Agreement between user and http://www.rarebulldogs.com/
Welcome to http://www.rarebulldogs.com/. The
http://www.rarebulldogs.com/ website (the "Site") is comprised
of various web pages operated by Rare Bulldogs ("Rare
Bulldogs"). http://www.rarebulldogs.com/ is offered to you
conditioned on your acceptance without modification of the
terms, conditions, and notices contained herein (the "Terms").
Your use of http://www.rarebulldogs.com/ constitutes your
agreement to all such Terms. Please read these terms carefully,
and keep a copy of them for your reference.
http://www.rarebulldogs.com/ is an E-commerce
Site, English Bulldog Puppy Sales, Forums
Electronic Communications
Visiting http://www.rarebulldogs.com or sending
emails to Rare Bulldogs constitutes electronic communications.
You consent to receive electronic communications and you agree
that all agreements, notices, disclosures and other
communications that we provide to you electronically, via email
and on the Site, satisfy any legal requirement that such
communications be in writing.
Your account
If you use this site, you are responsible for
maintaining the confidentiality of your account and password and
for restricting access to your computer, and you agree to accept
responsibility for all activities that occur under your account
or password. You may not assign or otherwise transfer your
account to any other person or entity. You acknowledge that Rare
Bulldogs is not responsible for third party access to your
account that results from theft or misappropriation of your
account. Rare Bulldogs and its associates reserve the right to
refuse or cancel service, terminate accounts, or remove or edit
content in our sole discretion.
Rare Bulldogs does not knowingly collect, either
online or offline, personal information from persons under the
age of thirteen. If you are under 18, you may use http://www.rarebulldogs.com/
only with permission of a parent or guardian.
Cancellation/Refund Policy
No Refunds under any circumstances. Rare Bulldogs
do not pay vet bills or reimburse vet bills.
Links to third party sites/Third party services
http://www.rarebulldogs.com/ may contain links to
other websites ("Linked Sites"). The Linked Sites are not under
the control of Rare Bulldogs and Rare Bulldogs is not
responsible for the contents of any Linked Site, including
without limitation any link contained in a Linked Site, or any
changes or updates to a Linked Site. Rare Bulldogs is providing
these links to you only as a convenience, and the inclusion of
any link does not imply endorsement by Rare Bulldogs of the site
or any association with its operators.
Certain services made available via http://www.rarebulldogs.com/
are delivered by third party sites and organizations. By using
any product, service or functionality originating from the
http://www.rarebulldogs.com/ domain, you hereby acknowledge and
consent that Rare Bulldogs may share such information and data
with any third party with whom Rare Bulldogs has a contractual
relationship to provide the requested product, service or
functionality on behalf of http://www.rarebulldogs.com/ users
and customers.
No unlawful or prohibited use/Intellectual
Property
You are granted a non-exclusive, non-transferable,
revocable license to access and use http://www.rarebulldogs.com/
strictly in accordance with these terms of use. As a condition
of your use of the Site, you warrant to Rare Bulldogs that you
will not use the Site for any purpose that is unlawful or
prohibited by these Terms. You may not use the Site in any
manner which could damage, disable, overburden, or impair the
Site or interfere with any other party's use and enjoyment of
the Site. You may not obtain or attempt to obtain any materials
or information through any means not intentionally made
available or provided for through the Site.
All content included as part of the Service, such
as text, graphics, logos, images, as well as the compilation
thereof, and any software used on the Site, is the property of
Rare Bulldogs or its suppliers and protected by copyright and
other laws that protect intellectual property and proprietary
rights. You agree to observe and abide by all copyright and
other proprietary notices, legends or other restrictions
contained in any such content and will not make any changes
thereto.
You will not modify, publish, transmit, reverse
engineer, participate in the transfer or sale, create derivative
works, or in any way exploit any of the content, in whole or in
part, found on the Site. Rare Bulldogs content is not for
resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you
will not delete or alter any proprietary rights or attribution
notices in any content. You will use protected content solely
for your personal use, and will make no other use of the content
without the express written permission of Rare Bulldogs and the
copyright owner. You agree that you do not acquire any ownership
rights in any protected content. We do not grant you any
licenses, express or implied, to the intellectual property of
Rare Bulldogs or our licensors except as expressly authorized by
these Terms.
