is legally formed and in good standing in its jurisdiction of organization, and (b) you have the authority to bind such entity to these Terms.

Account Registration

To access certain features of the Site, including certification applications and Directory listings, you must create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information during the registration process;
• Maintain and promptly update your account information to keep it accurate, current, and complete;
• Maintain the security and confidentiality of your login credentials, including your password;
• Accept sole responsibility for all activities that occur under your account, whether or not authorized by you;
• Immediately notify NAGA of any unauthorized use of your account or any other breach of security.

Account Restrictions

You may not share your account credentials with any other person or entity, and you may not create more than one account per individual or entity. NAGA reserves the right to suspend or terminate your account at any time, for any reason, including but not limited to a violation of these Terms, the provision of false or misleading information, or prolonged account inactivity.

Certification Program Terms

Overview

NAGA offers professional certification programs for goose dogs and goose dog handlers. These programs are designed to establish and maintain industry standards for humane, effective goose management through the use of trained dogs. Participation in these programs is subject to these Terms, all applicable certification standards published by NAGA, and any additional certification-specific requirements.

Certification Types and Fees

• Dog Certification: $395.00 per evaluation. Valid for three (3) years from the date of issuance, subject to renewal.
• Handler Certification: $295.00 per evaluation. Valid for one (1) year from the date of issuance, subject to annual renewal.

All fees are stated in United States Dollars (USD). Fees are subject to change at NAGA's discretion. Current fees will be displayed on the Site at the time of application. NAGA will provide at least thirty (30) days' written notice before any fee increases take effect for renewal applications.

Evaluation Process

Certification is based on a video-based verification process evaluated by independent third-party auditors selected by NAGA. NAGA reserves the right to modify its certification standards, evaluation criteria, and evaluation procedures at any time to reflect evolving industry best practices. Applicants will be evaluated under the standards in effect at the time of their application submission. NAGA does not guarantee that any applicant will be approved for certification, regardless of fees paid or prior certification status.

Certification Status and Limitations

Certification is a privilege granted by NAGA at its sole discretion and does not constitute:

• A guarantee, warranty, or endorsement of any handler's or dog's performance, behavior, reliability, or suitability for any particular purpose;
• An endorsement or recommendation of any individual, business, or animal;
• A license to practice any regulated profession or engage in any activity requiring a government-issued license or permit;
• An employment, agency, franchise, or partnership relationship with NAGA;
• A guarantee of business success, income, leads, or commercial results of any kind.

Renewal

Certifications must be renewed before their expiration date to maintain active status. Renewal requires submission of a renewal application, payment of applicable renewal fees, and continued compliance with NAGA's certification standards. Failure to renew by the expiration date will result in automatic lapse of certification, removal from the Directory, and the obligation to cease use of all NAGA Certification Marks. A lapsed certification may be reinstated through a new application process, subject to current fees and standards.

Revocation and Suspension

NAGA reserves the right to suspend or revoke any certification for cause at its sole discretion, including but not limited to:

• Fraud, dishonesty, or material misrepresentation in the application or evaluation process;
• Violation of NAGA's published standards of practice, code of ethics, or certification requirements;
• Conduct that is detrimental to the reputation, mission, or integrity of NAGA or the goose dog industry;
• Failure to maintain required standards during the certification period;
• Animal cruelty, neglect, or any violation of applicable animal welfare laws;
• Non-payment of fees or outstanding financial obligations to NAGA;
• Violation of these Terms or any other NAGA policy;
• Conviction of a crime that relates to the individual's fitness to serve as a goose dog handler.

Before revocation, NAGA will provide the certification holder with written notice specifying the grounds for revocation and a reasonable opportunity to respond, except in cases involving fraud, imminent harm to animals, or threats to public safety. Revocation decisions may be appealed in writing to NAGA within thirty (30) days of the revocation notice. NAGA's decision on appeal shall be final and binding.

Effect of Expiration or Revocation

Upon expiration, suspension, or revocation of certification, the individual or entity must:

• Immediately cease all use of NAGA Certification Marks, seals, badges, and any other NAGA-associated designations;
• Remove all references to NAGA certification from websites, marketing materials, social media profiles, business cards, vehicle signage, and any other materials;
• Acknowledge that their Directory listing will be promptly removed by NAGA;
• Return or destroy any physical certificates, decals, or branded materials provided by NAGA, upon request.

