These End User Terms and Conditions (the “Terms”) govern your access to the Soft Coated Wheaten Terrier Club of America ("SCWTCA") website, Stud Registry, and other message boards and services SCWTCA may establish from time to time (collectively, the "Service"). The Service is provided on the condition that you agree to these Terms.

IMPORTANT:
THESE TERMS ARE ENTERED INTO BY AND BETWEEN SCWTCA AND YOU, AND YOU ACCEPT THEM BY: (a) USING THE WEBSITE IN ANY MANNER; AND/OR (b) ACKNOWLEDGING AGREEMENT WITH THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.
AGREEMENT TERMS

These Terms may be modified by SCWTCA from time to time. SCWTCA will provide notice of materially significant changes to these Terms by posting notice on its site. You can review the most current version of these Terms at: www.scwtca.org. By using the Service in any way, you are agreeing to comply with these Terms as they may be modified. Should you object to any term or condition of these Terms or any subsequent modifications, or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service.

CONTENT

The Stud Registry is offered as a courtesy of SCWTCA to assist breeders in locating quality dogs available for stud. The Stud Registry is voluntary. The dogs submitted for listing on the Stud Registry must be owned or co-owned by members of SCWTCA in good standing. SCWTCA is not under any obligation to independently evaluate the dogs listed on the Stud Registry for pedigree. Listing on the Stud Registry does not constitute approval or recommendation of any dog or breeder by SCWTCA. SCWTCA is committed to its Mission and its Code of Ethics in responsible breeding to the Soft Coated Wheaten Terrier Standard as approved by the American Kennel Club.

SCWTCA is not obligated to monitor the Service or review any messages posted, but may do so and may remove or edit any message. Opinions expressed and data provided on the Stud Registry or other SCWTCA message board are those of the message author and not of SCWTCA. SCWTCA makes no representations or warranties concerning the truth or accuracy of any assertion of fact made by message authors on the Stud Registry or other SCWTCA message board. You are entirely responsible for all content that you post, email or otherwise make available via the Service. SCWTCA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF ANY MESSAGES POSTED BY THIRD PARTIES OR YOU TO THE STUD REGISTRY OR ANY MESSAGE BOARD.

RESTRICTIONS
You must be at least eighteen (18) years old to use the Service. You agree not to post, email, or otherwise make available content that:
  • is unlawful, harmful, threatening, abusive, harassing, defamatory, pornographic, libelous, invasive of another's privacy, or harms minors in any way;
  • harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • impersonates any person or entity, or falsely states or otherwise misrepresents your affiliation with a person or entity;
  • includes personal or identifying information about another person without that person's explicit consent;
  • is false, deceptive, misleading, or deceitful;
  • infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • includes links to commercial services or web sites;
  • advertises any illegal services or the sale of any items the sale of which is prohibited or restricted by applicable law, including without limitation items the sale of which is prohibited or regulated by law;
  • contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of content transmitted through the Service.
Additionally, you agree not to:
  • contact anyone who has asked not to be contacted;
  • "stalk" or otherwise harass anyone;
  • collect personal data about other users for commercial or unlawful purposes.
RESTRICTIONS NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to SCWTCA member email addresses or through SCWTCA computer systems is expressly prohibited by these Terms. Any unauthorized use of SCWTCA computer systems is a violation of these Terms and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.), Section 502 of the California Penal Code and Section 17538.45 of the California Business and Professions Code. Such violations may subject the sender and his or her agents to civil and criminal penalties.

DISCLAIMER OF WARRANTIES

THE SERVICE IS PROVIDED "AS IS." THERE MAY BE, AMONG OTHER THINGS, UNEXPECTED DOWNTIMES, LOSS OF DATA, OR INTERRUPTIONS OF SERVICE. SCWTCA SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES YOU MAY SUFFER AS A RESULT OF SUCH INTERRUPTIONS OR DATA LOSSES, OR OTHERWISE AS A RESULT OF YOUR USE OR INABILITY TO USE THE SERVICE, INCLUDING WITHOUT LIMITATION LOSS OF BUSINESS.

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. SCWTCA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SCWTCA DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE SCWTCA SITE AND THE SERVICE AS WELL AS ANY GOODS RECEIVED THROUGH OR ADVERTISED ON THE SCWTCA SITE. SOME JURISDICTIONS DO NOT PERMIT DISCLAIMERS OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

WAIVER OF DAMAGES

NOTWITHSTANDING ANYTHING ELSE IN THESE TERMS OR OTHERWISE, SCWTCA SHALL NOT BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOST PROFITS, GOODWILL, OR OTHER LOSSES (EVEN IF SCWTCA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICE. SOME JURISDICTIONS DO NOT PERMIT EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES. ACCORDINGLY, SOME OF THE LIMITATIONS HEREIN MAY NOT APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify and hold harmless SCWTCA and its contractors, agents, employees, officers, directors, shareholders and affiliates from any losses, damages, or costs, including reasonable attorney's fees, resulting from any claim or demand arising out of or in connection with to your (including your contractors’, agents’, employees’, officers’, directors’, shareholders’, and affiliates’) use of the Service, including without limitation claims arising out of or related to any breeding that occurs directly or indirectly from the use of the Stud Registry, your violation of these terms or service, your violation of the rights of another person, or the content of any message or messages posted to a SCWTCA message board.

TERMINATION

You agree that SCWTCA, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any content within the Service, for any reason, including, without limitation, if SCWTCA believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that SCWTCA shall not be liable to you or any third-party for any termination of your access to the Service.

GENERAL TERMS

Any information that is disclosed on a SCWTCA message board becomes public information. You should exercise caution when deciding to disclose your personal information.

SCWTCA does not claim ownership of content you or third-parties post to a board. With respect to content that you post or make available through a board, however, without limiting any other rights these usage terms afford to SCWTCA, you grant SCWTCA a world-wide, perpetual, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such content for the purpose of providing and promoting the Service.

Should SCWTCA decide, in its sole discretion, that it needs to discover your identity to enforce these Terms against you, you waive any right you might otherwise have had to prevent SCWTCA from learning your identity from your internet service provider.

The Terms create no third-party beneficiaries.

The Terms constitute the entire agreement between you and SCWTCA and govern your use of the Service, superceding any prior agreements between you and SCWTCA. The Terms and the relationship between you and SCWTCA shall be governed by the laws of the State of New York without regard to its conflict of law provisions. You and SCWTCA agree to submit to the personal and exclusive jurisdiction of the courts located within the Borough of Manhattan, New York. The failure of SCWTCA to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms 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 Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Last Revised August 2004


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