Terms of Use
Terms of Use
BetterBred LLC ("Us", "We" or "Our") is pleased to welcome you ("You" or "Your") to Our website ("Site"). In order to use the Site, You must accept the terms and conditions stated in the agreement below ("Agreement").
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, YOU MAY NOT USE THE SITE.
1. Description of Site and Users
The Site is a publicly accessible website (with certain password-protected areas) that allows registered users ("Registered User(s)") to post Canine Diversity test results, health test results, as well as photos, descriptions, titles and other data owned by them about their dogs, and to purchase subscriptions to use our software as a service and courses ("Services"). It allows the general public ("Public User(s)") to browse our blog posts and amalgamated dog breed data. Subscribers, Registered Users and Public Users shall be collectively referred to herein as "User(s)."
2. Age Requirement
By using this Site, You certify that You are at least 18 years of age. If you are under 13 years of age, then you are not permitted to use this Site. If You are 13 to 17 years of age, then you are permitted to use this Site, provided, however, that Your parent or legal guardian must accept the terms of this Agreement and agree to be bound by this Agreement on your behalf.
3. Acceptance of Terms
Your Acceptance of These Terms
You agree that this Agreement forms a legally binding agreement between You and Us relating to Your ability to use the Site and the Services provided therein. You agree to all of the terms and conditions set forth in this Agreement by using the Site. You agree to use the Site only for lawful purposes permitted under this Agreement and in accordance with applicable law in Your relevant jurisdiction.
Additional Policies
You understand and agree that there are additional policies ("Additional Policies") that are also part of this Agreement and that they are binding on You and Us as if they were included word for word in this Agreement. If You do not agree to all of the terms and conditions in this Agreement and in the Additional Policies, You may not use the Site.
Privacy Policy
As a condition to using the Site, You agree to the terms of the Privacy Policy. Information collected about You by the Site is subject to the Privacy Policy, which may be updated from time to time.
Acceptable Use Policy
As a condition to using the Site and Services, You agree to the terms of the Acceptable Use Policy. Your Use of the Services and Site is subject to the Acceptable Use Policy, which may be updated from time to time.
4. Site Content is for Informational Use Only
THE CONTENT DISPLAYED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY. SUCH CONTENT WAS CREATED BY A VARIETY OF AUTHORS AND MAY OR MAY NOT BE CONSIDERED AUTHORED BY US. WE MAKE NO WARRANTY AS TO THE CONTENT OR THE INFORMATION CONTAINED THEREIN. WE RESERVE THE RIGHT TO TERMINATE YOUR USER ACCOUNT AND THIS AGREEMENT IF IT APPEAR OUR SITES OR SERVICES ARE BEING USED IN A MANNER CONTRARY TO THE ABOVE.
5. Your Right to Use the Site
Access to the Site
Subject to the terms set forth in this Agreement, We grant to You a limited, non-exclusive, non-transferable, and terminable license to use the Site.
Proprietary Rights
You acknowledge and agree that the Site contains proprietary Services and confidential information that belongs to Us or Our licensors. You agree that the Services and confidential information are protected by laws, including, but not limited to, laws relating to patents, copyrights, trademarks, trade secrets, other proprietary and intellectual property rights, unfair competition, and privacy rights and laws (collectively, "Proprietary Rights").
Content
You understand and agree that all information, including, but not limited to data, test results, text, graphics, pictures, audio, video, links, addresses, calculations based on that data using our Services and any other materials that You obtain through the Site (collectively, "Content") is the responsibility of the persons or entities who post such Content and not Our responsibility. We do not control all Content available through the Site nor do We have any obligation to review, refuse, or remove any Content available through the Site.
No Reverse Engineering
You understand and agree that the rights granted to You are provided on the condition that You do not copy, modify, create a derivative work of, reverse engineer, reverse assemble, disassemble, decompile, publicly display, retransmit, sell, lease, or transfer the Site, Services, or any part thereof, or likewise attempt to discover, copy, or re-use any source code.
6. Your Content
Grant of License
Except as separately agreed to in writing between Us and You, You retain Your rights to Your Content which you submit, post or display on or through the Services and/or Site, and by submitting, posting or displaying Your Content, You grant Us a worldwide, perpetual, irrevocable, non-exclusive, transferable, royalty-free license to use, copy, reproduce, process, adapt, modify, archive, publish, transmit, display, distribute, and create derivative works from Your Content in any and all media or distribution methods.
No Compensation
Additional uses of your Content may be made with no compensation paid to You.
7. Accounts
User Accounts
In order to access or utilize certain aspects of the Site, You may be required to establish and maintain a valid user account ("User Account") with Us. You are solely responsible for maintaining the confidentiality of information relating to your User Account.
