AKC Marketplace Terms & Conditions
Last Updated: December 21st, 2015
American Kennel Club Inc., (“AKC”) owns and operates www.marketplace.akc.org (the “Website”) which provides: (1) a variety of dog breeders, veterinarians, kennels, groomers and other dog-related service providers (collectively the “Service Providers”), the ability to customize its own listing and describe its products and services, (2) users the opportunity to read about the experiences other users have had with these Service Providers and to provide reviews and ratings on the Service Providers (the “User”), and (3) Users the capability to connect with Service Providers and inquire about their products and services (collectively, the “Services”). Your use of the Services is subject to the following terms and conditions of use (the “Terms”).
These Terms constitute a legally binding agreement between you and AKC and is deemed accepted by you each time that you visit the Website, or use any of the Services. You warrant and represent that you are at least 13 years old or older. If you are under age 18 but above 13 you are permitted to use the Services, provided you do so with the consent of a parent or legal guardian who accepts these Terms on your behalf. Your use of the Services may require you to agree to additional terms and conditions, or enter into separate agreements with AKC or applicable Service Providers or other Users. If you are accepting these Terms and accessing the Website or using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use or access the Website and/or the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations. If you do not agree with any of these Terms, please do not access the Website or use any of the Services.
The Terms are effective as of the “Last Updated” date above. AKC may change these Terms at any time, with or without notice to you, by posting an updated version to this web page. If you continue accessing the Website or using any Services after any such changes, it will mean you accepted any new or changed Terms. AKC may terminate these Terms and your access to all or any part of the Website or the Services at any time and for any reason without prior notice or liability and in AKC’s sole discretion.
When you access the Website or use the Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website or through any other communication tool.
The trademarks, service marks and logos (“Trademarks”) used or displayed through the Website are registered and unregistered Trademarks of AKC or third parties. You may not use any of the Trademarks or logos appearing throughout the Website without written permission from the Trademark owner. AKC, American Kennel Club, the American Kennel Club seal and design, Canine Good Citizen®, CGC, DOGNY, AKC, AKC Meet the Breeds, AKC S.T.A.R. Puppy®, AKC Rally®, AKC Global Services, American Kennel Club National Agility Championship, Foundation Stock Service, Woofipedia FSS, WOOFtale and all associated marks and logos are Trademarks, registered Trademarks and service marks of The American Kennel Club or its respective affiliated companies. All other Trademarks are the property of their respective owners. The absence of a name, Trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that the Trademark owner has established in any of its goods, services, names or logos. Nothing in these Terms shall be construed as granting – by implication, estoppel or otherwise – any license or right to use any Trademarks displayed through the Website without the express written permission of AKC or the applicable Trademark owner.
AKC or its licensors retain all right, title and interest in and to its designs, text, graphics, images, video, information, logos, button icons, software, audio files and other brand content used on the Website and/or the Services (collectively, “Brand Content”). All Brand Content is the property of AKC or its licensors. The compilation (meaning the collection, arrangement and assembly) of all content that is part of the Website and/or the Services is the exclusive property of AKC and is protected by copyright, trademark, patent and other laws. Unauthorized use of the Brand Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, Trademarks, service marks and other proprietary notices contained in the original Brand Content and on any authorized copy you make of the Brand Content.
You’re not allowed to: (i) use our Trademarks, service marks or logos without our written permission in each instance; (ii) copy or use the Brand Content for any purpose other than your use of the Services; (iii) remove any copyright or other protected notices contained in the Brand Content or any authorized copy you make of the Brand Content; (iv) sell, transfer, assign, license, sublicense, or modify the Brand Content, or use the Brand Content for any public or commercial purpose; or (v) use or post the Brand Content on any other website or in a networked computer environment.
Subject to your compliance with these Terms and your payment of any applicable fees, AKC or its content providers grant you a limited, non-exclusive, non-transferable, nonsublicensable license to access the Website and/or use of the Services. This license does not include any resale or commercial use of any Services, or its contents; any collection and use of any profile listings, descriptions, or prices; any derivative use of any Services or its contents; any downloading or copying of account information for the benefit of a third party; or any use of data mining, robots, or similar data gathering and extraction tools.
All rights not expressly granted to you in these Terms are reserved and retained by AKC or its licensors, suppliers, publishers, photographers, rights holders, or other content providers. No part of the Website or the Services may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of AKC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of AKC without express written consent. You may not use any meta tags or any other "hidden text" utilizing the AKC name or Trademarks without the express written consent of AKC.
You may access the Website or use the Services only as permitted by law. Any licenses granted to you by AKC, including such licenses granted herein, shall terminate if you do not comply with these Terms.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. AKC may delete or change your password at any time for any reason, in its sole discretion.
