K9stud.com (K9stud) and you (the member) enter into this agreement. The
parties agree as follows:
1. USE OF K9STUD
The member agrees to read the terms, conditions and notices carefully before
using K9stud. The member may not access or use K9stud unless the member agrees
to them. By using K9stud, the member acknowledges that they have read the
terms, conditions and notices in this agreement and agree to accept them.
2. COMMUNICATIONS THROUGH K9STUD
The member agrees that communications and transmission to and from K9stud are
non-confidential. The member agrees to receive frequent emails from K9Stud, but
will have the option to opt-out.
3. NATURE OF RELATIONSHIP
There is no confidential, fiduciary, contractually implied or other
relationship created between the member and K9stud, other than what is stated
in this agreement. The member agrees that no joint venture, partnership,
employment or agency relationship exists between the member and K9stud as a
result of this agreement or the use of the website.
4. PERSONAL USE AND NON-COMMERCIAL USE
The member agrees that the use of K9stud is for personal use and not for
commercial use. The member may download and copy information on K9stud for
their own personal use as long as you maintain all copyrights and other notices
contained in the content. The member will not download, copy, reproduce,
modify, distribute, publish, transmit, transfer, sell, license, display,
perform or adapt any information obtained from K9stud for commercial use.
5. ILLEGAL USE
A. UNLAWFUL USE
The member will not use the website for any purpose that is illegal in
violation of applicable local, state, national or international law.
B. PROHIBITED USE
The member will not use the website for any purpose prohibited by the terms,
conditions or notices in this agreement and on the website.
6. PROHIBITED ACTIVITIES
When posting an advertisement or a message on the website the member
agrees not to post or transmit any communication or material that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive
or another’s privacy, disruptive to the site, hateful, or racially, ethnically
or otherwise objectionable.
7. RESTRICT ACCESS AND USE
K9stud may deny access or use of the website to the member at K9stud’s sole
discretion and without notice.
8. MONITOR MEMBERS
K9stud may monitor its members and the member’s use of the website to ensure
its members are abiding by the terms, conditions and notices of this agreement.
9. USE OF INFORMATION
By posting messages or engaging in other activities through the website, the
member grants K9stud a perpetual, worldwide, irrevocable, non-exclusive,
royalty-free license to use, download, publish, transmit, transfer, sell,
license, display, perform, adapt and otherwise use such communication in all
media now known or that which develops later.
10. WAIVER OF RIGHTS
The member waives all rights to actual infringement of any proprietary,
privacy, publicity, moral or attribution rights in connection with any
communication used through the website.
11. LINKS TO OTHER WEBSITES
The website may contain links to other websites operated by third parties other
than K9stud. The links are provided to provide facilitation to access the third
party sites. K9stud does not control and is not responsible for the content of
the third party sites. By offering links, K9stud does not imply it endorses
anything contained in those third party sites nor does it have any association
with the operators of the third party sites.
12. OPERATION OF THE WEBSITE
A. SERVICE OF THE WEBSITE
K9stud will make a reasonable effort to keep its service operational. However,
from time to time, difficulties may occur and will result in temporary service
B. LIMITED LIABILITY
The member will not hold K9stud liable for any of the consequences of such
interruptions and agrees that such interruptions will not be considered a
breach of this agreement.
13. RIGHT TO AMEND
K9stud reserves the right to change the terms, conditions and notices under
which this website is offered at any time in its sole discretion.
14. INDEMNIFICATION OF K9STUD
The member agrees to indemnify and hold K9stud harmless form any and all
claims, losses, damages, liabilities, costs and expenses which arise out of,
are connected with or directly relate to your wrongful or unlawful use of this
website or any breach of any representation or warranty made by you in this
15. LIMITED LIABILITY
K9STUD DOES NOT MAKE ANY REPRESENTATIONS ABOUT THE RELIABILITY, ACCURACY,
SUITABILITY OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON
THE WEBSITE. K9STUD CANNOT AND DOES NOT GUARANTEE THE MEMBER WILL RECEIVE
RESPONSES TO ANY LISTING PLACED ON THE WEBSITE. ADVERTISING BY NATURE IS
UNCERTAIN. IN NO EVENT SHALL K9STUD BE LAIBLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.
K9STUD SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS,
OR LOSS OF USE IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THIS
WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY PRODUCTS OR
SERVICES OBTAINED THROUGH THIS WEBSITE.
16. FINAL AGREEMENT
This agreement contains the understanding of the parties and supersedes all
previous verbal and written agreements, representation or warranties.
17. DESCRIPTION OF FEES
Joining k9stud.com to advertise puppies, dogs, or studs for sale or for
adoption is free. Each member will be able to place 1 ad, and that ad will
remain active for only 5 days. It is also free to browse for sale and
adoption listings and to contact subscribing sellers. A minimal fee is required
to contact non-subscribing sellers and a fee is required to place multiple ads
and/or making your ad viewable to all viewers of K9Stud. Fees range from
$19.95 to $169.95 to become a subscribing seller / buyer. The 30 day
subscription is a recurring charge of $19.95 every 30 days, all other
subscriptions are non-recurring. The Company may change the fees for the
Service at any time. The changes to the policy are effective immediately after
the Company posts the policy to the site with or without prior notice to you
the user. When the user subscribes to the service, the user has the opportunity
to review and accept the fees that will be charged for the use of the Company’s
Service. Subscribing members opting to participate in our monthly subscription
plan may cancel the automatic recurring subscription at any time. The Company
requires all subscribing members to cancel their subscription by clicking on
the Contact Us link which is located at the bottom of each page specifying
“Cancel my Subscription”. The Company only allows 3 unique breeds per account
posted, meaning you can post an unlimited number of ads if there are 3 or less
unique breeds posted.
Refunds: K9Stud.com WILL NOT issue refunds for services rendered on the Site.
When you purchase services or products that are for a specified amount of time,
you are bound to the agreement. Termination of the agreement will only be
authorized if the Company is at fault. This is to protect the interests of the
Company and other customers of the Company.
18. DISPUTE RESOLUTION
A. GOVERNING LAW
Florida Law governs the interpretation if this agreement
B. ATTORNEYS FEES AND COURTS COSTS
If the parties seek arbitration or litigation, then the prevailing party will
be able to collect attorney fees and court costs.