THE UNITED STATES SERVICE DOG REGISTRY
TERMS OF ACCESS AND USE
The United States Service Dog Registry warmly welcomes you. The United States Service Dog Registry has been created as a benefit to Service and Assistance Dog owners or handlers living or residing in the United States.
Our purpose is to create a powerful reference, information and educational tool for all Service and Assistance Dog handlers regardless of certification levels, training methods or other affiliations. At the core of that is our deep commitment to do the right thing in all aspects of our business including how we treat the environment, our customers and the Service Dog community as a whole. We are a tool, similar to an online resume or other online profile service. Our intention is to create a friendly and open environment.
We expect and hope that you will use the United States Service Dog Registry as intended and in a responsible and respectful manner.
The following are terms of a legal agreement ("Agreement") between You (hereinafter "You" or "the User") and EBC Partners, LLC, an Illinois Limited Liability Company d/b/a The United States Service Dog Registry ("Registry"). By accessing, browsing and/or otherwise using this web site ("Site"), you acknowledge that you have read, understood and agreed to be bound by these terms and conditions, and to comply with all applicable laws and regulations. If you do not agree to all of these terms and conditions, you may not access, browse and/or use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties.
These terms of access apply to your access to and use of this Site and do not alter in any way the terms and conditions of any other agreement you may have with THE REGISTRY for products, software, services or otherwise, unless otherwise directed by THE REGISTRY. If you breach any of these terms and conditions, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials and discontinue use of any hyperlinks to this Site.
Section I - USE RESTRICTIONS
1.1 No Guarantee of Training; No Verification of Information Provided by Registrants. By accessing the Site and the materials and information thereon, You recognize, agree and understand that the the Registry is not making any representations or warranties regarding the proficiency, training, legal qualification pursuant to the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C §12101, et seq, as amended by the ADA Amendments Act of 2008 (P.L. 110—325) and its implementing regulations, safety, history of vicious or dangerous tendencies (or lack thereof), or other unusual characteristics of any animal(s) which have obtained a Content Patch, Identification Card, Animal Tag 10 digit registration code or other documentation through the Registry or the Registry's Site. You recognize, agree and understand that all information relating to a specific Service Dog registered on the Registry's Site was self-reported by the Registrant or, if a Registrant is under 18 or unable to register themselves, by an individual who is acting on their personal behalf. The Registry has no duty to undertake any independent verification of Registrant-reported information at the time of initial registration, nor at any subsequent times. By accessing this Site and the materials and information thereon, You recognize, agree and understand that the Registry is not making any representations or warranties regarding the proficiency, training, legal qualification pursuant to the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C §12101, et seq, as amended by the ADA Amendments Act of 2008 (P.L. 110—325) and its implementing regulations, safety, history of vicious or dangerous tendencies (or lack thereof), or other unusual characteristics of any Service Dog(s) listed on the Site, or regarding the online or offline conduct of Registrant(s) of such information. You recognize, agree and understand that the accuracy of the information reported by a Registrant is solely dependent upon that Registrant, and that it is his or her sole responsibility to provide complete information on the Site and to keep such information up to date and current. You recognize, agree and understand that You are solely responsible for evaluating and bearing all risks associated with the use or viewing of any content on the Site, including any reliance on the accuracy, completeness and/or usefulness of Registrant-reported content.
1.2 Proprietary Rights. Any of the Registry's Internet operations, design, content, hardware designs, algorithms, software (in source and object forms), user interface designs, other templates and designs, algorithms, architecture, class libraries, and documentation (both printed and electronic), know-how, good will, moral rights, trade secrets and any related intellectual property rights throughout the world, and any derivative works, improvements, modifications, enhancements or extensions thereof shall remain the sole and exclusive property of the Registry, and You shall have no interest in them whatsoever.
1.2.1 Copyright. All Site materials, including but not limited to the the Registry's logo, the names "United States Service Dog Registry", "US Service Dog Registry", the Registry's URL, "usservicedogregistry.org", "usservicedogregistry.com", Content Patches, Identification Cards, Certificates, Animal Tags, 10 Digit Identification Number, text, pictures, graphics and other files and the selection and arrangement thereof are copyrighted materials of EBC Partners, LLC d/b/a The United States Service Dog Registry © 2010, ALL RIGHTS RESERVED, or by the original creator of the material. You may not sell, trade, distribute, copy, reproduce, display, republish, download, or transmit any material on this Site for commercial use without prior written approval of the Registry. You may not "mirror" any material contained on this Site on any other server without prior written permission from the Registry. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.
1.2.2 Trademarks. The trademarks, service marks, trade names, and logos (the "Trademarks") used and displayed on this Site, including but not limited to the the Registry mascot "Reggie the Service Dog", Access Icons and product and service names, constitute registered and unregistered Trademarks of the Registry. In addition, all page headers, custom graphics, button icons, and scripts are service marks, trademarks and/or trade dress of the Registry, and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Registry. You acknowledge that the Trademarks used and displayed on this Site are and shall remain the sole property of the Registry or the Trademark owner. Nothing in this Agreement shall confer any right of ownership of any of the Trademarks in you. Further, nothing in this Site shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark used or displayed on the Site, without the express written permission of the Registry or the Trademark owner. The misuse of the trademarks displayed on this Site, or any other content on the Site, is strictly prohibited.
