![]() |
||||||||
| 1. General COUNTRY KENNEL reserves the right to change the Site Agreement at any time at its sole discretion. The most current version of the Site Agreement can be reviewed by clicking on the "Terms of Use" hypertext link located at the bottom of the page. You should check the Site from time to time to review the then current Site Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Site Agreement 2. Privacy COUNTRY KENNEL respects the privacy of its users. You may review the Privacy Policy for details on COUNTRY KENNEL'S information collection, use, and disclosure practices 3. Obligations You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from COUNTRY KENNEL. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Site Agreement. Use of the Site is for your personal and non-commercial use, and COUNTRY KENNEL does not grant you any express or implied rights to access or use the Site for any other purpose. 4. No Professional Advice The Site is offered as a service to pet owners. Any health-related information supplied through the Site or by any employee or agent of COUNTRY KENNEL, whether by telephone, e-mail, letter, facsimile, or other form of communication, is not intended to be a substitute for professional medical advice, diagnosis or treatment, and it is important that you not make medical decisions without first consulting a licensed veterinarian. You should never disregard professional medical advice or delay in seeking such advice because of something you have read on the Site. IF YOU HAVE A MEDICAL EMERGENCY OR NEED IMMEDIATE MEDICAL TREATMENT FOR YOUR PET, PLEASE CONSULT AN ANIMAL HOSPITAL OR EMERGENCY VETERINARY FACILITY. 5. Pet Health-related Information Pet health-related information posted on the Site, including vaccination and prescription medicine history, comes from veterinarians and other sources. COUNTRY KENNEL does not warrant, verify, or guarantee the accuracy, completeness, or adequacy of this pet health- related information. You should not act or fail to act based upon the information provided on the Site without first seeking the services of a licensed veterinarian 6. Copyrights All copyright rights in the text, images, photographs, graphics, user interface, and other content provided on the Site, and the selection, coordination, and arrangement of such content ("Content"), are owned by COUNTRY KENNEL or its third-party licensor's to the full extent provided under the United States Copyright Act and all international copyright laws. Except as otherwise indicated, you are authorized to make use of the Content for educational and non-commercial purposes only, provided that you maintain all copyright and other notices posted along with the Content. Any reproduction, copying, or redistribution of the Content for commercial purposes is strictly prohibited without COUNTRY KENNEL'S prior written consent. Requests for permission to reproduce any Content must be made in writing to: COUNTRY KENNEL 2750 EGG HARBOR RD LINDENWOLD, NJ 08021 WEBMASTER@COUNTRYKENNELNEWJERSEY.COM 7. Trade and Service Mark Rights All rights in the product names, company names, trade names, logos, product packaging, and designs of all COUNTRY KENNEL or third- party products or services, whether or not appearing in large print or with the trademark symbol, belong exclusively to COUNTRY KENNEL or their respective owners and are protected from reproduction, imitation, dilution, or confusing or misleading uses under national and international trademark and copyright laws. The use or misuse of these trademarks or any materials, except as permitted herein, is expressly prohibited, and nothing stated or implied on the Site confers on you any license or right under any patent or trademark of COUNTRY KENNEL or any third party. 8. Visitor Material Other than personal information, which is covered under the COUNTRY KENNEL Privacy Policy, any information you transmit or post to the Site shall be considered non-confidential and non-proprietary. COUNTRY KENNEL does not claim ownership of any information or material you transmit, distribute, post, communicate or store on, to or through the Site. However, by submitting or posting information on, to, or through the Site, COUNTRY KENNEL shall be free to copy, disclose, distribute, incorporate, and otherwise use such information and all data, images, sounds, text and other materials embodied therein for any and all commercial or non-commercial purposes. No compensation will be paid with respect to the use of this information. You agree not to transmit, distribute, post, communicate or store information or other material on, to or through the Site that: is copyrighted, unless you are the copyright owner; infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; is obscene, defamatory, threatening, harassing, abusive, hateful, slanderous or embarrassing to any other person or entity as determined by COUNTRY KENNEL in its sole discretion; constitutes advertisements or solicitations of business, surveys, contests, chain letters or pyramid schemes; or contains viruses, Trojan horses, worms, time bombs, or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. 9. Prohibited Uses Generally Without limiting the foregoing, you agree not to: use any incomplete, false or inaccurate biographical information or other information for purposes of registering for any promotions offered through the Site; delete or revise any material or other information of any other user or COUNTRY KENNEL harvest or otherwise collect information about others, including e-mail addresses, without their consent; take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure; use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site; use or attempt to use any engine, software, tool, agent or other device or mechanism (including, without limitation, browsers, spiders, robots, avatar’s or intelligent agents) to navigate or search the Site other than the search engine and search agents available from COUNTRY KENNEL on the Site and other than generally available third-party web browsers (e.g., Netscape Navigator and Microsoft Internet Explorer); or attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site. You further agree not to violate or attempt to violate the security of the Site, including, without limitation: accessing data not intended for you or logging into a server or account that you are not authorized to access; attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or attempting to interfere with service to any user, host, or network. Violations of system or network security may result in civil or criminal liability. COUNTRY KENNEL will investigate and work with law enforcement authorities to prosecute users who are involved in such violations. In accordance with our Privacy Policy, COUNTRY KENNEL reserves the right to disclose any information necessary in order to investigate, prevent, or take action regarding illegal activities and to exercise our legal rights under the Site Agreement. 