By using BreedersDirect.com, You are indicating
your acceptance to be bound by the provisions of these Terms
and Conditions. BreedersDirect.com may revise these Terms and
Conditions at any time by updating this Web page. The terms You
and User as used herein refer to all individuals and/or entities
accessing this Web site for any reason.
1. Eligibility
You must be 18 years of age or older to visit
or use BreedersDirect.com in any manner. By visiting BreedersDirect.com
or accepting these Terms and Conditions, You represent and warrant
to the Company that You are 18 years of age or older, and that
You have the right, authority and capacity to agree to and abide
by these Terms and Conditions. You also represent and warrant
to the Company that You will use BreedersDirect.com in a manner
consistent with any and all applicable laws and regulations.
2. Use of BreedersDirect.com Content
The Company authorizes You to view and access
a single copy of the content available on or from BreedersDirect.com
solely for your personal use. The contents of BreedersDirect.com,
and of all other Web sites under the Company’s control, whether
partial or otherwise (BreedersDirect.com and such other websites
are sometimes collectively referred to as BreedersDirect.com
Sites) such as text, graphics, images, logos, button icons, software
and other BreedersDirect.com Content (collectively, BreedersDirect.com
Content), are protected under both United States and foreign
copyright, trademark and other laws. All BreedersDirect.com Content
is the property of the Company or its content suppliers or clients.
The compilation (meaning the collection, arrangement and assembly)
of the content on the BreedersDirect.com Sites are the exclusive
property of the Company and protected by U.S. and international
copyright laws. Unauthorized use of the BreedersDirect.com Content
may violate copyright, trademark, and other laws. You must retain
all copyright, trademark, service mark and other proprietary
notices contained in the original BreedersDirect.com Content
on any copy You make of the BreedersDirect.com Content. You may
not sell or modify the BreedersDirect.com Content or reproduce,
display, publicly perform, distribute, or otherwise use the BreedersDirect.com
Content in any way for any public or commercial purpose. The
use of the BreedersDirect.com Content on any other web site or
in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates
to generate any BreedersDirect.com Content or the pages making
up any BreedersDirect.com Site which is also protected by the
Company’s copyright.
3. BreedersDirect.com Site Restrictions
Users may not use any BreedersDirect.com
Site in order to transmit, distribute, store or destroy material,
including without limitation BreedersDirect.com Content, (a)
in violation of any applicable law or regulation, (b) in a manner
that will infringe the copyright, trademark, trade secret or
other intellectual property rights of others or violate the privacy,
publicity or other personal rights of others, or (c) that is
defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating
or attempting to violate the security of any BreedersDirect.com
Site, including, without limitation the following activities:
(a) accessing data not intended for such user or logging into
a server or account which the user is not authorized to access;
(b) attempting to probe, scan or test the vulnerability of a
system or network or to breach security or authentication measures
without proper authorization; (c) attempting to interfere with
service to any user, host or network, including, without limitation,
via means of submitting a virus to any BreedersDirect.com Site,
overloading, flooding, spamming, mail-bombing or crashing; or
(d) forging any TCP/IP packet header or any part of the header
information in any e-mail or newsgroup posting. Violations of
system or network security may result in civil or criminal liability.
The Company will investigate occurrences that may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting users who are involved in such violations.
4. Specific Prohibited Uses
The pet-posting features of BreedersDirect.com
may be used only for lawful purposes by customers seeking pets
and breeders seeking to sell and market their pets.