1.2.3 How to Create Your Own Identification. Notwithstanding the foregoing, a Registrant may use their own name, the registered animal's name, 10 digit identification code and a link to the Registry's website in order to create their own identification card. Such self-created identification cards may not otherwise violate the terms of this Agreement, including Use Restrictions on Proprietary Rights, Copyright and Trademark as set forth in Sections 1.2, 1.2.1 and 1.2.2, above. In other words you may create your own identification materials but you may not use any of our logos, our mascot "Reggie the Service Dog", Access Icons or product or service names as outlined above.
1.3 Hyperlinks. You are granted a limited, nonexclusive right to create a "hypertext" link to this Site provided that such link is to the entry page of this Site and does not portray Registry or any of its products or services in a false, misleading, derogatory, or otherwise defamatory manner. This limited right may be revoked at any time for any reason whatsoever. You may not use framing techniques to enclose any Registry trademark, logo or trade name or other proprietary information including the images found at the Site, the content of any text or the layout/design of any page or any form contained on a page without the Registry's express written consent.
1.4 Links to Advertisers and Resources. As part of our Registry's mission is to help connect Service and Assistance Dog users with Trainers, Breeders or other Companies that may provide educational or other benefits, the Registry provides links to third party resources not affiliated with the Registry. Your correspondence or business dealings with these advertisers are solely between You and such advertiser or resource. Links to third party sites on this Site are provided solely as convenience to you. If you use these links, you will leave this Site. The Registry has not reviewed all of these third party sites and does not control and is not responsible for any of these sites, their content or their policies, including, without limitation, privacy policies or lack thereof. The Registry does not endorse or make any representations about third party sites or any information, software or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party sites linked to this site, you do so entirely at your own risk. You acknowledge and agree that the Registry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party sites.
1.5 Limited Access. Except as otherwise expressly permitted by the Registry, any access or attempt to access other areas of the the Registry's computer system or other information contained on the system for any purposes is strictly prohibited. You agree that you will not use any robot, spider, other automatic device, or manual process to "screen scrape," monitor, "mine," or copy the Web pages on the Site or the content contained therein without the Registry' prior, express, and written permission. You will not spam or send unsolicited e-mail to any other user of the Site for any reason. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Registry's infrastructure.
1.6 Transmitted Or Posted Information. Any material, information or idea you transmit to or post on the Registry's Site by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by the Registry or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products.
1.6.1 Prohibited Postings. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, profane material or any other material, including but not limited to any material that could give rise to any civil or criminal liability under both domestic and international law. You shall not post, transmit, e-mail, re-transmit or store material on or through any of the services provided by the Registry (the "Services") which, in the sole judgment of the the Registry: (i) is in violation of any local, state, federal or non-United States law or regulation, (ii) is threatening, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity (collectively, "Persons") or (iii) violates the rights of any person, including rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you.
You are solely responsible for the content of your transmissions through the Site. You shall be responsible for determining what local, state, national and international laws or regulations are applicable to your use of the Services. In addition, you may only use the Services in a manner that, in the the Registry's sole judgment, is consistent with the purposes of such Services. If you are unsure of whether any contemplated use or action is permitted, please contact the the Registry at firstname.lastname@example.org. By way of example, and not limitation, the following uses described below of the Services are expressly prohibited:
- misrepresent any animal as a Service or Assistance Animal for any reason whatsoever, whether personal, public or private, online or offline.
- intentionally or unintentionally violate any applicable local, state, national or international law, including but not limited to the Americans with Disabilities Act of 1990 (ADA), 42 U.S.C §12101, et seq, as amended by the ADA Amendments Act of 2008 (P.L. 110—325) and its implementing regulations.
- upload, post, e-mail or otherwise transmit any information, data, text, software, music, sound, photographs, graphics, video, messages or other materials (collectively, "Content") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Pornography and pornographic related merchandising are prohibited under all Services, including providing links to pornographic content elsewhere;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to a Registry staff member, official, employee, volunteer, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services or develop restricted or password-only access pages, or hidden pages or images (those not linked to from another accessible page);
- upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, e-mail or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- upload, post, e-mail or otherwise transmit any material that 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;
- disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Services are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- "stalk" or otherwise harass another;
- promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals; and
- effecting security breaches or disruptions of Internet communication. Security breaches include, but are not limited to, accessing data of which you are not an intended recipient or logging into a server or account that you are not expressly authorized to access.
1.6.2 Removal of Postings. You acknowledge that the Registry shall have the right (but not the obligation) in their sole discretion to remove or refuse to post any Content from the website for any reason whatsoever, and without providing notice to the User.