10. Third-Party Content and Links to Third-Party Web Sites The Site may contain third-party owned content and links to other websites ("Linked Sites"). COUNTRY KENNEL does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites are not under the control of COUNTRY KENNEL, and COUNTRY KENNEL is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. COUNTRY KENNEL is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by COUNTRY KENNEL in favor of any third party. 11. Notice of Copyright Infringement THIRD PARTY LOGOS HAVE BEEN COPIED AND ARE BEING USED AS LINKS TO THEIR RESPECTIVE SITES If you believe that your work has been copied and is accessible on the Site in a way that constitutes copyright infringement and do not wish to be affiliated with COUNTRY KENNEL, please provide COUNTRY KENNEL’s Copyright Agent with the following information: identification of the copyrighted work claimed to have been infringed; identification of the allegedly infringing material on the Site that is requested to be removed; your name, address, and daytime telephone number, and an e-mail address if available, so that COUNTRY KENNEL may contact you if necessary; a statement that you have a good faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent, or the law; a statement that the information in the notification is accurate and, under penalty of perjury, that the signatory is authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed; and an electronic or physical signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement. COUNTRY KENNEL’s Copyright Agent for notice of claims of copyright infringement on the Site is SHANNA DUGAN who can be reached as follows: WEBMASTER@COUNTRYKENNELNEWJERSEY.COM SHANNA DUGAN WEBMASTER COUNTRY KENNEL 2750 EGG HARBOR RD LINDENWOLD, NJ 08021 COUNTRY KENNEL will remove any content that infringes upon the copyright of any person under the laws of the United States upon receipt of such a statement (or, more specifically, any statement in conformance with 17 U.S.C. § 512(c)(3)). United States law provides significant penalties for submitting such a statement falsely. 12. Disclaimer of Warranties WHILE COUNTRY KENNEL TAKES REASONABLE STEPS TO ENSURE THAT THE INFORMATION ON THE SITE IS CORRECT, COUNTRY KENNEL DOES NOT WARRANT THE ACCURACY AND COMPLETENESS OF ANY INFORMATION AVAILABLE THROUGH THE SITE. COUNTRY KENNEL MAY MAKE CHANGES TO THE INFORMATION CONTAINED ON THE SITE, OR TO THE PRODUCTS AND PRICES DESCRIBED ON THE SITE, AT ANY TIME WITHOUT NOTICE. THE INFORMATION ON THE SITE MAY BE OUT OF DATE, AND COUNTRY KENNEL MAKES NO COMMITMENT TO UPDATE SUCH INFORMATION. THE SITE IS PROVIDED "AS IS." COUNTRY KENNEL MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. COUNTRY KENNEL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COUNTRY KENNEL DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY COUNTRY KENNEL, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY COUNTRY KENNEL OR ANY THIRD PARTY. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. COUNTRY KENNEL MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND COUNTRY KENNEL DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES. ANY AND ALL PRICING, DELIVERY, OR CONTRACT INFORMATION IS SUBJECT TO FINAL CONFIRMATION BY COUNTRY KENNEL. YOUR RELIANCE ON SUCH INFORMATION PROVIDED SOLELY THROUGH THE SITE IS AT YOUR OWN RISK. 13. Limitation of Liability IN NO EVENT WILL COUNTRY KENNEL OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if COUNTRY KENNEL has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, COUNTRY KENNEL’s liability in such jurisdictions shall be limited to the extent permitted by law. 14. Indemnification YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COUNTRY KENNEL AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE SITE AGREEMENT. 15. Choice of Law and Forum The Site Agreement is subject to the laws of the State of New Jersey. If there is any dispute between us concerning the Site Agreement or your access to or use of the Site, we both agree to submit the dispute to non-binding mediation, followed by binding arbitration. Both the mediation and the arbitration will be governed under the rules of the American Arbitration Association, and the venue for the arbitration will be New Jersey. 16. Termination COUNTRY KENNEL reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. Sections 6, 7, 12, 13, and 14 of the Site Agreement shall survive termination. 17. No Waiver The failure of COUNTRY KENNEL to enforce any provisions of the Site Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Site Agreement or to act with respect to similar breaches. 18. Miscellaneous You agree that no joint venture, partnership, employment, or agency relationship exists between you and COUNTRY KENNEL as a result of the Site Agreement or your access to and use of the Site. A printed version of the Site Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to the Site Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Unless otherwise specified herein, the Site Agreement constitutes the entire agreement between you and COUNTRY KENNEL and governs your use of the Site. If any portion of the Site Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect. Copyright ® COUNTRYKENNEL. All rights reserved |
||||||||
|
||||||||