Certification fees are non-refundable upon revocation for cause. Continued use of NAGA Certification Marks or false representation of certification status after expiration or revocation constitutes a material breach of these Terms and may result in legal action.

Payment, Billing, and Refund Terms

Fees and Payment

All fees for NAGA Services are stated in United States Dollars (USD) and are due at the time of application or renewal unless otherwise specified. You are responsible for all applicable taxes, duties, and governmental charges associated with your purchase of Services. NAGA reserves the right to change its fee schedule at any time. Fee changes will not affect applications already in process. NAGA will provide at least thirty (30) days' notice of fee changes for renewal applicants.

Payment Processing

Payments are processed through third-party payment processors. By submitting payment information, you authorize NAGA and its designated payment processors to charge the applicable fees to your selected payment method. NAGA does not store complete credit card numbers, CVV codes, or other sensitive payment credentials on its servers. Your use of any third-party payment processor is subject to that processor's own terms of service and privacy policy.

Refund Policy

• Before evaluation begins: Application fees may be refunded minus a fifty-dollar ($50.00) administrative processing fee if you withdraw your application in writing before the evaluation process has commenced.
• After evaluation begins: Fees are non-refundable once the evaluation process has commenced, regardless of the outcome of the evaluation.
• Renewal fees: Renewal fees are non-refundable once paid.
• Certification denial: Denial of certification does not entitle the applicant to a refund of evaluation or application fees. The fee covers the cost of the evaluation process, not the guarantee of certification.

Chargebacks and Billing Disputes

You agree to contact NAGA directly at info@nagoosedog.com to resolve any billing disputes before initiating a chargeback, payment reversal, or dispute with your bank, credit card company, or payment provider. Initiating a chargeback without first attempting to resolve the dispute directly with NAGA may result in immediate suspension of your account and certification, and you may be held responsible for any fees, costs, or penalties incurred by NAGA as a result of the chargeback process.

Late Payments and Outstanding Balances

If any payment is past due, NAGA reserves the right to suspend your account, certification, and Directory listing until all outstanding balances are resolved. Accounts with balances outstanding for more than sixty (60) days may be subject to certification revocation and referral to a collections agency, with all associated collection costs charged to the account holder.

Intellectual Property Rights

NAGA's Intellectual Property

The Site and its entire contents, features, and functionality -- including but not limited to all information, text, graphics, images, photographs, video, audio, design, page layout, logos, trademarks, certification marks, trade dress, and software -- are owned by NAGA, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The NAGA name, NAGA logo, NAGA certification seals and badges, and all related names, logos, product and service names, designs, and slogans are trademarks or service marks of NAGA. You may not use such marks without the prior written permission of NAGA, except as expressly permitted for current certification holders under NAGA's published brand guidelines.

Limited License to Users

Subject to your compliance with these Terms, NAGA grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal and professional purposes. This license does not include any right to:

• Reproduce, distribute, publicly display, or publicly perform any Content, except as expressly permitted;
• Modify, adapt, translate, or create derivative works based on any Content;
• Use any data mining, robots, spiders, scrapers, or similar automated data gathering or extraction methods;
• Download, copy, or store any Content for commercial use without NAGA's prior written permission;
• Remove, alter, or obscure any copyright, trademark, or other proprietary notices on any Content;
• Frame, mirror, or otherwise incorporate any portion of the Site into any other website or application.

Certification Marks Usage

Certified Handlers and owners of Certified Dogs may display applicable NAGA Certification Marks subject to the following conditions:

• Display is permitted only during the period of active, current certification;
• All use must be in strict accordance with NAGA's published brand guidelines, as may be updated from time to time;
• The marks must be used in a manner that accurately and truthfully represents the holder's current certification status;
• All use must cease immediately upon expiration, suspension, lapse, or revocation of certification;
• NAGA reserves the right to revoke permission to use Certification Marks at any time, for any reason.

Unauthorized use of NAGA Certification Marks constitutes a material violation of these Terms and may constitute trademark infringement, unfair competition, or fraud under applicable law.