1.6.3 Disclosure of Posters' Identities. You acknowledge, consent and agree that the Registry may access, preserve and disclose your account information and any content therein if required to do so by law or upon developing a good faith belief that such access, preservation or disclosure is reasonably necessary to (1) comply with legal process; (2) enforce the Registry's Terms of Service Agreement; (3) respond to claims that any such content violates the rights of third parties; (4) respond to your requests for customer service; or (5) protect the rights, property or personal safety of the Registry, its users and/or the public.
Section II - LIMITATIONS ON THE REGISTRY'S LIABILITY
2.1 Indemnification. You agree to immediately notify the Registry of and indemnify and hold the Registry, its parents, subsidiaries, affiliates, officers, volunteers, members, managers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the violation of this Agreement by you, arising out of the Content you use, submit, post, transmit, modify or otherwise make available through the Site, or the infringement by You, or another user using your computer, on any intellectual property or other right of any person or entity.
2.2 DISCLAIMER OF WARRANTIES. This Site, including all software, functions, materials, and information, is provided "as is" without warranties of any kind, either express or implied. Your use of the services and materials on this site are at your sole risk. THE REGISTRY disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, merchantability of computer programs, data accuracy, system integration, and informational content.
THE REGISTRY does not warrant or make any representations regarding the operation of this Site, the use, validity, accuracy or reliability of, or the results of the use of the materials on this Site or any other sites linked to this Site. You acknowledge and agree that THE REGISTRY has no responsibility for any errors or omissions in any content posted by You to the Site, including but not limited to the User Profile Pages or blog posts. THE REGISTRY assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. The materials of this Site may be out of date, and THE REGISTRY makes no commitment to update the materials at this Site.
THE REGISTRY does not warrant that the quality of any products, services, information or other material purchased or obtained by through this Site will meet your expectations. THE REGISTRY does not and cannot guarantee or warrant that the files available for downloading from this Site, if any, will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties. THE REGISTRY does not warrant that this Site, software, materials, products, or services will be uninterrupted, timely, secure or error-free or that any defects in this Site, software, materials, products, or services will be corrected.
2.3 LIMITATION OF LIABILITY. In no event will THE REGISTRY, its suppliers or other third parties mentioned at or in this Site be liable for any damages, including, without limitation direct, indirect, special, punitive, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption arising out of relating to the use, inability to use, or resulting from the use of this Site, any web sites linked to this Site, the materials, software or other information contained in any or all such sites, whether based on warranty, contracts, statutes, regulations, tort (including but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages. If your use of the materials or information from this Site results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.
You understand and acknowledge that you may be exposed to content on the Site that You find offensive, indecent or objectionable. Any material downloaded, e-mailed, read, sent through traditional mail or otherwise obtained through the use of the Site or THE REGISTRY's Services is accessed at your own discretion and risk. Content from profile pages and blog comments are accessed at your own discretion and risk. You will be solely responsible and hereby waive any and all claims and causes of action with respect to damage that result from the receipt of such materials.
2.4 One Year Statute of Limitations. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to this Agreement, the Site, or the THE REGISTRY's services must be filed within one (1) year after such claim or cause of action accrued, or else be barred forever.
Section III - MISCELLANEOUS
3.1 Modifications to this Agreement. The Registry may revise this Agreement at any time without notice by updating this posting. By using this Site you agree to be bound by any such revisions and should therefore periodically visit this Site and page to determine the then current terms and conditions of use to which you are bound. As a courtesy, the Registry may, but is not required, to provide You with notice of changes to this Agreement by e-mail, traditional mail, Twitter and/or Blog postings on the Site, or by such other means it deems reasonable in its sole discretion.
The Registry reserves the right at any time to modify or discontinue, temporarily or permanently, the services on this Site, with or without notice to You. You agree that the The Registry shall not be liability to You or any third party for any modification, suspension or discontinuance of services under this Agreement.
3.2 Governing Law and Choice of Forum. This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois notwithstanding any conflict of laws provisions. You irrevocably and unconditionally (i) consent to submit to the exclusive jurisdiction of the state and federal in the County of McHenry County, Illinois (the "Illinois Courts") for any litigation or dispute arising out of or relating to this Agreement, (ii) agree not to commence any litigation arising out of or relating to this Agreement except in the Illinois Courts, (iii) agree not to plead or claim that such litigation brought therein has been brought in an inconvenient forum, and (iv) agree the Illinois courts represent the exclusive jurisdiction for all disputes relating to this Agreement.
3.3 General Provisions. If any provision(s) of this Agreement is held by a court of competent jurisdiction to be contrary to law or otherwise invalid, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
3.3.1 No Waiver. The Registry's failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Registry in writing.
3.3.2 Section Titles. The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance.
3.3.3 Assignment. This Agreement may be assigned in whole or in part by the Registry. This Agreement may not be assigned in any manner by you without the express, prior written permission of the Registry.