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PEDIGREEONLINE.COM, PEDIGREEQUERY.COM, and ALLBREEDPEDIGREE.COM SERVICE AGREEMENT
and
TERMS OF USE

Effective Date: May 6, 2002

BY USING THE PEDIGREEONLINE.COM, PEDIGREEQUERY.COM, or ALLBREEDPEDIGREE.COM WEBSITES, 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 ABOVE WEB SITE(S) AND SERVICE. IF YOU ARE SIMPLY VISITING ONE OF THE ABOVE WEB SITES BUT ARE NOT REGISTERING FOR SERVICE AT THIS TIME, THIS SERVICE AGREEMENT SERVES AS OUR WEBSITE TERMS AND CONDITIONS. IN CONTINUING TO USE OR ACCESS THE PEDIGREEONLINE.COM, PEDIGREEQUERY.COM, and ALLBREEDPEDIGREE.COM WEBSITES, YOU AGREE TO FOLLOW THESE TERMS AND CONDITIONS AS THEY MAY APPLY TO YOU.

AGREEMENT BETWEEN USER AND SELECT WEB VENTURES, LLC
This group of websites is a service of Select Web Ventures, a California limited liability company ("SWV"). These Web sites ("WEBSITES") are 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 any of the WEBSITES constitutes your agreement to all such terms, conditions, and notices. The right to use the WEBSITES and any other product or service offered by SWV is personal to User and is not transferable by assignment, sublicense, or any other method to any other person or entity.

USER INFORMATION
When setting up an account, User shall provide accurate, complete, and updated information as to his or her real name and valid email address and contact information. 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 SWV, at its sole discretion, deems offensive.

PASSWORD DISCLOSURE
User acknowledges that his or her right to use the WEBSITES 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 any of the WEBSITES 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 SWV (by notice given to pedigree@selectwv.com).

PERSONAL AND NON-COMMERCIAL USE LIMITATION
The WEBSITES are 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 the WEBSITES.

DUTIES OF THE USER
In accessing or using the 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.

SWV may deny access to the WEBSITES at any time, in particular if the User breaches any obligation arising from these Terms of Use.

NATURE OF SERVICE
Neither SWV nor anyone affiliated with SWV is responsible for any decision made as a result of information provided by the WEBSITES. While we strive to present useful information, SWV 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 SWV’s computer systems or any of the WEBSITES to automate the process of obtaining, downloading, transferring or transmitting any content from SWV’s computer systems or WEBSITES.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. USER EXPRESSLY AGREES THAT USE OF THE WEBSITES IS AT HIS OR HER SOLE RISK. NEITHER SWV, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THE WEBSITES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITEs OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE WEBSITES.
B. THE WEBSITES ARE 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 SWV OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING ANY OF THE WEBSITES 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 THE WEBSITES OR OUT OF THE BREACH OF ANY WARRANTY. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE WEBSITES.
E. SWV 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 THE WEBSITES. UNDER NO CIRCUMSTANCES WILL SWV BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON ANY OF THE WEBSITES. IT IS THE RESPONSIBILITY OF EACH USER TO EVALUATE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE, OR OTHER CONTENT AVAILABLE THROUGH THE WEBSITES.
G. USER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL SWV, 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 OR WEBSITES.
H. USER AGREES THAT THE LIABILITY OF SWV, 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 THE WEBSITES OR THE INFORMATION IN THE WEBSITES SHALL NOT EXCEED THE AMOUNT USER PAID TO SWV, FOR USE OF THE WEBSITES. 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 SWV, 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 the WEBSITES or information obtained from the WEBSITES, 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 the WEBSITES.

LINKS OR PUBLISHING TO THIRD-PARTY SITES
The WEBSITES may contain hyperlinks or publish pedigrees and information to other websites operated by parties other than SWV, and other resources and advertisers. Such hyperlinks, pedigrees, and information are provided for User's reference only. SWV 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. SWV's inclusion of hyperlinks to or information on such webbsites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall SWV 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 the WEBSITES 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 the WEBSITES to anyone, including but not limited to others in the same company or organization, without the express prior written consent of SWV.

Certain names, logos, and/or phrases on these WEBSITES may constitute trademarks and/or copyrights of SWV or others. 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.

You will not use the WEBSITES to violate the copyright, trademark, right of publicity or other intellectual property rights of any person or other entity. By submitting material or content to be posted on one or more of the WEBSITES, you are representing that you are the owner of the material, or are making your submission with the explicit consent of the owner and that you have obtained all necessary releases associated with the public display and commercial user of the materials. If you are the owner of copyrighted material (or a patent or trademark) that you believe was uploaded by one of the Website's users, you should contact our copyright officer by emailing pedigree@selectwv.com with all of the following information:

  • Name and signature of the owner that has the exclusive right to the material that is allegedly being infringed
  • The copyrighted work(s) that is allegedly being infringed
  • The identification of the material that is allegedly infringing your copyright, patent, or trademark in the Website
  • Contact information such as address, email address, or phone number for our copyright officer
  • A statement from the owner or its agent stating that the allegedly infringing material was never given authorization to be used
  • A declaration, preferably with a letterhead, that states the information provided to our copyright officer is 100% accurate, and that under the penalty of perjury, you have the authority to take action against those who have allegedly infringed

TRADEMARKS
The Pedigree Online pink and blue box/arrow design and logo, Pedigree Online, Pedigreequery.com, Allbreedpedigree.com, and Pedigreeonline.com are servicemarks of Select Web Ventures, LLC, and may not be used without the express written permission of Select Web Ventures, LLC

MODIFICATION OF SERVICE
SWV shall have the right at any time to impose, change, or modify the subscription service applicable to User's use of the WEBSITES, 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
SWV shall have the right at any time to impose, change, or modify these terms and conditions applicable to User's use of the WEBSITES, 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 WEBSITES a revised version of this Agreement. 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 the WEBSITES 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
User's subscription will automatically renew at the end of the subscription period, unless this option is de-seleted during the registration process. 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 SWV 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 SWV in operating the WEBSITES, (ii) content available through the WEBSITES 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 345 S. Coast Hwy 101, Suite M2, by sending email to pedigree@selectwv.com, or by using the service termination form on the WEBSITES. User's notice of termination will be effective upon receipt by SWV. SWV 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 SWV 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, SWV 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 SWV 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 the WEBSITES, and User shall be responsible for all charges related thereto.

PRIVACY
Personal data provided by User to SWV will be used only in connection with services provided on the WEBSITES 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 the WEBSITES established by SWV 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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