User Content License

By submitting User Content to the Site, you grant NAGA a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, distribute, display, and create derivative works from such User Content in connection with the Services, NAGA's business operations, and NAGA's promotional and marketing activities, in any media format and through any media channel now known or hereafter developed.

You retain ownership of your User Content. However, you represent and warrant that you own or have the necessary rights, licenses, and permissions to submit User Content, and that such User Content does not infringe, misappropriate, or violate the rights of any third party, including intellectual property rights, privacy rights, and publicity rights.

Acceptable Use and User Conduct

You agree not to use the Site or Services in any manner that violates these Terms, applicable law, or the rights of others. Without limiting the foregoing, you agree not to:

• Violate any applicable federal, state, local, or international law, regulation, or ordinance;
• Misrepresent your certification status, qualifications, credentials, or affiliation with NAGA;
• Submit false, inaccurate, misleading, or incomplete information in any application, profile, listing, or other communication;
• Impersonate or attempt to impersonate NAGA, a NAGA employee or representative, another user, or any other person or entity;
• Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Site, or that may harm NAGA or users of the Site;
• Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site;
• Use any robot, spider, crawler, scraper, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any Content;
• Introduce any viruses, trojan horses, worms, logic bombs, ransomware, or other malicious or technologically harmful material;
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is hosted, or any server, computer, or database connected to the Site;
• Use NAGA Certification Marks, logos, or branding without proper authorization as described in Section 6;
• Post or transmit fake reviews, testimonials, or endorsements, in violation of the FTC's guidelines on endorsements and testimonials;
• Solicit other users for commercial purposes unrelated to NAGA Services;
• Harvest, collect, or compile email addresses or other contact information of other users from the Site;
• Engage in animal cruelty, neglect, or any practice that violates applicable animal welfare laws in connection with NAGA Services.

Additional Obligations for Certified Professionals

In addition to the general conduct requirements above, NAGA-certified handlers and providers must:

• Maintain ethical and humane standards in all animal handling and goose management activities;
• Maintain accurate and current information in their Directory listing at all times;
• Promptly report to NAGA any material change in business status, including changes in business ownership, insurance coverage, licensing status, or legal proceedings that may affect certification eligibility;
• Cooperate fully and in good faith with any NAGA investigation into complaints, ethical violations, or potential standards violations.

NAGA reserves the right to take any action it deems necessary and appropriate in response to violations of this Section, including but not limited to removal of User Content, suspension or termination of accounts, revocation of certification, and referral to law enforcement authorities.

Disclaimers and Warranty Limitations

NAGA does not provide legal, veterinary, or professional advice through the Site. Any informational or educational content provided on the Site is for general informational purposes only and should not be relied upon as a substitute for professional advice. Any reliance on information or Content obtained through the Site is at your own risk.

Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. In such jurisdictions, NAGA's liability is limited to the fullest extent permitted by applicable law.

Limitation of Liability

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations or exclusions may not apply to you. In such jurisdictions, NAGA's liability shall be limited to the fullest extent permitted by applicable law.

Indemnification

You agree to indemnify, defend, and hold harmless NAGA, its officers, directors, employees, agents, affiliates, licensors, service providers, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorney's fees, expert fees, and court costs) arising from or related to:

• Your access to or use of the Site or Services;
• Your violation of these Terms or any policy or guideline referenced herein;
• Your violation of any applicable law, regulation, or ordinance;
• Your violation of any third-party right, including any intellectual property right, privacy right, publicity right, or proprietary right;
• Any User Content you submit, post, upload, or transmit through the Site;
• Your misrepresentation of certification status or unauthorized use of NAGA Certification Marks;
• Any claim arising from goose management, animal handling, or other professional services you provide, whether or not you hold NAGA certification;
• Any dispute between you and a third party, including clients, property owners, or other service providers, arising from or related to the Directory or your Directory listing;
• Your negligence, willful misconduct, or breach of any representation or warranty made under these Terms.

