ENGLISH TOY SPANIEL CLUB OF AMERICA, INC.
TERMS AND CONDITIONS OF USE
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEB SITE.
Welcome to the website of the English Toy Spaniel Club of America, Inc. (ETSCA)
The ETSCA owns and operates this web site (the “Web Site”) as a service to its visitors subject to these Terms and Conditions of Use and all modifications thereto, in addition to guidelines that may be published from time to time by ETSCA (the “Terms”). By entering and/or using this and other web sites owned, operated or maintained by ETSCA you, the user, accept and agree to be bound by the Terms. ETSCA reserves the right to modify the Terms at any time, and without actual notice to you. All such changes to these Terms will appear on this Web Site. By entering and/or using this Web Site following any modifications to the Terms, you agree to be bound by any such modifications to the Terms. Please check the Terms whenever you use the Web Site to determine whether the Terms have changed.
YOU MAY NOT ACCESS OR OTHERWISE USE THIS WEB SITE OR ANY MATERIALS OR SERVICES AVAILABLE THROUGH THIS WEB SITE IF, AT ANY TIME, YOU DO NOT AGREE TO THESE TERMS.
WEB SITE SERVICES
The Web Site is intended to provide information about and communications from ETSCA to ETSCA members and the general public.
The operations, businesses, and properties found in the Web Site are owned or operated by ETSCA
INTELLECTUAL PROPERTY RIGHTS
The information contained on this Web Site, unless otherwise indicated, constitutes intellectual property (patents, trademarks, copyrights) of ETSCA and are protected by state and federal law. Except as otherwise provided in these Terms, you may not download or save a copy of the Web Site or any portion thereof, for any purpose. These web pages or any portions thereof may not be reproduced or redistributed for commercial gain. Subject to copyright notice and the trademark use/link limitations contained in these Terms, you may, however, print a copy of individual screens appearing as part of the Web Site solely for your personal, non-commercial, or non-profit educational use, provided that any marks, logos, copyright notices, or other legends that appear on the copied screens remain on, and are not removed from the printed or stored images of any such screens. Except as expressly permitted, you may not modify, copy, publish, display, transmit, adapt, create derivative works from, or in any way use the content of the Web Site.
Only if you obtain prior written consent from us may you publish, copy, display, or commercially use any material from the Web Site. If permission is granted by us and by all other entities with an interest in the relevant intellectual property, you may not change or delete any author attribution, trademark, legend, or copyright notice. Further, you may not use any ETSCA logos without the prior written consent of ETSCA. All trademark and copyrighted material contained herein that are not owned by ETSCA are reserved by their respective owners. Permission to use such intellectual property should be obtained from the owner
DISCLAIMER OF WARRANTIES
THIS WEB SITE AND THE MATERIALS, INFORMATION AND SERVICES PROVIDED ON THIS WEB SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. FURTHER, ETSCA disclaim any and all warranties concerning the availability, accessibility, accuracy, appropriateness, reliability, timeliness, or usefulness of the content of the web site. This disclaimer of liability applies to any damages or injuries occurring as a result of: (i) any error, omission, deletion, or defect in the content, or (ii) any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of record, unauthorized access to, alteration of, or use of record, whether for breach of contract, tort, negligence, defamation, or any other cause of action. ETSCA does not warrant or guarantee: (i) that any portion of the web site will be free of infection by viruses, worms, trojan horses, or anything else manifesting contaminating or destructive properties; or (ii) that access to the web site will be uninterrupted or error-free.
