TERMS AND CONDITIONS
IMPORTANT – READ CAREFULLY.
YOUR USE OF AIKITSFORDOGS.COM (“COMPANY”) WEBSITE IS CONDITIONED UPON YOUR COMPLIANCE WITH, AND ACCEPTANCE OF, THE FOLLOWING AGREEMENT. YOU ACKNOWLEDGE AND AGREE THAT BY VISITING COMPANY WEBSITE YOU ARE ENTERING INTO A LEGALLY BINDING CONTRACT. YOU WILL NOT BE PERMITTED TO USE COMPANY WEBSITE AND THE ASSOCIATED PRODUCTS OR SERVICES UNLESS AND UNTIL YOU ACCEPT THIS AGREEMENT AND ANY OTHER RULES OR POLICIES THAT COMPANY MAY CREATE AND MAKE AVAILABLE ON ITS WEBSITE FROM TIME TO TIME.
This is a legal agreement between you (“You”) and Company stating the terms that govern your use of the Company’s Products and website Services (referred to in this agreement as the “Products” and “Services”).
1. Scope of Use
1.1, Our Company educates dog breeders on artificial Insemination (“Services”) and supply the products (“Product”) to do so. Your use of this website allows you to view our Services and purchase our Products.
1.2 We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information shall mean any materials or information provided by you to us which is not publicly known and particularly (i) all information disclosed in tangible form and marked “confidential” or “proprietary” or its equivalent at the time of disclosure, and (ii) all information disclosed orally or otherwise in intangible form and designated as “confidential” or “proprietary” or its equivalent at the time of disclosure and is confirmed by the Disclosing Party as being confidential. Confidential Information shall not include any information that is: publicly available prior to the date of the Terms and Conditions or becomes publicly available thereafter through no wrongful act of the Receiving Party; was known to the Receiving Party prior to the date of disclosure or becomes known to the Receiving Party thereafter from a third Party having an apparent bona fide right to disclose the information; is disclosed by the Receiving Party in accordance with the terms of the Disclosing Party’s prior written approval; is disclosed by Disclosing Party to any other third Party without restriction on further disclosure; is independently developed by the Receiving Party; or that the Receiving Party is obligated to produce pursuant to an order of a court of competent jurisdiction or a valid administrative or Congressional subpoena. Receiving Party means a Party that receives Confidential Information under these Terms and Conditions.
2. Account Activation
2.1 The person registering for the Service will be the contracting party (“Account Holder”) for the purposes of these Terms and Conditions and will be solely authorized to use any corresponding account we may provide to the Account Holder in connection with the Service.
3. Consent to Use of Data
3.2 You understand that by using Company’s Services, You shall not promote in any form, content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, You agree to use the Services at Your sole risk and that Company shall not have any liability to You. You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any term in the Terms and Conditions as determined in the sole discretion of Company will result in an immediate termination of your services.
3.3 You understand that your Stored Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
4. Third Party Websites
4.1 The Service may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Company has no control over such sites and resources and is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Company will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Service are between you and the third party, and you agree that Company is not liable for any loss or claim that you may have against any such third party.
4.2 You agree that any Services contain proprietary content, information and material that is protected by applicable intellectual property and other laws, including but not limited to copyright, and that You will not use such proprietary content, information or materials in any way whatsoever except for permitted use of the Services. No portion of the Services may be reproduced in any form or by any means. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Services, in any manner, and You shall not exploit the Services in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You further agree not to use the Services in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party, and that Company is not in any way responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or illegal messages or transmissions that You may receive as a result of using any of the Services.
4.3 In addition, third party Services and Third Party Materials that may be accessed from, displayed on or linked to from the mobile device are not available in all languages or in all countries. Company makes no representation that such Services and Materials are appropriate or available for use in any particular location. To the extent You choose to access such Services or Third Party Materials, You do so at Your own initiative and are responsible for compliance with any applicable laws, including but not limited to applicable local laws. Company, and its licensors, reserve the right to change, suspend, remove, or disable access to any Services at any time without notice. In no event will Company be liable for the removal of or disabling of access to any such Services. Company may also impose limits on the use of or access to certain Services, in any case and without notice or liability.
5. Limitation of Liability
5.1 (a) To the extent not prohibited by law, in no event shall company be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the licensed application, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if company has been advised of the possibility of such damages. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you. In no event shall company’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00). The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
5.1 (b.) Nothing in this agreement and nothing in aikitsfordogs.com statements to client will be construed as a promise or guarantee about the outcome of any matter. AIKitsForDogs.com nor its partners, counselors, agents, representatives, affiliates, employees or associates makes any such promises or guarantees. Client acknowledges that aikitsfordogs.com has not made any promises or guarantees about any outcome.
5.2 Company does not warrant that the Service will be uninterrupted, timely, secure, or error-free and does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
5.3 Company does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
6. Pricing and Fees
6.1 Company products are listed on our website and we require a PayPal account or valid credit card to process transactions.
7. Cancellation and Termination
7.1 You may cancel your Account at any time by emailing Support@AIKitsForDogs.com and then following the instructions indicated to you in Company’s responding email message..
8. Services and Prices Changes
8.1 Prices for our products are subject to change at any time. Company also reserves the right at any time, and from time to time, to modify or discontinue some of its Products with or without notice.
8.2 Company shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of its products on our website
9. Governing Law
9.1 The laws of Utah, excluding its conflicts of law rules, govern your use of the Website.
10. Waiver and Complete Agreement
10.1 The failure of Company to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. The Terms and Conditions constitutes the entire agreement between you and Company and govern your use of the Service, superseding any prior agreements between you and Company (including, but not limited to, any prior versions of the Terms and Conditions).