NAGA reserves the right, at your sole expense, to assume the exclusive defense and control of any matter for which you are required to provide indemnification under this Section, and you agree to cooperate fully with NAGA's defense of any such claims. You agree not to settle any matter subject to indemnification under this Section without the prior written consent of NAGA. NAGA will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Dispute Resolution and Arbitration

Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first contact NAGA at info@nagoosedog.com and attempt to resolve the dispute informally for a period of at least thirty (30) days. Most disputes can be resolved through good-faith informal negotiation, and both parties agree to make reasonable efforts to do so before escalating the matter.

Binding Arbitration

Arbitration shall be administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall take place in the State of Delaware, or at a location mutually agreed upon by the parties, or by telephone, video conference, or other remote means as permitted by the AAA rules. The arbitrator shall be a single neutral arbitrator selected in accordance with the AAA rules. The arbitrator's decision shall be final and binding, and judgment on the arbitration award may be entered in any court of competent jurisdiction.

Each party shall bear its own costs and expenses in connection with the arbitration, including attorney's fees, unless the arbitrator determines that the applicable law requires a different allocation. Arbitration filing fees and AAA administrative fees shall be allocated in accordance with AAA rules, subject to applicable law.

Class Action Waiver

Small Claims Court Exception

Notwithstanding the foregoing arbitration provision, either party may bring an individual action in small claims court for disputes and claims within the jurisdictional limits of such court. If the claim is transferred, removed, or appealed to a different court, the arbitration agreement shall apply.

Opt-Out of Arbitration

You have the right to opt out of the binding arbitration provision of this Section by sending written notice of your decision to opt out to NAGA at info@nagoosedog.com within thirty (30) days of first accepting these Terms. Your written notice must include your full legal name, mailing address, account username (if applicable), and a clear, unambiguous statement that you wish to opt out of the arbitration provision of these Terms and Conditions. If you opt out of the arbitration provision, the remainder of these Terms shall continue to apply to you in full.

Exceptions

Nothing in this Section shall prevent either party from seeking injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or to prevent irreparable harm. Additionally, this arbitration provision does not apply to claims arising from sexual assault or sexual harassment, as provided under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021.

Governing Law and Jurisdiction

These Terms, and any dispute arising out of or relating to these Terms, the Site, or the Services, shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions or principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

For any disputes not subject to the arbitration provision in Section 11, you agree that any legal action or proceeding shall be brought exclusively in the federal or state courts located in New Castle County, Delaware. You irrevocably consent to the personal jurisdiction of such courts and waive any objection to the laying of venue in such courts, including any objection based on inconvenient forum.

Nothing in this Section shall limit NAGA's right to bring enforcement proceedings in any jurisdiction where an infringement of NAGA's intellectual property rights or a violation of these Terms may be occurring.

Termination

Termination by NAGA

NAGA may terminate or suspend your access to the Site and Services immediately, without prior notice or liability, for any reason, including without limitation if you breach any provision of these Terms. NAGA may also terminate accounts that have been inactive for an extended period, as determined by NAGA in its sole discretion, after providing reasonable notice to the registered email address on file.

Termination by You

You may terminate your account at any time by contacting NAGA at info@nagoosedog.com with a written request to close your account. Please note that account termination is a separate action from cancellation or non-renewal of a certification; see Section 4 for certification-specific provisions.

Effect of Termination

Upon termination of your account, whether by you or by NAGA:

• Your right to access and use the Site and all Services shall cease immediately;
• You must immediately cease all use of NAGA Certification Marks, if applicable;
• Your Directory listing will be removed, if applicable;
• Any licenses granted to you under these Terms shall terminate;
• NAGA may, but is not obligated to, delete your account data and User Content, subject to our data retention obligations under applicable law and our Privacy Policy;
• NAGA may retain your information as necessary to comply with legal obligations, resolve disputes, enforce agreements, and for legitimate business purposes, as described in our Privacy Policy.

Survival

The following Sections shall survive termination of these Terms or your account: Section 2 (Definitions), Section 6 (Intellectual Property Rights), Section 8 (Disclaimers), Section 9 (Limitation of Liability), Section 10 (Indemnification), Section 11 (Dispute Resolution), Section 12 (Governing Law), Section 22 (Entire Agreement), Section 23 (Waiver), and any other provisions that by their nature should reasonably survive termination.

