Breeders Bootcamp Terms of Service
Effective date: 4/13/2021
TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY. BY ACCESSING OR USING OUR SITE AND OUR SERVICES, YOU HEREBY AGREE TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE PROCEEDING TO USE THIS SITE.
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users, prospective users and others which may interact or interface with Breeders Boot Camp LLC and our subsidiaries and affiliates, in association with the use of any websites owned by or affiliated with Breeders Boot Camp, LLC (the “Site”) and the services it offers (the “Services”) as described in this TOS.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is an e-commerce website that offers an online program for dog breeders, delivered primarily through videos produced by Breeders Boot Camp LLC. The program is a one-time purchase that grants the user access to the content offered.
You, as a user of our Site and Services, acknowledge and agree that the Services provided and made available through the Site, are the sole property of Breeders Boot Camp LLC. At its discretion, Breeders Boot Camp LLC may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products and any and all updated, modified or revised Services unless otherwise stipulated. Breeders Boot Camp LLC does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products.
To register and become a “member” of the Site, you must be at least 18 years of age to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Breeders Boot Camp’s Services under the laws and statutes of the United States or other applicable jurisdiction.
When you register, Breeders Boot Camp may collect information such as your name, e-mail address, birth date, gender, mailing address, occupation, industry and personal interests. You can edit your account information at any time. Once you register with Breeders Boot Camp and sign in to our Services, you are no longer anonymous to us.
Furthermore, the registering party hereby acknowledges, understands and agrees to:
a) furnish factual, correct, current and complete information with regards to yourself as may be requested by the data registration process, and
b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Breeders Boot Camp LLC will have sufficient grounds and rights to suspend or terminate the member in violation of this aspect of the Agreement, and as such refuse any and all current or future use of Breeders Boot Camp LLC Services, or any portion thereof.
MEMBER ACCOUNT, USERNAME, PASSWORD AND SECURITY
When you set up an account, you are the sole authorized user of your account. You shall be responsible for maintaining the secrecy and confidentiality of your password and for all activities that transpire on or within your account. It is your responsibility for any act or omission of any user(s) that access your account information. It shall be your responsibility to notify Breeders Boot Camp LLC immediately if you notice any unauthorized access or use of your account or password or any other breach of security. Breeders Boot Camp LLC shall not be held liable for any loss and/or damage arising from any failure to comply with this term and/or condition of the TOS.
All information, text, software, data, photographs, music, video, messages, tags or any other content, is the sole responsibility of the individual from whom the content originated. In short, this means that you are solely responsible for any and all content posted, uploaded, emailed, transmitted or otherwise made available by way of the Breeders Boot Camp Services, and as such, we do not guarantee the accuracy, integrity or quality of such content.
You agree not to make use of Breeders Boot Camp LLC's Services for any purpose other than your personal education, without the express written consent of Breeders Boot Camp LLC.
Breeders Boot Camp LLC reserves the right to pre-screen, refuse and/or delete any content currently available through our Services. In addition, we reserve the right to remove and/or delete any such content that would violate the TOS or which would otherwise be considered offensive to other visitors, users and/or members.
Breeders Boot Camp reserves the right to access, preserve and/or disclose member account information and/or content if it is requested to do so by law or in good faith belief that any such action is deemed reasonably necessary for:
a) compliance with any legal process;
b) enforcement of the TOS;
c) responding to any claim that therein contained content is in violation of the rights of any third party;
d) responding to requests for customer service; ore) protecting the rights, property or the personal safety of Breeders Boot Camp LLC, its visitors, users and members, including the general public.
Breeders Boot Camp LLC herein reserves the right to include the use of security components that may permit digital information or material to be protected, and that such use of information and/or material is subject to usage guidelines and regulations established by Breeders Boot Camp LLC or any other content providers supplying content services to Breeders Boot Camp LLC. You are hereby prohibited from making any attempt to override or circumvent any of the embedded usage rules in our Services. Furthermore, unauthorized reproduction, publication, distribution, or exhibition of any information or materials supplied by our Services, despite whether done so in whole or in part, is expressly prohibited.