If you purchase any available Subscription Plan for the Services, or any additional services that we offer for a fee, either on a one-time or subscription basis, you agree to AKC storing your payment or credit card information. You also agree to pay the applicable fees for any services (including, without limitation, monthly fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the applicable subscription period during which you cancel your subscription. If you purchase any services, you agree to periodic recurring payments on your account as specified by us when you purchase the Services. All payments made are nonrefundable. You may cancel your services by contacting us at email@example.com. You also acknowledge that when using, accessing, or purchasing particular services or features of the Websites or Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms.
Notification of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or a person authorized to act on behalf of the copyright owner and think that your work has been copied in a way that constitutes copyright infringement and is accessible on the AKC Web site, please provide AKC’s Copyright Agent with the following information:
- Identification of the copyrighted material claimed to be infringed;
- Identification of the alleged infringing material on the AKC Web site that is requested to be removed and information sufficient to permit us to locate the material on the AKC Web site (such as the specific URL);
- Your name, address, phone number and an email address, so that AKC may contact you if necessary;
- A statement that you have a good faith belief that the use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
- A statement by you that the information in the notification is accurate and, under penalty of perjury, that you are the copyright owner, or are authorized to act on behalf of the owner, of an exclusive copyright that is alleged to be infringed; AND
- A physical or electronic signature of you or a person authorized to act on behalf of the copyright owner to assert copyright infringement and to submit the notification.
To contact the Copyright Agent by regular mail, please write to:
260 Madison Avenue
New York, NY 10016
To contact the Copyright Agent by email, please write to:
CopyrightAgent@akc.org with COPYRIGHT NOTICE in the subject line
Upon receipt of a notification of claimed infringement as set forth above, AKC will remove or disable access to the material and take reasonable steps to notify the person who posted the material that it has been removed or access to it has been disabled.
If you posted the material and believe that it is not infringing or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may submit to the Copyright Agent (see contact info, above) a counter notification containing the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location (such as the specific URL) at which the material appeared before it was removed or access to it was disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; AND
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter notification as set forth above, AKC will send a copy of it to the original complaining party stating that AKC may replace the removed material or cease disabling access to it ten (10) business days following receipt of the counter notification unless the copyright owner notifies AKC that it has filed an action seeking a court order to restrain the person who posted the material from engaging in infringing activity relating to the material.
AKC reserves the right to remove or disable access to material alleged to be infringing without prior notice, in its sole discretion, and without liability to any person, regardless of whether the material ultimately is determined to be infringing.
To submit your own reviews and ratings on the Website, you acknowledge and agree that:
(a) all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Service Providers you are reviewing;
(b) all of your reviews and ratings of the Service Providers that you are rating will be accurate, truthful and complete in all respects;
(c) you do not work for, own any interest in, or serve on the board of directors of, any of the Service Providers for which you submit reviews and ratings;
(d) you do not work for, own any interest in or serve on the board of directors of any competitors of the Service Providers for which you submit reviews and ratings;
(e) you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Service Provider is an individual) to any of the Service Providers for which you submit reviews or ratings; and
(f) your name and review information will be made available to the Service Providers on which you review.
All users may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”), so long as the User Content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of ‘spam.’ You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. AKC reserves the right (but not the obligation) to remove or edit such User Content, but does not regularly review posted User Content.
If you do post or submit User Content, and unless we indicate otherwise, you grant AKC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, transfer, sell, publicly perform, create derivative works from, distribute, and display such User Content and to use your name and other identifying information throughout the world in any media.
you agree that this license includes the right for AKC to provide, promote, and improve the Website or Services and to make the User Content submitted to or through the Website or the Services available to other companies, organizations or individuals who partner with AKC for the syndication, broadcast, distribution or publication of such User Content on other media and services, subject to our terms and conditions for such content use.
Such additional uses by AKC, or other companies, organizations or individuals who partner with AKC, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
AKC may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
AKC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Services, to suspend or terminate users, and to reclaim usernames. AKC also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AKC, its users and the public.
AKC does not endorse and is not responsible or liable for any User Content, Service Providers, product or service reviews, description of products or services, company information, profile pictures and photographs, banners, data, advertising, products, goods or services available or unavailable from, or through, any Service Providers, or other any other content provided by other users or third parties ("Website Content”) are for informational purposes only. You agree that should you use or rely on such Website Content, AKC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. your dealings with, or participation in promotions of any Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Provider exclusively and do not involve AKC. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Service Providers (which includes, but is not limited to, health care and wellness providers).
The Website Content is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding your pet’s medical condition.
AKC does not make any representations regarding the accuracy or validity of such Website Content or their appropriateness for evaluation by you, or any other person or business entities. Under no circumstances will AKC be liable in any way for any Website Content, including, but not limited to, any errors or omissions in any Website Content, or any loss or damage of any kind incurred as a result of the use of any Website Content posted, emailed, transmitted or otherwise made available via the Website, the Services or broadcast elsewhere.
AKC does not recommend or endorse any specific Service Provider. Reliance on any information provided by AKC, or others appearing on the Website at the invitation of AKC, or other visitors to the Website is solely at your own risk.