No refund of fees will be provided upon termination, except as expressly stated in Section 5 (Payment, Billing, and Refund Terms).

Modifications to Terms

NAGA reserves the right to modify, amend, or replace these Terms at any time at its sole discretion. If a revision is material, NAGA will provide at least thirty (30) days' notice before the new terms take effect by one or more of the following methods:

• Posting the updated Terms on the Site with a revised "Last Updated" date;
• Sending an email notification to registered users at the email address associated with their account;
• Displaying a prominent notice or banner on the Site.

What constitutes a "material" change will be determined at NAGA's sole discretion, but may include changes to dispute resolution procedures, limitation of liability provisions, fee structures, or certification requirements.

Your continued use of the Site after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Site and may terminate your account in accordance with Section 13.

NAGA may require registered users to affirmatively re-accept updated Terms upon their next login following a material change. Failure to accept updated Terms may result in restricted access to the Site and Services until acceptance is provided.

It is your responsibility to review these Terms periodically for changes. Changes to these Terms will not be applied retroactively to disputes or events that occurred before the effective date of the revised Terms.

Privacy Policy Reference

Your use of the Site is also governed by NAGA's Privacy Policy, which is incorporated into these Terms by reference. The Privacy Policy describes NAGA's practices regarding the collection, use, storage, sharing, and protection of your personal information.

By using the Site, creating an account, or submitting information through the Site, you consent to the data practices described in the Privacy Policy. You acknowledge that NAGA may collect, process, and use your personal information as set forth in the Privacy Policy, including but not limited to information provided during account registration, certification applications, Directory listings, and general use of the Site.

You are encouraged to review the Privacy Policy carefully and periodically. If you do not agree with the terms of the Privacy Policy, you should discontinue use of the Site. In the event of a conflict between these Terms and the Privacy Policy with respect to privacy and data handling matters, the Privacy Policy shall control.

NAGA's Privacy Policy is available on the Site and may be updated from time to time. Material changes to the Privacy Policy will be communicated in accordance with the procedures described in Section 14 of these Terms.

Third-Party Links and Services

The Site may contain links, references, or integrations to third-party websites, applications, services, or resources that are not owned, operated, or controlled by NAGA, including but not limited to payment processors, social media platforms, mapping services, and websites of certified providers listed in the Directory. These links are provided solely for your convenience and information.

NAGA has no control over, and assumes no responsibility for, the content, products, services, privacy policies, practices, availability, or performance of any third-party websites or services. The inclusion of any link on the Site does not imply endorsement, sponsorship, or recommendation by NAGA of the linked site, its operator, or its contents.

You acknowledge and agree that NAGA shall not be responsible or liable, directly or indirectly, for any damage, loss, claim, or injury caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party websites or services.

Directory listings may link to certified providers' own websites, social media profiles, or other online presences. NAGA makes no representations or warranties regarding the content, accuracy, or security of such external sites. You access third-party websites and services entirely at your own risk, and you should review the terms and conditions, privacy policies, and other governing documents of any third-party website or service before providing personal information or engaging in any transaction.

DMCA and Copyright Infringement

NAGA respects the intellectual property rights of others and expects all users of the Site to do the same. In accordance with the Digital Millennium Copyright Act of 1998 ("DMCA"), codified at 17 U.S.C. § 512, NAGA will respond expeditiously to claims of copyright infringement committed through the Site that are reported to NAGA's designated Copyright Agent.

Filing a DMCA Notice

If you believe that content available on or through the Site infringes your copyright, you may submit a written notification to NAGA's designated Copyright Agent containing the following information:

1. A physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner's behalf;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works;
3. 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, along with information reasonably sufficient to permit NAGA to locate the material on the Site;
4. Your contact information, including your name, address, telephone number, and email address;
5. A statement that you have 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;
6. A statement, made under penalty of perjury, that the information in the notification is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Counter-Notification

If you believe that material you posted on the Site was removed or access to it was disabled by mistake or misidentification, you may submit a counter-notification to NAGA's Copyright Agent. A proper counter-notification must include a statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification, your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal courts in the State of Delaware and that you will accept service of process from the person who provided the original DMCA notice.