Use of communication services
The Site may contain bulletin board services, chat
areas, news groups, forums, communities, personal web pages,
calendars, and/or other message or communication facilities
designed to enable you to communicate with the public at large
or with a group (collectively, "Communication Services"), you
agree to use the Communication Services only to post, send and
receive messages and material that are proper and related to the
particular Communication Service.
By way of example, and not as a limitation, you
agree that when using a Communication Service, you will not:
defame, abuse, harass, stalk, threaten or otherwise violate the
legal rights (such as rights of privacy and publicity) of
others; publish, post, upload, distribute or disseminate any
inappropriate,
profane, defamatory, infringing, obscene, indecent
or unlawful topic, name, material or information; upload files
that contain software or other material protected by
intellectual property laws (or by rights of privacy of
publicity) unless you own or control the rights thereto or have
received all necessary consents; upload files that contain
viruses, corrupted files, or any other similar software or
programs that may damage the operation of another's computer;
advertise or offer to sell or buy any goods or services for any
business purpose, unless such Communication Service specifically
allows such messages; conduct or forward surveys, contests,
pyramid schemes or chain letters; download any file posted by
another user of a Communication Service that you know, or
reasonably should know, cannot be legally distributed in such
manner; falsify or delete any author attributions, legal or
other proper notices or proprietary designations or labels of
the origin or source of software or other material contained in
a file that is uploaded, restrict or inhibit any other user from
using and enjoying the Communication Services; violate any code
of conduct or other guidelines which may be applicable for any
particular Communication Service; harvest or otherwise collect
information about others, including e-mail addresses, without
their consent; violate any applicable laws or regulations.
Rare Bulldogs has no obligation to monitor the
Communication Services. However, Rare Bulldogs reserves the
right to review materials posted to a Communication Service and
to remove any materials in its sole discretion. Rare Bulldogs
reserves the right to terminate your access to any or all of the
Communication Services at any time without notice for any reason
whatsoever.
Rare Bulldogs reserves the right at all times to
disclose any information as necessary to satisfy any applicable
law, regulation, legal process or governmental request, or to
edit, refuse to post or to remove any information or materials,
in whole or in part, in Rare Bulldogs's sole discretion.
Always use caution when giving out any personally
identifying information about yourself or your children in any
Communication Service. Rare Bulldogs does not control or endorse
the content, messages or information found in any Communication
Service and, therefore, Rare Bulldogs specifically disclaims any
liability with regard to the Communication Services and any
actions resulting from your participation in any Communication
Service. Managers and hosts are not authorized Rare Bulldogs
spokespersons, and their views do not necessarily reflect those
of Rare Bulldogs.
Materials uploaded to a Communication Service may
be subject to posted limitations on usage, reproduction and/or
dissemination. You are responsible for adhering to such
limitations if you upload the materials.
Materials provided to http://www.rarebulldogs.com/
or posted on any Rare Bulldogs web page
Rare Bulldogs does not claim ownership of the
materials you provide to http://www.rarebulldogs.com/ (including
feedback and suggestions) or post, upload, input or submit to
any Rare Bulldogs Site or our associated services (collectively
"Submissions"). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting Rare
Bulldogs, our affiliated companies and necessary sublicensees
permission to use your Submission in connection with the
operation of their Internet businesses including, without
limitation, the rights to: copy, distribute, transmit, publicly
display, publicly perform, reproduce, edit, translate and
reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the
use of your Submission, as provided herein. Rare Bulldogs is
under no obligation to post or use any Submission you may
provide and may remove any Submission at any time in Rare
Bulldogs's sole discretion.
By posting, uploading, inputting, providing or
submitting your Submission you warrant and represent that you
own or otherwise control all of the rights to your Submission as
described in this section including, without limitation, all the
rights necessary for you to provide, post, upload, input or
submit the Submissions.
International Users
The Service is controlled, operated and
administered by Rare Bulldogs from our offices within the USA.
If you access the Service from a location outside the USA, you
are responsible for compliance with all local laws. You agree
that you will not use the Rare Bulldogs Content accessed through
http://www.rarebulldogs.com/ in any country or in any manner
prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless
Rare Bulldogs, its officers, directors, employees, agents and
third parties, for any losses, costs, liabilities and expenses
(including reasonable attorney's fees) relating to or arising
out of your use of or inability to use the Site or services, any
user postings made by you, your violation of any terms of this
Agreement or your violation of any rights of a third party, or
your violation of any applicable laws, rules or regulations.