You represent and warrant that any material, of any kind, including User Content or Website Content that you submit to AKC is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; or (b) contain any libelous or otherwise unlawful material. If you wish to have items removed please contact firstname.lastname@example.org
You also represent and warrant that any User Content or Website Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
You may not do any of the following while accessing the Website or using the Services: (i) access, tamper with, or use non-public areas of the Website, the AKC computer systems, or the technical delivery systems of AKC providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by AKC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AKC; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website and/or the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on AKC, the Website and/or the Services.
The Terms will continue to apply until terminated by either you or AKC as follows.
You may end your legal agreement with AKC at any time for any reason by deactivating your accounts and discontinuing your use of the Website or the Services. Please contact email@example.com to deactivate your account or your account will be charged any recurring monthly fees.
AKC may suspend or terminate your accounts or cease providing you with all or part of the Website or the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. AKC will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website or the Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, User Content, Restrictions on User Content, Website content; No endorsement of Service Providers Restrictions on Use of the Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect AKC’s rights to change, limit or stop the provision of the Services without prior notice, as provided above in section 1.
Please read this section carefully since it limits the liability of AKC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “AKC Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
The Website, unless otherwise agreed upon by the parties pursuant to additional terms and conditions, are available “AS-IS.” Your access to and use of the Website and/or the Service, or any content therein are at your own risk. You understand and agree that the Website and the Services are provided to you on an "AS IS" and "AS AVAILABLE" basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE AKC ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
The AKC Entities make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Website or the Services or any content therein; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Website or the Services or any content therein; (iii) the deletion of, or the failure to store or to transmit, any content and other communications maintained by AKC; and (iv) whether the Website, or the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the AKC Entities, Website, or the Services, will create any warranty not expressly made herein.
The Website, Website Content, User Content, may contain links to third-party websites or resources. You acknowledge and agree that the AKC Entities are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by the AKC Entities of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AKC ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES OR SAVINGS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT, USER CONTENT, WEBSITE CONTENT, OR CONTENT OF ANY THIRD PARTY ON THE WEBSITE, AND/OR THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT; (v) YOUR INTERACTION WITH ANY SERVICE PROVIDER; OR (vi) OTHERWISE ARISES FROM OR RESULTING FROM YOUR USE OF THE WEBSITE AND/OR THE SERVICES .
You agree to defend, indemnify, and hold the AKC Entities harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use, or misuse of the Website, and/or the Services; (iii) your reliance on any User Content, Website Content, or Service Provider; or (iv) your violation of any third-party right, including without limitation any intellectual property, or privacy right.
The failure of AKC to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
In the event of a dispute arising under or relating to the Terms, the Website, the Services, or any other products or services provided by American Kennel Club Inc. (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL. DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court in the State of New York may enforce the arbitrator’s award. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. The arbitration may be conducted in person, through the submission of documents, by phone or online. If conducted in person, the arbitration shall take place in the New York, New York. The parties may litigate in court to compel arbitration, to stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. In addition, we may litigate in court to seek injunctive relief.
Class Action Waiver
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
By accessing or using the Website, the Services, or any other products or services provided by American Kennel Club Inc., you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of New York, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and AKC.
By purchasing an AKC Marketplace Page, You affirm that you have carefully read, understand, and agree to the following terms and conditions:
You authorize AKC to charge your credit, debit, or bank card on file for your Marketplace Page once each month or once each year, whichever is applicable. Your Marketplace Page will be automatically renewed at the same Marketplace Page type most recently associated with your account. You may change Marketplace Page types at any point during but will be responsible for any additional fees associated with the new Marketplace Page type.
- Marketplace Page Fees. Marketplace Page fees may change. AKC will notify you of any change in Marketplace Page fees. Automatic renewals will be charged at the then-current rate of which you have been notified.
- Marketplace Page Terms of Service. All Marketplace Page are valid until you cancel by contacting firstname.lastname@example.org. You may opt out of automatic renewals at any time prior to the renewal date by contacting us at email@example.com but all payments made prior to opting out are nonrefundable.
- Billing Information. You are responsible for maintaining true, current, and accurate billing and payment information in your membership account in order to facilitate automatic renewal payments.
- Unpaid Balances. If AKC does not receive payment from your credit, debit, or bank card issuer or its agent at the time when automatic renewal charges are initiated, you agree to pay all amounts due upon AKC’s demand. If attempt(s) to collect payment fail, AKC at its discretion may consider your Marketplace Page expired and you will forfeit any services associated with the Marketplace Page.
- Contact Information and Notifications. AKC will send email notifications about pending automatic renewal charges, pricing changes, and other changes to these terms to the primary email address associated with your Marketplace Page account. You are responsible for maintaining a current email address that is capable of receiving AKC emails. Inability to receive AKC emails will not be regarded as grounds for refund.