Upon registration, you hereby acknowledge that by using the Site to send electronic communications, which would include, but are not limited to, email, searches, instant messages, uploading of files, photos and/or videos, you will be causing communications to be sent through our computer network. Therefore, through your use, and thus your agreement with this TOS, you are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply with all local rules relating to online conduct and that which is considered acceptable Content. Uploading, posting and/or transferring of software, technology and other technical data may be subject to the export and import laws of the United States and possibly other countries. Through the use of our network, you thus agree to comply with all applicable export and import laws, statutes and regulations, including, but not limited to, the Export Administration Regulations ( http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the United States (http://www.treasury.gov/resource- center/sanctions/Programs/Pages/Programs.aspx). Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm) nor a member of any other government which may be part of an export-prohibited country identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
You hereby grant Breeders Boot Camp LLC a worldwide, royalty-free and non-exclusive license, to use any and all content, including any contributions of feedback, ideas, documents, suggestions and proposals. You further acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Breeders Boot Camp shall not be liable or under any obligation to ensure or maintain confidentiality, expressed or implied, related to any Contributions;
c) Breeders Boot Camp shall be entitled to make use of and/or disclose any such Contributions in any such manner as they may see fit;
d) the contributor's Contributions shall automatically become the sole property of Breeders Boot Camp ; and) Breeders Boot Camp is under no obligation to either compensate or provide any form of reimbursement in any manner or nature.
You agree to indemnify and hold harmless Breeders Boot Camp LLC, our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors, from any claim or demand, arising from or relating to any content you may submit, post, modify, transmit or otherwise make available through our Site.
COMMERCIAL REUSE OF SERVICES
You agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any content on the Site.
USE AND STORAGE GENERAL PRACTICES
You agree that Breeders Boot Camp LLC may establish practices and/or limits regarding the use of our Site or the Services, including without limitation the maximum number of days that any email, message posting or any other uploaded content shall be retained by Breeders Boot Camp LLC, the maximum number of email messages that may be sent and/or received by any member, the maximum volume or size of any email message that may be sent from or received by an account on the Services, the maximum disk space allowable that shall be allocated on Breeders Boot Camp LLC's servers on the member's behalf, and/or the maximum number of times and/or duration that any member may access the Services in a given period of time. You further agree that Breeders Boot Camp LLC has absolutely no responsibility or liability for the removal or failure to maintain storage of any messages and/or other communications or content maintained or transmitted. Breeders Boot Camp, LLC reserves the right to delete or remove any account that is no longer active for an extended period of time. Furthermore, Breeders Boot Camp LLC shall reserve the right to modify, alter and/or update these general practices and limits at our discretion.
Breeders Boot Camp LLC reserves the right to modify or discontinue the Services without prior notice. Breeders Boot Camp LLC shall not be held liable for any such modification or discontinuance.
You may cancel or terminate your account, associated email address and/or access to our Services by submitting a cancellation or termination request to [email protected]
You agree that Breeders Boot Camp LLC may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, any email associated with your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
a) any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
b) by way of requests from law enforcement or any other governmental agencies;
c) the discontinuance, alteration and/or material modification to our Services, or any part thereof;
d) unexpected technical or security issues and/or problems;
e) any extended periods of inactivity;
f) any engagement by you in any fraudulent or illegal activities; and/or
g) the nonpayment of any associated fees that may be owed by you in connection with the Services.
Any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion. Breeders Boot Camp shall not be liable to you or any other third party with regards to the termination of your account, associated email address and/or access to any of our Services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers or affiliates through the Site or in relation to the Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Breeders Boot Camp LLC shall not be responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Breeders Boot Camp LLC may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Breeders Boot Camp LLC shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
You acknowledge and agree that Breeders Boot Camp LLC's Site, Services and any essential software that may be used in connection with our Services (“Software”) contains proprietary and confidential material protected by intellectual property rights and other laws. You agree that any Content contained in any advertisements or information presented by and through our Site or Services or by advertisers is protected by copyrights, trademarks, patents or other proprietary rights and laws. Accordingly, except as expressly permitted by applicable law or as authorized by Breeders Boot Camp LLC or such applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit, broadcast, publicly perform and/or created any works offered by or through Breeders Boot Camp LLC, in whole or part.
Breeders Boot Camp LLC has granted you a limited, personal, non-transferable and non-exclusive right to access and use our Services strictly for personal educational enrichment on a single computer. You shall not, and shall not allow any third party, to duplicate, alter, modify, create or plagiarize work from any Breeders Boot Camp content. You further agree not to access or attempt to access our Services through any means other than through the interface provided by Breeders Boot Camp LLC for use in accessing our Services.