LIMITATION OF LIABILITY
Under no circumstances, including, but not limited to, negligence, shall ETSCA be liable to any party for: (i) any direct, indirect, special, punitive, incidental, exemplary, consequential (including, but not limited to, damages for business interruption, loss of business profits, loss of programs, or loss of information), or any other damages arising out of or in connection with this web site, the materials on this web site, these terms or the availability, use, reliance on, or inability to use this web site or the materials on this web site or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the web site. In no event shall ETSCA’s total liability to you herein, for any claim or action arising from use of the web site (whether in contract, tort, or otherwise) exceed $100. Some states or jurisdictions do not allow the foregoing limitations of liability, so they may not apply to you. In such event, the lowest limitation of liability permitted in such state will apply to any liability by ETSCA
INDEMINFICATION
You agree to indemnify, defend and hold ESCA and their officers, directors, agents, members, employees and representatives (“ETSCA Parties”) harmless from and against any claims, liabilities, losses, costs and expenses, including reasonable attorney fees and court costs, incurred by any ETSCA Party in connection with: (i) any use or alleged use of the web site or materials by you or any person, whether or not authorized by you; (ii) your violation of the Terms; and (iii) your violation of the rights of any other party or entity
THIRD PARTY LINKS
You may be able to link to third parties’ web sites (“Linked Sites”) from this Web Site. Linked Sites are not, however, reviewed, controlled, or examined by ETSCA in any way and ETSCA is not responsible for the content, availability, advertising, products, or other materials of any such linked sites, or any additional links contained therein. These links do not imply ETSCA endorsement of or association with the linked sites and ETSCA makes no representations as to the quality, suitability, functionality, or legality of any sites to which links may be provided, and you hereby waive any claim you have against the ETSCA Parties with respect to such sites. It is your sole responsibility to comply with the appropriate terms of service of the linked sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security, and export laws related to the use of such linked sites and any content contained thereon. You should be aware that the privacy policies at the linked sites may be different from the privacy policy governing this web site (see below). It is your sole responsibility to read and adhere to the privacy policies of the Linked Sites. ETSCA shall not be responsible for the use of any information that you may submit to the Linked Sites. Further, in no event shall ETSCA be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through these Linked Sites. You should direct any concerns to the administrators or webmasters of these respective Linked Sites. ETSCA reserves the exclusive right, at its sole discretion, to add, change, decline, or remove, without notice, any feature or link to any of the Linked Sites from the ETSCA Web Site and/or introduce different features or links to different users.
SUBMITTED MATERIALS
Unless specifically requested, ETSCA does not solicit nor does it wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, by e-mail, or in any other way. By submitting or sending information or other material to ETSCA you represent and warrant that the information is original to you and that no other party has any rights to the material. By submitting or sending information or other material toETSCA you grant ETSCA the royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. You also agree that any and all rights in posted materials have been waived. You agree and acknowledge that by using this Web Site, any and all communications and/or information transmitted by you to or through the Web Site will not be treated as confidential or proprietary.
GOVERNING LAW AND ARBITRATION
Your use of this Web Site is governed by federal, state and local laws. Any controversy or claim arising out of or relating to these Terms, the Web Site, your use of this Web Site or the goods or services provided on this Web Site shall be resolved through binding arbitration using the then current rules of the American Arbitration Association. This means that if you have a grievance with us, you cannot take us to court. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All arbitration shall take place in a location of our choice. This provision does not prevent us from seeking interim or preliminary relief from a court of competent jurisdiction as necessary to protect our rights or property pending the completion of arbitration.
PERSONALLY IDENTIFIABLE INFORMATION
When you submit a request or electronically pass information to ETSCA (including, but not limited to, comments & feedback), you are sometimes asked to provide certain information, including, but not limited to, your name, address, phone and fax numbers, e-mail address. We ask for this personally identifiable information in order to facilitate your requests, provide personalized service and communicate separately with you. Except as otherwise set forth herein, we do not sell, trade, or rent your personally identifiable information with any third parties outside of ETSCA
Because we rely on third party commercial software and programs to operate our servers, we may inadvertently collect personal information due to certain automatic functions or features contained in such software or due to certain software changes or upgrades. We will use reasonable efforts to remove any such information after we discover such information in our system. If you know of any such unintended collections, please notify us promptly so we can take the necessary action to remove such information from our system.
We reserve the right, at our sole discretion, to change, modify, add, or remove portions from this privacy policy at any time. Your continued use of the Web Site following the posting of changes to these terms means you accept these changes.
SECURITY
ETSCA take security very seriously. However, due to the open communication nature of the Internet, ETSCA cannot guarantee that communications between you and ETSCA and you will be free from unauthorized access by third parties. Users of the Web Site use the Web Site at their own risk.
SEVERABILITY AND ENFORCEABILITY
If any part of these Terms is held illegal, invalid, or unenforceable, in whole or in part, the Terms shall be modified to the minimum extent necessary to correct any deficiencies and such illegality, invalidity, or unenforceability shall not affect the legality, validity or enforceability of the remainder of these Terms.