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PEDIGREE ONLINESM SERVICE AGREEMENT
and
TERMS OF USE

Effective Date: May 6, 2002

WELCOME TO PEDIGREE ONLINE. THE PEDIGREE ONLINE SERVICE AGREEMENT APPLIES TO PEDIGREE ONLINE'S WEB SITE, INCLUDING WWW.PEDIGREEONLINE.COM, WWW.PEDIGREEQUERY.COM AND WWW.ALLBREEDPEDIGREE.COM, AND ELECTRONIC CONTENT. BY USING THIS WEB SITE AND/OR COMPLETING THE REGISTRATION OR RENEWAL PROCESS, YOU WILL ALSO BE PROVIDING YOUR ELECTRONIC SIGNATURE THAT WILL AFFIRM THAT YOU AGREE TO THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, JUST AS IF YOU HAD SIGNED THE SERVICE AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS SERVICE AGREEMENT, PLEASE EXIT THE REGISTRATION OR RENEWAL PROCESS OR DISCONTINUE USE OF THE WEB SITE AND SERVICE. IF YOU ARE SIMPLY VISITING OUR WEB SITE BUT ARE NOT REGISTERING FOR SERVICE AT THIS TIME, THIS SERVICE AGREEMENT SERVES AS OUR SITE TERMS AND CONDITIONS. IN CONTINUING TO USE OR ACCESS THE PEDIGREE ONLINE SITE, YOU AGREE TO FOLLOW THE PEDIGREE ONLINE TERMS AND CONDITIONS AS THEY MAY APPLY TO YOU.

AGREEMENT BETWEEN USER AND PEDIGREE ONLINE
Pedigree Online is a service of Select Web Ventures, a California limited liability company ("Pedigree Online"). This Web site (the "Web site") is offered to you (hereinafter referred to as "User") conditioned on your acceptance without modification of the terms, conditions, and notices contained herein, which may be updated from time to time without notice to you. The most current version is available for your review at any time at www.pedigreeonline.com/terms.php. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices. The right to use this Web site and any other product or service offered by Pedigree Online is personal to User and is not transferable by assignment, sublicense, or any other method to any other person or entity.

USER INFORMATION
User shall provide Pedigree Online with accurate, complete, and updated information as to his or her real name and valid email address and contact information provided by User at registration. In each case, failure to do so shall constitute a breach of this agreement. No user may (i) select or use a username or email address of another person with the intent to impersonate that person or entity; (ii) use a username or email address subject to the rights of any person other than User without authorization; (iii) use a username in violation of the intellectual property rights of any person; or (iv) use a username that Pedigree Online, at its sole discretion, deems offensive.

PASSWORD DISCLOSURE
User acknowledges that his or her right to use this Web site and other products or services offered by Pedigree Online is unique or specific to User and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer User's right to use this Web site is void and shall constitute a breach of this Agreement. User shall take any and all actions necessary to maintain the privacy of his or her password. In the event User has reason to believe that a third party has access to User's account, User shall promptly change their account password on the site and, if any such problem persists, notify Pedigree Online (by notice given to support@pedigreeonline.com or call 760-804-7111).

PERSONAL AND NON-COMMERCIAL USE LIMITATION
This Web site is for User's personal and non-commercial use. User may not distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web site.

DUTIES OF THE USER
In accessing or using the Pedigree Online Websites, the User shall not:

  • harm other persons, in particular minors, or infringe their personal rights;
  • breach public morality in its manner of use;
  • violate any intellectual property right or any other proprietary right;
  • upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data;
  • willfully edit any contents with false or misleading information, or maliciously delete contents;
  • transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or unlawful; or
  • distribute advertising or unsolicited e-mails (so-called "spam") or inaccurate warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar activity.

Pedigree Online may deny access to the Web Sites at any time, in particular if the User breaches any obligation arising from these Terms of Use.

NATURE OF SERVICE
Neither Pedigree Online nor anyone affiliated with Pedigree Online is responsible for any decision made as a result of information provided by this Web site. While we strive to present useful information, Pedigree Online makes no guarantee of accuracy or completeness. All information expressed herein is subject to change without notice.

USE OF ACCESS DEVICES
With the exception of applications commonly known as Web Browser software, you agree not to use any software, program, application or any other device to access or log on to Pedigree Online’s computer systems or Web site to automate the process of obtaining, downloading, transferring or transmitting any content from Pedigree Online’s computer systems or Web site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THIS WEB SITE IS AT HIS OR HER SOLE RISK. NEITHER PEDIGREE ONLINE, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THIS WEB SITE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THIS WEB SITE OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THIS WEB SITE.
B. THIS WEB SITE IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
D. IN NO EVENT WILL PEDIGREE ONLINE OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THIS WEB SITE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS OR WAGERING LOSSES) ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEB SITE OR OUT OF THE BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THIS WEB SITE.
E. PEDIGREE ONLINE NEITHER ENDORSES NOR IS RESPONSIBLE FOR THE ACCURACY OR RELIABILITY OF ANY LINEAGE INFORMATION, RACE RECORDS, OPINION, ADVICE, STATEMENT OR ANY OTHER INFORMATION DISPLAYED ON THIS WEB SITE. UNDER NO CIRCUMSTANCES WILL PEDIGREE ONLINE BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THIS WEB SITE. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THIS WEB SITE.
G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL PEDIGREE ONLINE, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF (i) THE USE BY SUCH USER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR (ii) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY IN CONNECTION WITH THE SERVICE.
H. USER AGREES THAT THE LIABILITY OF PEDIGREE ONLINE, ITS AFFILIATES, AGENTS, AND LICENSORS, IF ANY, ARISING OUT OF ANY KIND OF LEGAL CLAIM (WHETHER IN CONTRACT, TORT, OR OTHERWISE) IN ANY WAY CONNECTED WITH THIS WEB SITE OR THE INFORMATION IN THIS WEB SITE SHALL NOT EXCEED THE AMOUNT USER PAID TO PEDIGREE ONLINE, FOR USE OF THIS WEB SITE. 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 USER.