Designated Copyright Agent

North American Goose Dog Association
Attn: Copyright Agent
Email: info@nagoosedog.com

Repeat Infringer Policy

In accordance with the DMCA and other applicable law, NAGA has adopted a policy of terminating, in appropriate circumstances and at NAGA's sole discretion, the accounts of users who are deemed to be repeat infringers. NAGA may also, at its sole discretion, limit access to the Site or terminate the accounts of any users who infringe the intellectual property rights of others, whether or not there is any repeat infringement.

User-Generated Content

Responsibility for User Content

You are solely responsible for any User Content you submit, post, upload, or display on or through the Site. NAGA does not endorse any User Content and expressly disclaims any and all liability in connection with User Content. NAGA is not responsible for the accuracy, appropriateness, legality, or safety of any User Content.

Content Standards

All User Content must comply with these Terms and all applicable laws and regulations. Without limiting the foregoing, User Content must not:

• Contain any material that is defamatory, libelous, obscene, abusive, threatening, harassing, hateful, or otherwise objectionable;
• Infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other intellectual property or proprietary right of any party;
• Violate the legal rights of others, including rights of privacy and publicity;
• Contain false, misleading, fraudulent, or deceptive statements or representations;
• Promote discrimination, bigotry, racism, hatred, or harm against any individual or group;
• Promote illegal activities or violate any applicable law, regulation, or ordinance;
• Contain unsolicited advertising, promotional materials, spam, chain letters, or any other form of solicitation;
• Contain viruses, malware, or other harmful computer code.

Monitoring, Review, and Removal

NAGA may, but is not obligated to, monitor, screen, review, edit, or remove User Content at any time and for any reason, with or without prior notice. NAGA reserves the right, in its sole discretion, to remove or disable access to any User Content that NAGA considers, in its sole judgment, to be in violation of these Terms, applicable law, or NAGA's policies, or to be otherwise harmful, objectionable, or inaccurate. NAGA's decision not to remove User Content does not constitute endorsement or approval of such content.

Use of User Content

By submitting User Content, you grant NAGA the license described in Section 6 (Intellectual Property Rights). You acknowledge and agree that NAGA may use User Content for promotional, marketing, and operational purposes, including but not limited to featuring certified provider profiles, testimonials, and success stories in NAGA's marketing materials and on the Site.

Directory Listing Terms

Listing Eligibility

Inclusion in the NAGA Certified Provider Directory is a benefit of active, current NAGA certification. Your Directory listing will be created or activated upon successful certification and will be removed upon expiration, lapse, suspension, or revocation of your certification. Only individuals and entities holding active NAGA certification are eligible for Directory inclusion.

Listing Information and Accuracy

You are responsible for providing and maintaining accurate, current, truthful, and complete information in your Directory listing at all times. This includes but is not limited to business name, contact information, service area, business description, and any photographs or media. You must promptly update your listing to reflect any changes in your business information, service offerings, or certification status.

NAGA reserves the right to edit, modify, or reformat listing content for consistency with the Directory's presentation standards, editorial guidelines, and design requirements, without altering the substantive accuracy of your information.

No Guarantee of Results

NAGA makes no guarantee, representation, or warranty regarding:

• The placement, ranking, order, or visibility of your listing within the Directory or in any search results, whether on the Site or on third-party search engines;
• The amount of traffic, impressions, inquiries, leads, or business you will receive as a result of your listing;
• The accuracy, completeness, or quality of other listings in the Directory;
• Any specific search engine optimization (SEO) benefits, rankings, or results;
• The number of visitors to the Directory or the Site generally.

NAGA may feature, highlight, or promote certain listings at its sole discretion, and no provider is entitled to any particular placement or promotional treatment.

Relationship Between Directory Users and Listed Providers

NAGA is not a party to any transaction, agreement, engagement, or communication between Directory users (individuals or entities searching the Directory) and listed providers. Any disputes, agreements, negotiations, or other interactions between Directory users and listed providers are solely between those parties. NAGA shall have no liability arising from any such interactions, including but not limited to disputes over service quality, pricing, scheduling, property damage, animal behavior, or any other matter.