Accurate Information
You agree to provide accurate, current and complete information concerning Your User Account and to use reasonable efforts to maintain and promptly update that information.
Responsibility
You understand and agree You are solely responsible for all activities that occur through Your User Account.
8. Links and Dealings with Outside Parties
We have no control over any links or other resources available to You via the Site. Your interaction with any third parties via the Site are solely between You and such parties. We do not endorse any content, advertising, products, or other materials on or available from such resources. You agree that We will not be liable, directly or indirectly for any loss or damage of any kind arising out of or related to any such interactions.
9. Modifications to the Site
You understand and agree that We reserve the right to modify, suspend or discontinue any part or all of the Site or the Services at any time and that We will not be liable to You for doing so.
10. Payments and Taxes
Our list of authorized payment sources and additional details relating to payments may be found in the Payment Policy, and you agree to the terms and conditions found in the Payment Policy. YOU ARE FULLY RESPONSIBLE FOR ALL CHARGES TO YOUR USER ACCOUNT AND PAYMENT SOURCE.
11. Access and Security
Your Responsibilities
It is strongly recommended that You log out and close all windows when you conclude your sessions with the Site. You are responsible for all of Your activities that occur through or in connection with the Site, and for implementing security procedures necessary to limit access to the Site, including the maintenance of the confidentiality of all usernames and passwords.
If You suspect or become aware of any loss of Your password or any unauthorized access to Your accounts, You must immediately notify Us at support@betterbred.com.
Security of Your Content
Posting Your Content via the Internet inherently poses the risk of loss and unintended disclosure. We will make reasonable efforts to prevent Your Content from unintended disclosure, but we cannot guarantee these settings will prevent Your Content from being accessed by unintended third parties. You are responsible for backing up all of Your Content that you post on the Site.
12. Suspensions
We reserve the right to remove Services and suspend any access to the Site, as We may determine in Our sole discretion, including but not limited to: violation of the terms of this Agreement, defamatory or damaging comments, abuse of the Site, virus or malware concerns, notification of possible infringement of another's rights, or compliance with laws.
13. Termination of Your Account
Termination by You
You may cancel Your use of the Site at any time by providing written notice to Us in accordance with Our then-current account termination policy.
Termination by Us
We may cancel Your use of the Site for breaches of this Agreement, requests by law enforcement, security or technical issues, non-payment of fees, or extended periods of inactivity.
Effects of Termination
Upon termination, We may remove or delete any Content associated with You. We will have no further obligation to grant You any access to or use of the Site.
14. Your Indemnification of Us
You will indemnify, defend, and hold Us harmless from and against all liabilities, damages, and costs (including reasonable attorneys' fees) arising out of or related to: Your infringement of any Proprietary Rights; any of Your acts or omissions; any claims arising out of Your Content; Your interaction with other Users; or Your use of the Site in violation of this Agreement.
15. Representations, Warranties and Disclaimers
Your Representations and Warranties
You represent and warrant that all information You provide to Us is correct; You have all rights necessary to grant the rights granted herein; You will use the Site in compliance with all applicable laws; and You will not use the Site in a manner that interferes with any websites or network resources operated by Us or any third party.
Disclaimer of Warranties
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE SECURE OR ERROR-FREE, OR THAT ANY ERRORS WILL BE CORRECTED.
16. Limitation of Liabilities
WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF GOODWILL, LOSS OF USE, OR LOSS OF DATA, RESULTING FROM USE OR INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO YOUR DATA, OR ANY OTHER MATTER RELATING TO THE SITE.
OUR MAXIMUM AGGREGATE LIABILITY TO YOU IS LIMITED TO THE GREATER OF: (i) THE SUBSCRIPTION FEES YOU PAID US IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO THE CLAIM; OR (ii) FIVE DOLLARS ($5 USD) IF YOU DID NOT PAY ANY FEES TO US.
17. General Terms
Entire Agreement
Except for the Additional Policies, this Agreement constitutes the entire agreement between Us and You regarding the Site and supersedes any prior agreements with respect to the Site.
Choice of Law
This Agreement will be governed by the law of the State of New York, USA, without regard to conflicts of law principles.
No Waiver
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of that right or provision.
Our Right to Amend the Agreement
We have the right to update this Agreement at any time. It is your responsibility to check to see if this Agreement has been updated. Your continued use of the Site following an update constitutes acceptance of the updated Agreement.
Export Control Notice
You acknowledge and agree that your use of the Site and any Services obtained through it may be subject to United States export control laws, and that You are exclusively responsible for compliance with those laws.