Welcome to Kennel Link’s™ User Agreement (“Agreement”). This Agreement describes the terms and conditions applicable to your use of our services at Kennel Link™. We may amend this Agreement at any time by posting the amended terms on our site. All amended terms shall automatically be effective 30 days after they are initially posted on our site. You agree to be bound by this Agreement and its amendments, and indicate such agreement by any use of the Kennel Link™ sites and services. If you do not agree to this Agreement, do not access and use the Kennel Link™ sites and services.
PERMITTED USE. Subject to this Agreement, Kennel Link™ hereby grants you the right to access and use the Kennel Link™ sites and services. Kennel Link™ retains all rights with respect to the Kennel Link™ sites except those expressly granted to you in this Agreement. You agree not to duplicate, publish, modify, or otherwise distribute the material on the Kennel Link™ sites unless specifically authorized in writing by Kennel Link™ to do so. You agree not to frame, or assist third parties in framing, any of the web pages contained in the Kennel Link™ sites. Such framing is strictly prohibited under this Agreement. The content and software on the Kennel Link™ sites are the property of Kennel Link™ and are protected by U.S. and international copyright and other intellectual property laws. KennelLink.com™ and the Kennel Link™ logo are the trademarks of Kennel Link™.
CUSTOMER CONFIDENTIALITY. Kennel Link™ never sells, gives or otherwise shares your data with anyone. This includes, but is not limited to, your pricing structure, your client list and your client information. You can only view and alter information relating to your facility. Data within your database is owned solely by you.
NO UNLAWFUL OR PROHIBITED USE. As a condition of your use of the Kennel Link™ sites, you warrant that you will not use the Kennel Link™ sites for any purpose that is unlawful or prohibited by this Agreement. You agree not to use the Kennel Link™ sites in any manner that could damage, disable, overburden, or impair the Kennel Link™ sites or interfere with any other party’s use and enjoyment of the Kennel Link™ sites. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Kennel Link™ sites.
FEES. You agree to provide us a current and valid credit card number or checking account and routing number for the payment of all fees. You represent and warrant that you have the power and authority to use said credit card or echeck. You agree to pay set-up and monthly fees as they apply to your account. When your account is activated, your monthly fees will be prorated. All monthly fees will be charged and payable on the 1st of each month. If your payment is declined, you may be charged an additional $15 to your account to cover bank fees.
TERMS OF SERVICE. There is no contractual obligation and you may cancel your account at any time. Partial month refunds will not be provided. Kennel Link™ reserves the right to deny service without prior notice to any individual or group if Kennel Link™ perceives that said individual’s or group’s actions negatively impact Kennel Link™, its officers, directors, agents, employees or other Kennel Link™ users.
WARRANTY DISCLAIMER. Kennel Link™ does not guarantee that the Kennel Link™ sites and service will be error-free or uninterrupted. The operation of the Kennel Link™ sites may be interfered with by numerous factors outside of the control of Kennel Link™. The Kennel Link™ sites and all content contained within them are delivered on an “AS IS” and “AS AVAILABLE” basis without any warranty or condition, express, implied or statutory.
LIMITATION OF LIABILITY. Under no circumstances shall Kennel Link™ be liable for lost profits or any direct, indirect, special, incidental, punitive or consequential damages that arise out of or are related to your use of the Kennel Link™ sites (however arising, including but not limited to breach of contract, tort or negligence). In no event shall Kennel Link’s™ aggregate liability to you for any loss, damage or claim related to or arising out of the Kennel Link™ sites exceed the total amounts, if any, paid by you in the 12 months prior to the action giving rise to liability to Kennel Link™ for accessing the Kennel Link™ sites.
ADDITIONAL REPRESENTATIONS AND WARRANTIES. You represent and warrant that (a) you have the power and authority to enter into this Agreement; (b) you are at least eighteen (18) years of age; and (c) you will only use the Kennel Link™ sites in accordance with this Agreement.
INDEMNITY. You agree to indemnify and hold Kennel Link™ and its officers, directors, agents, and employees harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising from your breach of this Agreement, or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
GENERAL. This Agreement shall be governed in all respects by the laws of the State of Colorado without giving effect to its conflict of laws provisions. Both parties submit to personal jurisdiction by and venue in the state and federal courts in the State of Colorado, County of Douglas, and further agree that any cause of action arising under this Agreement shall be brought in such venue. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Kennel Link’s™ failure to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. This Agreement and the terms and conditions contained herein sets forth the entire understanding and agreement between us with respect to the subject matter hereof, and supersedes any prior or contemporaneous understanding whether in written or oral form.