Rare Bulldogs reserves the right, at its own cost, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will fully cooperate
with Rare Bulldogs in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve
any dispute between them arising out of or concerning these
Terms and Conditions, or any provisions hereof, whether in
contract, tort, or otherwise at law or in equity for damages or
any other relief, then such dispute shall be resolved only by
final and binding arbitration pursuant to the Federal
Arbitration Act, conducted by a single neutral arbitrator and
administered by the American Arbitration Association, or a
similar arbitration service selected by the parties, in a
location mutually agreed upon by the parties. The arbitrators
award shall be final, and judgment may be entered upon it in any
court having jurisdiction. In the event that any legal or
equitable action, proceeding or arbitration arises out of or
concerns these Terms and Conditions, the prevailing party shall
be entitled to recover its costs and reasonable attorney's fees.
The parties agree to arbitrate all disputes and claims in
regards to these Terms and Conditions or any disputes arising as
a result of these Terms and Conditions, whether directly or
indirectly, including Tort claims that are a result of these
Terms and Conditions. The parties agree that the Federal
Arbitration Act governs the interpretation and enforcement of
this provision. The entire dispute, including the scope and
enforceability of this arbitration provision shall be determined
by the Arbitrator. This arbitration provision shall survive the
termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions
will take place on an individual basis; class arbitrations and
class/representative/collective actions are not permitted. THE
PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER
ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR
CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR
REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE
ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both
you and Employer agree otherwise, the arbitrator may not
consolidate more than one person's claims, and may not otherwise
preside over any form of a representative or class proceeding.
Liability disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE
INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY
ADDED TO THE INFORMATION HEREIN. RARE BULLDOGS AND/OR ITS
SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT
ANY TIME.
RARE BULLDOGS AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON
THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT
WARRANTY OR CONDITION OF ANY KIND. RARE BULLDOGS AND/OR ITS
SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH
REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,
IN NO EVENT SHALL RARE BULLDOGS AND/OR ITS SUPPLIERS BE LIABLE
FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL,
CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR
PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE
SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES
AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE
ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT,
TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF RARE
BULLDOGS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO
YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR
WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY
IS TO DISCONTINUE USING THE SITE.
Termination/access restriction
Rare Bulldogs reserves the right, in its sole
discretion, to terminate your access to the Site and the related
services or any portion thereof at any time, without notice. To
the maximum extent permitted by law, this agreement is governed
by the laws of the State of Florida and you hereby consent to
the exclusive jurisdiction and venue of courts in Florida in all
disputes arising out of or relating to the use of the Site. Use
of the Site is unauthorized in any jurisdiction that does not
give effect to all provisions of these Terms, including, without
limitation, this section.
You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Rare
Bulldogs as a result of this agreement or use of the Site. Rare
Bulldogs's performance of this agreement is subject to existing
laws and legal process, and nothing contained in this agreement
is in derogation of Rare Bulldogs's right to comply with
governmental, court and law enforcement requests or requirements
relating to your use of the Site or information provided to or
gathered by Rare Bulldogs with respect to such use. If any part
of this agreement is determined to be invalid or unenforceable
pursuant to applicable law including, but not limited to, the
warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely
matches the intent of the original provision and the remainder
of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and Rare
Bulldogs with respect to the Site and it supersedes all prior or
contemporaneous communications and proposals, whether
electronic, oral or written, between the user and Rare Bulldogs
with respect to the Site. A printed version of this agreement
and of any notice given in electronic form shall be admissible
in judicial or administrative proceedings based upon or relating
to this agreement to the same extent and subject to the same
conditions as other business documents and records originally
generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be
written in English.
Changes to Terms
Rare Bulldogs reserves the right, in its sole
discretion, to change the Terms under which http://www.rarebulldogs.com/
is offered. The most current version of the Terms will supersede
all previous versions. Rare Bulldogs encourages you to
periodically review the Terms to stay informed of our updates.
Contact Us. Rare Bulldogs welcomes your questions
or comments regarding the Terms:
Email Address: rarebulldgs@gmail.com
Telephone number: 850-206-1027 Effective as
of January 1, 1998
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