INDEMNIFICATION
User agrees to indemnify and hold Pedigree Online, its parent, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's use of this Web site or information obtained from this Web site, or from User's violation of this Agreement or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive this Agreement and User's use of this Web site.

LINKS OR PUBLISHING TO THIRD-PARTY SITES
This Web site may contain hyperlinks or publish pedigrees and information to other Web sites operated by parties other than Pedigree Online, and other resources and advertisers. Such hyperlinks, pedigrees, and information are provided for User's reference only. Pedigree Online is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. Pedigree Online's inclusion of hyperlinks to or information on such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators. Under no circumstances shall Pedigree Online be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its respective site administrator or webmaster.

COPYRIGHT AND LIMITATIONS ON USE
Information received through this Web site may be displayed, reformatted, and printed for User's personal, non-commercial use only. User agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through this Web site to anyone, including but not limited to others in the same company or organization, without the express prior written consent of Pedigree Online.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of Pedigree Online or its clients. The mark "Pedigree Online" is the sole property of Select Web Ventures, LLC. Reproduction in whole or in part is strictly prohibited without explicit written permission from Select Web Ventures, LLC.

TRADEMARKS
The Pedigree Online pink and blue box/arrow design and logo, Pedigree Online, and www.pedigreeonline.com are servicemarks, trademarks, or registered trademarks of Pearl Technologies, Inc., and may not be used without the express written permission of the Pearl Technologies, Inc.

MODIFICATION OF SERVICE
Pedigree Online shall have the right at any time to impose, change, or modify the subscription service applicable to User's use of this Web site, or any part thereof, including, but not limited to, pricing, subscription duration, and tracks covered. Pricing and subscription duration changes, modifications, additions, or deletions shall become effective at the end of the Users's current subscription period. Track coverage shall become effective immediately.

MODIFICATION OF THESE TERMS AND CONDITIONS
Pedigree Online shall have the right at any time to impose, change, or modify these terms and conditions applicable to User's use of this Web site, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, or to impose new terms of service. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on the Web site (http://www.pedigreeonline.com/terms.php) a revised version of this Agreement, and/or notification by electronic or conventional mail. If any such change is unacceptable to User, User may terminate his or her user account as provided in the section below. Any use of this Web site by User after such notice (other than to terminate User's subscription pursuant to the section below) shall conclusively be deemed to constitute acceptance by User of such changes, modifications, additions, or deletions. User agrees to review the terms and conditions periodically to be aware of such revisions.

RENEWAL
If selected during the registration process, User's subscription may automatically renew at the end of the subscription period. Renewal will be at the then current rate for the duration of service selected. If User has not selected the auto-renew feature, manual renewal will be required for continued service. If service is not renewed, this Agreement will terminate.

TERMINATION
Either Pedigree Online or User may terminate this Agreement at any time. User's only right with respect to any dissatisfaction with (i) any terms and conditions of this Agreement, or any policy or practice of Pedigree Online in operating this Web site, (ii) content available through this Web site or any change therein, or (iii) amount or type of fees or billing methods, or any change thereof, is to terminate this Agreement by sending a written notice to 2788 Loker Avenue West, Carlsbad, CA 92008, by sending email to customerservice@pedigreeonline.com, or by using the service termination form on the Web site. User's notice of termination will be effective upon receipt by Pedigree Online. Pedigree Online has no obligation to provide User with notice of termination. Fees paid for any subscription term are paid in advance and are not refundable in whole or in part, provided, however, that in the event of termination by Pedigree Online for any reason other than breach of this Agreement by User or termination by User in accordance with provisions (i), (ii), or (iii) above, in which User identifies the termination as resulting from changed terms, Pedigree Online shall make a pro rata refund to User. The terms of the sections of this Agreement entitled Copyright and Limitations on Use, Disclaimers of Warranties and Limitations of Liability, and Indemnification, shall remain in effect after this Agreement has been terminated by Pedigree Online or by User.

EQUIPMENT
Each User shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Web site, and User shall be responsible for all charges related thereto.

PRIVACY
Personal data provided by User to Pedigree Online will be used only in connection with services provided on this Web site and will not be given to others. See our Privacy Policy at http://www.pedigreeonline.com/privacy.php for more information.

MISCELLANEOUS
This Agreement and any operating rules for this Web site established by Pedigree Online constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import. If any part of this Service Agreement is unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.



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