The Company specifically prohibits any other
use of BreedersDirect.com, and all Users agree not to do any
of the following: (a) post any dogs on any BreedersDirect.com
Site for any competitor of BreedersDirect.com or posting dogs
or other content that contains links to any site competitive
with BreedersDirect.com; (b) post dogs or content on any BreedersDirect.com
Site that contain any hyperlinks, hidden keywords or any keywords
that are irrelevant to the dog or are otherwise misleading contained
in a dog posting are prohibited; post dogs for modeling or talent
or talent scouting positions; (c) post or submit to any BreedersDirect.com
Site any incomplete, false or inaccurate information or information
which is not correct; (d) send unsolicited mail or e-mail, making
unsolicited phone calls or send unsolicited faxes regarding promotions
and/or advertising of products or services to a user of any BreedersDirect.com
Site; (d) delete or revise any material posted by any other person
or entity; (f) take any action that imposes an unreasonable or
disproportionately large load on any BreedersDirect.com Sites
infrastructure; (g) notwithstanding anything to the contrary
contained herein, use or attempt to use any engine, software,
tool, agent or other device or mechanism (including without limitation
browsers, spiders, robots, avatars or intelligent agents) to
navigate or search any BreedersDirect.com Site other than the
search available from the Company on such BreedersDirect.com
Site and other than generally available third party web browsers
(e.g., Netscape Navigator, Microsoft Explorer); (h) attempt to
decipher, decompile, disassemble or reverse engineer any of the
software comprising or in any way making up a part of any BreedersDirect.com
Site; (i) aggregate, copy or duplicate in any manner any of the
BreedersDirect.com Content or information available from any
BreedersDirect.com Site; or (j) frame or link to any of BreedersDirect.com
Content or information available from any BreedersDirect.com
Site.
5. Registration Information
When You register with any BreedersDirect.com
Site, You will be asked to provide the Company with certain information
including, without limitation, a valid email address (your Information).
In addition to the Terms and Conditions and any privacy policy
applicable to any BreedersDirect.com Web Site, You understand
and agree that the Company may disclose to third parties, on
an anonymous basis, certain aggregate information contained in
your registration application. The Company will not disclose
to any third party your name, address, e-mail address or telephone
number without your prior consent, except to the extent necessary
or appropriate to comply with applicable laws or in legal proceedings
where such information is relevant.
The Company reserves the right to offer third
party services and products to You based on the preferences that
You identify in your registration and at any time thereafter;
such offers may be made by the Company or by third parties. Please
see the Company’s Privacy Statement for further details regarding
your Information.
Without limiting any of the other disclaimers
of warranty set forth in these Terms and Conditions, BreedersDirect.com
does not provide or make any representation as to the quality
or nature of any of the third party products or services purchased
through the BreedersDirect.com or any other BreedersDirect.com
Site, or any other representation, warranty or guaranty. Any
such undertaking, representation, warranty or guaranty would
be furnished solely by the provider of the applicable class,
or learning material, product or service, under the terms agreed
to by the provider.
6. Registration and Password
You are responsible for maintaining the confidentiality
of your BreedersDirect.com Account. You shall be responsible
for all uses of your Web Site registrations and passwords, whether
or not authorized by You. You agree to immediately notify the
Company of any unauthorized use of your BreedersDirect.com Account
passwords.
7. The Company’s Liability.
The BreedersDirect.com Sites and the BreedersDirect.com
Content may contain inaccuracies or typographical errors. The
Company makes no representations about the accuracy, reliability,
completeness, or timeliness of any BreedersDirect.com Site or
the BreedersDirect.com Content. Changes are periodically made
to BreedersDirect.com Sites and may be made at any time.
8. Disclaimer of Warranty
THE COMPANY DOES NOT WARRANT THAT ANY BREEDERSDIRECT.COM
SITE WILL OPERATE ERROR-FREE OR THAT ANY BREEDERSDIRECT.COM SITE
AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL
MECHANISMS. IF YOUR USE OF ANY BREEDERSDIRECT.COM SITE OR THE
BREEDERSDIRECT.COM CONTENT RESULTS IN THE NEED FOR SERVICING
OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE
FOR THOSE COSTS. THE BREEDERSDIRECT.COM SITES AND BREEDERSDIRECT.COM
CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES
OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY
LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING
THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE
ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE BREEDERSDIRECT.COM
CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
9. Disclaimer of Consequential Damages
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS,
OR ANY THIRD PARTIES MENTIONED ON ANY BREEDERSDIRECT.COM SITE
BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION,
INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES
RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING
FROM THE USE OR INABILITY TO USE ANY BREEDERSDIRECT.COM SITE
AND THE BREEDERSDIRECT.COM CONTENT, WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT
THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability.