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) YOUR USE OF BREEDERS BOOT CAMP LLC CONTENT IS AT YOUR SOLE RISK. OUR SERVICES AND ANY RELATED SOFTWARE SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. BREEDERS BOOT CAMP LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b) BREEDERS BOOT CAMP LLC AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i) BREEDERS BOOT CAMP LLC SERVICES OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) BREEDERS BOOT CAMP LLC SERVICES OR SOFTWARE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE BREEDERS BOOT CAMP LLC SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF BREEDERS BOOT CAMP LLC SERVICES OR SOFTWARE SHALL BE ACCESSED AT YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM BREEDERS BOOT CAMP LLC OR BY WAY OF OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TOS.
e) YOU ACKNOWLEDGE AND AGREE THAT BREEDERS BOOT CAMP LLC DOES NOT PROVIDE MEDICAL OR LEGAL ADVICE IN CONNECTION WITH THE SERVICES, AND NO CONTENT PROVIDED BY BREEDERS BOOT CAMP LLC SHALL BE DEEMED AS MEDICAL OR LEGAL ADVICE. YOU ARE ADVISED IN ALL LEGAL OR MEDICAL MATTERS TO SEEK THE ADVICE OF COMPETENT LICENSED MEDICAL OR LEGAL PROFESSIONALS, AS THE CASE MAY BE.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT BREEDERS BOOT CAMP LLC AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS,GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
IN THE EVENT BREEDERS BOOT CAMP LLC IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE FOR ANY DAMAGES, ANY RECOVERY OF SUCH DAMAGES SHALL BE LIMITED TO THE PURCHASE PRICE OF THE SERVICES OR PRODUCTS PURCHASED BY YOU FROM BREEDERS BOOT CAMP LLC.
In the event you have a dispute, you agree to release Breeders Boot Camp LLC (and its officers, directors, employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way connected to such dispute.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS, that there shall be no third-party beneficiaries to this agreement.
Breeders Boot Camp LLC may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website Services, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
You herein acknowledge, understand and agree that all of the Breeders Boot Camp LLC trademarks, copyright, trade name, service marks, and other Breeders Boot Camp LLC logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Breeders Boot Camp LLC. You herein agree not to display and/or use in any manner the Breeders Boot Camp LLC logo or marks or works without obtaining Breeders Boot Camp LLC's prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
Breeders Boot Camp LLC may disable and/or terminate the accounts of any user who violates our TOS and/or infringes the rights of others. If you feel that your work has been duplicated in such a way that would constitute copyright infringement, or if you believe your intellectual property rights have been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not authorized by the copyright owner, its agents or the law; and
f) A statement, made under penalty of perjury, that the aforementioned information in your notice is truthful and accurate, and that you are the copyright or intellectual property owner, representative or agent authorized to act on the copyright or intellectual property owner's behalf.
The Breeders Boot Camp LLC Agent for notice of claims of copyright or other intellectual property infringement can be contacted as follows:
Mailing Address: PO Box 6324 1721 N 400 E Logan, UT 84341
Telephone: (435) 554-8013
Email: [email protected]
This TOS constitutes the entire agreement between you and Breeders Boot Camp LLC and shall govern the use of our Site and Services, superseding any prior version of this TOS between you and us with respect to Breeders Boot Camp LLC Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Breeders Boot Camp LLC Services, affiliate Services, third-party content or third-party software.
CHOICE OF LAW AND FORUM
The relationship between you and Breeders Boot Camp LLC, and all matters relating thereto, shall be governed by the laws of the state of Utah without regard to its conflict of law provisions. Any and all claims, causes of action and/or disputes, arising out of or relating to the TOS, the Services or the Site, shall be filed within the courts having jurisdiction within Cache County, Utah or the U.S. District Court located in the State of Utah. You agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Breeders Boot Camp LLC fail to exercise or enforce any right or provision of the TOS, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
NO RIGHT OF SURVIVORSHIP NON-TRANSFERABILITY
You acknowledge, understand and agree that your account is non-transferable and any rights relating to your account shall terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any claim or action arising out of or related to the use of our Services or the TOS must be filed within one year after said claim or cause of action arose or shall be forever barred.
Please report any and all violations of this TOS to Breeders Boot Camp LLC as follows:
Mailing Address: PO Box 6324 1721 N 400 E Logan, UT 84341
Telephone: (435) 554-8013
Email: [email protected]