Breeders.net Terms of Service

1. General Rules and Definitions

1.1 If you choose to purchase a listing in the Breeders.NET online dog breeder directory (the "Service"), you will be agreeing to abide by all of the terms and conditions of this Terms of Service Agreement (the "Agreement") between you and Arion Focus, Inc. ("Arion").

1.2 Arion may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the Service, or send them to you via e-mail or postal mail. Your continued use of the Service constitutes your acceptance of any such change to the terms of this Agreement.

1.3 If any of the rules contained in the Agreement or any future changes to the Agreement are not acceptable to you, you may cancel your subscription by sending an e-mail message to [email protected]. See Section 7 regarding Termination of Service. Your continued use of the Service now, or following the posting of notice of any changes in the rules contained in the Agreement, will indicate acceptance by you of such rules, changes or modifications.

1.4 Arion may change, suspend or discontinue any aspect of the Service at any time, including the availability of any Service feature or content. Arion may also impose limits on certain features and services or restrict your access to parts or all of the Service without notice or liability.

2. Access and Availability of Service and Links

2.1 Arion features on the Service or in its e-mail communications to you links to third-party web sites. These may appear in the form of text links, advertisements, banners, buttons, integrated gift services, digital cash, digital gift certificates, or otherwise. The goods and services available through these links are offered by independent companies, which are not affiliated in any way with Arion. Arion makes no representations as to the quality, fitness, workmanship, value, appropriateness, or reliability of the merchandise available or the solvency or financial viability of any advertiser. Arion will not reimburse or indemnify you for any losses you may incur as a result of transactions with any Arion advertiser. Users are advised to use discretion in selecting companies to do business with online.

2.2 There may be circumstances where access to the Service is provided by a link located at another Web site. Neither Arion nor its affiliates makes any representations or give any warranties with respect to any information contained in or at these other sites and neither Arion nor its affiliates shall be liable for any damages or injury arising from the content of these other sites. Neither Arion nor its affiliates endorses the individuals, companies, or other similar entities, or any products or materials associated with such individuals, companies, or other similar entities, that provide a link to the Service.

3. Representations and Warranties

3.1 You represent, warrant and covenant (a) that no materials of any kind submitted through your account on the Service will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; (b) that you have read and agree to be bound by the Breeders.NET Breeders Code of Ethics, a copy of which is posted on the Service, and (c) that you are at least eighteen years old. You hereby indemnify, defend and hold harmless Arion and its affiliates, and all officers, directors, owners, agents, licensors and licensees (collectively, the "Indemnified Parties") from and against any and all liability and costs, including, without limitation, reasonable attorneys' fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of this Agreement or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in defense of any such claim. Arion reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

3.2 Neither Arion nor its affiliates represent or endorse the accuracy or reliability of any opinion, statement, or other information displayed or distributed through the Service by any users, information provider or any other person or entity. You acknowledge that any reliance upon any such opinion, statement or other information shall be at your sole risk.

4. Registration and Security

4.1 In order to establish an account to use the Service, you will be required to select a password to be used in conjunction with your listing. You will be required to give us certain registration information, all of which must be accurate and updated. You may not (a) use an account of another person with the intent to impersonate that person; or (b) use an account to which another person has rights without such person's authorization. Failure to comply with the foregoing shall constitute a breach of this Agreement, which may result in immediate termination of your account. You shall be responsible for maintaining the confidentiality of your password.

4.2 You shall notify Arion of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information.

4.3 You must be 18 years or older to subscribe to the Service; however, persons under the age of eighteen may use the Service. You may share your password with others, subject to the provisions of Section 4.4 below.

4.4 You are responsible for all usage or activity on your account, including the use of the account by any third party authorized by you to use your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at the sole discretion of Arion, and Arion may refer you to appropriate law enforcement agencies.

5. Fees and Payments

5.1 You shall be responsible to pay all fees and charges incurred through your account at the rates in effect for the billing period in which such fees and charges are incurred, including, but not limited to charges for any products or services offered for sale through the Service by Arion or by any vendor or service provider. At its sole discretion, Arion reserves the right at any time to offer the Service at a discount or to provide premiums and promotions as a membership incentive, without obligation to members to whom it has not offered such discount or premiums. All fees and charges shall be charged to you using the payment method you specified during your registration process and you agree to pay such charges. You shall also pay any applicable taxes relating to use of the Service through your account.

5.2 For your convenience and to insure that your access to the Service remains uninterrupted, unless we hear from you, we will automatically renew your membership at the expiration of the then current term using the payment method you specified during your registration process for the cost of another membership term, at the then current membership rate.

5.3 A listing in the Service is for one dog breed for one year. A breeder may have one listing for each of up to four breeds at any one time. but the breeder must purchase each listing separately. A breeder may not have multiple listings for a single breed. The breed selected for a listing may not be changed during the term of the listing.

6. Communications Between Arion and Users

6.1 Arion reserves the right to send you its periodic breeder e-mail newsletter with news, articles and advertising of special interest to dog breeders.

6.2 Arion reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

6.3 Arion reserves the right to disclose information about your usage and demographics, provided that it will not reveal your personal identity in connection with the disclosure of such information. Advertisers and/or Licensees on our website may collect and share information about you only if you indicate your acceptance

7. Termination

7.1 If you are not fully satisfied with your membership you may terminate your account during the first thirty (30) days of your membership term by sending an e-mail to [email protected]. Upon such termination, you will receive a full refund of any monies you paid to Arion for your membership fee for the then current term.

8. Limitation of Liability

8.1 the information and services provided on the service are provided "as is" without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose. There is no warranty against interference with your enjoyment of any information or services or against infringement

8.2 neither Arion nor any of its officers, directors, employees or affiliates shall be liable for any direct, indirect, special, consequential, punitive, exemplary and/or incidental damages of any kind whatsoever (including, but not limited to, lost profits or attorneys' fees) in any way due to, resulting from or arising in connection with your access to, inability to access, or use of the site, or from your reliance on any information provided at the site, even if Arion has been advised of the possibility of such damages. This limitation applies to all causes of action in the aggregate including, but not limited to, breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and any other tort. In the event the foregoing limitation of liability set forth herein shall be for any reason held unenforceable or inapplicable, you agree that Arion and its affiliates' aggregate liability shall not exceed the amount paid pursuant to the terms of this agreement.

8.3 Arion takes no responsibility or assumes any liability for any content uploaded or otherwise transmitted by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, indecency, lewdness, harassment, threats, abuse, or profanity you may encounter in using the site. You agree to hold harmless Arion and its affiliates and parties with whom Arion has contracted for purposes of hosting or maintaining this site from all claims based upon communications or materials made available by you on the site.