Marketing and Promotion

By maintaining a Directory listing, you consent to NAGA using your listing information, including your business name, service area, and profile photograph, for purposes of promoting the Directory, the NAGA certification program, and NAGA's Services generally. This may include featuring your listing in marketing materials, social media posts, press releases, and advertising campaigns.

Force Majeure

NAGA shall not be liable for any failure or delay in performing any of its obligations under these Terms where such failure or delay results from any cause that is beyond NAGA's reasonable control, including but not limited to the following:

• Natural disasters, including earthquakes, floods, hurricanes, tornadoes, wildfires, and severe weather events;
• Epidemics, pandemics, quarantines, or public health emergencies;
• Acts of war, armed conflict, terrorism, insurrection, civil unrest, or sabotage;
• Government actions, orders, regulations, embargoes, sanctions, or trade restrictions;
• Labor disputes, strikes, lockouts, or work stoppages;
• Utility failures, power outages, internet outages, or telecommunications failures;
• Cyberattacks, distributed denial-of-service (DDoS) attacks, ransomware attacks, data breaches, or other security incidents;
• Failures or disruptions in third-party services, platforms, or infrastructure upon which the Site depends;
• Supply chain disruptions affecting hardware, software, or other resources necessary to operate the Site.

In the event of a force majeure occurrence, NAGA will make reasonable efforts to notify affected users and to mitigate the impact of the event on the Services. NAGA's obligations under these Terms shall be suspended for the duration of the force majeure event. If a force majeure event continues for more than ninety (90) consecutive days, either party may terminate these Terms upon written notice to the other party.

Notwithstanding the foregoing, a force majeure event does not excuse or defer any obligation to make payments that have already become due under these Terms.

Severability

If any provision of these Terms is held to be invalid, illegal, void, or unenforceable by a court of competent jurisdiction or an arbitrator, the remaining provisions of these Terms shall remain in full force and effect and shall not be affected, impaired, or invalidated in any way. The invalid or unenforceable provision shall be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving the original intent of the parties to the maximum extent possible. If such modification is not possible, the provision shall be deemed severed from these Terms, and the validity and enforceability of all remaining provisions shall not be affected.

The parties agree that they would have entered into these Terms and each provision hereof regardless of the invalidity or unenforceability of any particular provision, and the Terms shall be construed in all respects as if such invalid or unenforceable provision were omitted.

Entire Agreement

These Terms and Conditions, together with the Privacy Policy and any other policies, guidelines, standards, or agreements expressly referenced herein and published on the Site, constitute the entire agreement between you and NAGA regarding your access to and use of the Site and Services. This agreement supersedes all prior and contemporaneous agreements, proposals, representations, warranties, understandings, and communications between you and NAGA, whether written or oral, regarding the subject matter hereof.

No oral or written statement, representation, or agreement not expressly set forth in these Terms or in a document signed by an authorized representative of NAGA shall be binding on NAGA or create any obligation on the part of NAGA. In the event of any conflict between these Terms and any other policy or agreement referenced herein, these Terms shall control unless the other document expressly states that it supersedes these Terms with respect to a specific matter.

Nothing in these Terms shall prevent NAGA from entering into separate, supplemental agreements with specific users or certification applicants, provided that any such separate agreement is in writing and signed by an authorized representative of NAGA.

Waiver

The failure of NAGA to exercise or enforce any right, remedy, or provision of these Terms shall not constitute a waiver of such right, remedy, or provision. No waiver by NAGA of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Any waiver of any provision of these Terms shall be effective only if it is in writing and signed by an authorized representative of NAGA.

If NAGA does not enforce a particular provision of these Terms against one user, this does not waive NAGA's right to enforce that same provision against the same user or any other user at a later time. Each right and remedy available to NAGA under these Terms is cumulative and in addition to every other right and remedy available at law, in equity, or under these Terms.

Assignment

You may not assign, delegate, transfer, or sublicense any of your rights or obligations under these Terms without the prior written consent of NAGA. Any attempted assignment, delegation, transfer, or sublicense in violation of this Section shall be null and void and of no force or effect.

NAGA may freely assign, transfer, or delegate its rights and obligations under these Terms, in whole or in part, without restriction and without your consent, including but not limited to assignments in connection with a merger, acquisition, reorganization, sale of substantially all assets, or change of control of NAGA. Upon any such assignment by NAGA, the assignee shall assume all of NAGA's rights and obligations under these Terms.