BREEDERSDIRECT.COMS MAXIMUM LIABILITY ARISING
OUT OF OR IN CONNECTION WITH ANY BREEDERSDIRECT.COM SITE OR YOUR
USE OF THE BREEDERSDIRECT.COM CONTENT, REGARDLESS OF THE CAUSE
OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE),
WILL NOT EXCEED $25.
11. Links to Other Sites
BreedersDirect.com and certain other BreedersDirect.com
Sites contain links to third party web sites. These links are
provided solely as a convenience to You and not as an endorsement
by the Company of the contents on such third-party Web sites.
The Company is not responsible for the content of linked third-party
sites and does not make any representations regarding the content
or accuracy of materials on such third party Web sites. If You
decide to access linked third-party Web sites, You do so at your
own risk.
12. No Resale or Unauthorized Commercial Use
You agree not to resell or assign your rights
or obligations under these Terms and Conditions. You also agree
not to make any unauthorized commercial use of any BreedersDirect.com
Site.
13. Indemnity
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, and their respective officers,
directors, employees and agents, from and against any claims,
actions or demands, including without limitation reasonable legal
and accounting fees, alleging or resulting from (i) any User
Content or other material You provide to any BreedersDirect.com
Site, (ii) your use of any BreedersDirect.com Content, or (iii)
your breach of the terms of these Terms and Conditions. The Company
shall provide notice to You promptly of any such claim, suit,
or proceeding.
14. General
The Company makes no claims that the BreedersDirect.com
Content may be lawfully viewed or accessed outside of the United
States. Access to the BreedersDirect.com Content may not be legal
by certain persons or in certain countries. If You access a BreedersDirect.com
or other US-based BreedersDirect.com Sites from outside of the
United States, You do so at your own risk and are responsible
for compliance with the laws of your jurisdiction. These Terms
and Conditions are governed by the internal substantive laws
of the Commonwealth of Florida, without respect to its conflict
of laws principles. Jurisdiction for any claims arising under
this agreement shall lie exclusively with the state or federal
courts within Broward County, Florida. If any provision of these
Terms and Conditions are found to be invalid by any court having
competent jurisdiction, the invalidity of such provision shall
not affect the validity of the remaining provisions of these
Terms and Conditions, which shall remain in full force and effect.
No waiver of any term of these Terms and Conditions shall be
deemed a further or continuing waiver of such term or any other
term. Except as expressly provided in an additional agreement,
additional Terms and Conditions for areas of BreedersDirect.com,
a particular Legal Notice, or Software License or material on
particular Web pages, these Terms and Conditions constitute the
entire agreement between You and the Company with respect to
the use of BreedersDirect.com. No changes to these Terms and
Conditions shall be made except by a revised posting on this
page.
15. Additional Terms and Conditions
Certain areas of BreedersDirect.com and the
other BreedersDirect.com Sites are subject to additional Terms
and Conditions. By using such areas, or any part thereof, You
agree to be bound by the additional Terms and Conditions applicable
to such areas.
16. Term and Termination
These Terms and Conditions will remain in
full force and effect while You are a User of BreedersDirect.com
at any level. The Company reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited
to deletion of your User Content from BreedersDirect.com and
the other BreedersDirect.com Sites and immediate termination
of your registration with or ability to access BreedersDirect.com
and the other BreedersDirect.com Sites and/or any other services
provided to You by the Company, upon any breach by You of these
Terms and Conditions or if the Company is unable to verify or
authenticate any information You submit to BreedersDirect.com
or other BreedersDirect.com Site registration.