These Terms shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and permitted assigns.

Contact Information

If you have any questions, concerns, or comments about these Terms and Conditions, the Site, or the Services, please contact us at:

North American Goose Dog Association (NAGA)
Email: info@nagoosedog.com
Website: nagoosedog.com

For copyright infringement notices (DMCA), please direct your correspondence to our designated Copyright Agent using the contact information provided in Section 17.

For billing disputes or payment-related inquiries, please contact us at info@nagoosedog.com with "Billing Inquiry" in the subject line.

For certification-related questions, including questions about your certification status, renewal, or the certification process, please contact us at info@nagoosedog.com with "Certification Inquiry" in the subject line.

NAGA will make reasonable efforts to respond to all inquiries within five (5) business days, though response times may vary depending on the nature and complexity of the inquiry.

Accessibility

NAGA is committed to ensuring that the Site and its Services are accessible to all individuals, including those with disabilities. We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 at the AA level, and we are continuously working to improve the accessibility and usability of our digital properties.

If you experience any difficulty accessing any part of the Site, or if you have suggestions for improving accessibility, please contact us at info@nagoosedog.com with "Accessibility" in the subject line. We welcome your feedback and will make reasonable efforts to address accessibility concerns promptly.

If you require an accommodation or an alternative format of any content on the Site, including these Terms and Conditions, please contact us and we will work with you to provide the information in a format that meets your needs to the extent reasonably practicable.

Electronic Communications Consent

By creating an account, submitting a certification application, or otherwise using the Site and Services, you consent to receive communications from NAGA electronically, including by email and by notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications that NAGA provides to you electronically satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law, including the requirements of the Electronic Signatures in Global and National Commerce Act (E-SIGN Act, 15 U.S.C. § 7001 et seq.).

Electronic communications from NAGA may include, but are not limited to:

• Transactional communications related to your account, certification status, and applications;
• Certification-related notices, including evaluation results, renewal reminders, and status changes;
• Policy updates and changes to these Terms or other NAGA policies;
• Administrative and operational communications regarding the Site and Services;
• Marketing and promotional communications about NAGA programs, events, and partner offers (subject to your ability to opt out of marketing communications).

You may opt out of receiving marketing and promotional communications at any time by following the unsubscribe instructions included in such communications or by contacting NAGA at info@nagoosedog.com. Please note that even if you opt out of marketing communications, NAGA may continue to send you transactional, administrative, and certification-related communications that are necessary for the operation of your account and the Services.

You are responsible for maintaining a valid, current email address in your account settings and for checking your email regularly for communications from NAGA. NAGA shall not be liable for any failure to receive communications due to inaccurate or outdated contact information on your account, spam or junk mail filtering, or other factors outside NAGA's control.

No Agency / Independent Contractor

Nothing in these Terms, and no aspect of the relationship between you and NAGA, shall be construed or deemed to create a joint venture, partnership, employment relationship, franchise relationship, or agency relationship between you and NAGA. Neither party has the authority to bind the other or to incur any obligation or liability on behalf of the other party.

Certified Handlers and certified provider businesses are independent professionals and independent contractors. They are not employees, agents, representatives, partners, joint venturers, or franchisees of NAGA. NAGA does not control, direct, or supervise the day-to-day activities, methods, schedules, or operations of any Certified Handler or certified provider. NAGA certification does not create and shall not be construed as creating a franchisor-franchisee, employer-employee, or principal-agent relationship of any kind.

Certified Handlers and providers are solely responsible for their own business operations, including compliance with all applicable laws, regulations, insurance requirements, tax obligations, and licensing requirements in the jurisdictions where they operate. NAGA is not responsible or liable for any acts, omissions, negligence, or misconduct of any Certified Handler or certified provider, whether or not such acts or omissions occur in connection with services for which the handler or provider holds NAGA certification.

No user of the Site or the Directory should construe the listing of a certified provider in the Directory, or the display of NAGA Certification Marks by a certified handler, as an indication of an agency, employment, or representative relationship between the provider and NAGA.