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This version in force since March 1st, 2005 Please read this agreement carefully. It governs your use of the Labonte Canine Services Web Site (labontek9.com and labontecanine.com) and the services and goods provided through the web site (collectively the "Web Site"). It exempts Labonte Canine Services and other persons from liability or limits their liability and contains other important provisions that you should read. Each time you use the Web Site you acknowledge and signify that you have read, understood, and agreed to be bound by this agreement. If you do not agree with each provision of this agreement each time you use the Web Site, you may not use the Web Site. Each time you use the Web Site, the text of this agreement as it then reads will govern your use. Accordingly, when you use the Web Site you should check the date of this agreement and review any changes since the last version. This Agreement contains the following provisions 1. Your Acceptance of this Agreement
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement 7. LOGIN NAMES AND PASSWORDS Web Site accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by Labonte Canine Services and its Providers to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Labonte Canine Services representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis, and you must log-out at the end of each session. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement. You must immediately notify Labonte Canine Services of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. All login names and passwords remain the property of Labonte Canine Services, and may be cancelled or suspended at any time by Labonte Canine Services without any notice or liability to you or any other person. Labonte Canine Services is not under any obligation to verify the actual identity or authority of the user of any login name or password. You must respond promptly to all email and other correspondence from Labonte Canine Services, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of the Web Site. THE SECURITY AND PRIVACY PROVIDED BY PASSWORDS IS NOT COMPLETE, AND CAN BE CIRCUMVENTED. YOUR USE OF PASSWORDS IS AT YOUR OWN RISK. 8. TERMINATION OF THIS AGREEMENT AND THE WEB SITE If you breach any provision of this Agreement, you may no longer use the Web Site. Labonte Canine Services may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person. Labonte Canine Services may at any time and for any reason, with or without cause, and in its sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Web Site and your user password, all without any notice or liability to you or any other person. If this Agreement or your permission to use the Web Site is terminated by you or Labonte Canine Services for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and your purchases of goods and services through the Web Site and anything connected with, relating to or arising from those matters. 9. INFORMATION SUBMISSIONS All information you provide through the Web Site, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. You must also provide Labonte Canine Services with updated registration information and payment information within 30 days of any changes. Labonte Canine Services will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Labonte Canine Services or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change. Labonte Canine Services may require a copy of a government-issued form of identification before making any changes to your registration information. 10. OWNERSHIP AND PERMITTED USE OF THE WEB SITE The Web Site and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Web Site are the property of Labonte Canine Services, its Providers and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Web Site does not transfer to you any ownership or other rights in the Web Site or its content. You may only use the Web Site in the manner described specifically in this Agreement. The Web Site may not be used for any purpose not expressly permitted by this Agreement. In particular, except as expressly stated otherwise in this Agreement, the Web Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without the express prior written consent of Labonte Canine Services. You may not use any of the software that is used in the operation of the Web Site except while you are use the Web Site. You may not reproduce, copy, duplicate, sell, or resell any part of the Web Site (including the software used in the operation of the Web Site) or access to the Web Site. The Web Site is made available to you for your lawful use only. You may access and browse the Web Site using commercially available, SSL-capable Web browser software. You may print or download the pages of the Web Site for your personal use provided that you do not modify any of the Web Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. 11. PERSONAL INFORMATION PRIVACY Labonte Canine Services collects, uses, and discloses your personal information in accordance with the Privacy Policy, which is available here .Labonte Canine Services may change the Privacy Policy from time to time in its sole discretion. By accepting this Agreement, and each time you use the Web Site, you consent to Labonte Canine Services's collection, use and disclosure of your personal information in accordance with the Privacy Policy as it then exists without any further notice or any liability to you or any other person. 12. TRADE-MARK INFORMATION Labonte Canine Services™, the labontek9.com logo, the Labonte Canine Services logo and other Labonte Canine Services owned trade-marks appearing on the Web Site, are registered and unregistered trade-marks and trade names owned by Labonte Canine Services. or licensed to Labonte Canine Services. Other product and company names and logos appearing on the Web Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively "Marks") displayed on the Web Site, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Web Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Web Site. 13. OTHER SITES The Web Site may include advertisements for, and links to, other web sites or resources and businesses operated by other persons ("Other Sites"). Other Sites are independent from Labonte Canine Services, and Labonte Canine Services has no responsibility or liability for or control over Other Sites, their business, goods, services, or content. Links to Other Sites are provided solely for your convenience. Labonte Canine Services does not sponsor or endorse any Other Sites or their content or the goods or services available through those other Web Sites. Your use of Other Sites and your dealings with the owners or operators of Other Sites is at your own risk, and you shall not make any claim against Labonte Canine Services arising out of your use of any Other Sites or your dealings with the owners or operators of any Other Sites. As between you and Labonte Canine Services, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your access to and use of any Other Sites and their business, goods, services, and content. 14. LINKING AND FRAMING THE WEB SITE Links to the Web Site without the express written permission of Labonte Canine Services are strictly prohibited. To request permission to link to the Web Site, please contact service@labontek9.com. Labonte Canine Services reserves the right to cancel and revoke any permission it may give to link to the Web Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Web Site or any of its content in any form and by any method is strictly prohibited. 15. POSTINGS AND UNSOLICITED SUBMISSIONS You may not use technologies such as Gooey™ or Third Voice™ in connection with your use of the Web Site or to post comments, communications, or any other data of any kind to or on the Web Site with the intention that such postings may be viewed by other users of the Web Site. Labonte Canine Services does not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved goods, services or technologies, product enhancements, processes, materials, marketing plans, or new product names. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials ("Submissions") to Labonte Canine Services or the Web Site. If you send Submissions to Labonte Canine Services or the Web Site you automatically grant (or warrant that the owner of the Submissions grants) to Labonte Canine Services and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Labonte Canine Services or its assigns, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of Labonte Canine Services and its assigns. 16. TRANSACTION AGREEMENTS All transactions through the Web Site, including the purchase and sale of goods and services and the licensing of software, are governed by this Agreement and any applicable Transaction Agreement. By using the Web Site or by participating in a transaction through the Web Site, you signify your agreement and acceptance of this Agreement and, if applicable, the Transaction Agreement. 17. SOFTWARE AGREEMENTS Labonte Canine Services may cause software to be available for you to download from the Web Site or through other Web sites, including Web sites operated by Providers. The software is protected by copyright, and your downloading and use of the software are governed by the applicable Transaction Agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable Transaction Agreement and Software Licence Agreement. 18. CONTESTS From time to time Labonte Canine Services may make contests available to users of the Web Site and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Web Site, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules. 19. GOVERNING LAW AND DISPUTE RESOLUTION The Web Site is controlled by Labonte Canine Services from Raleigh, North Carolina. This Agreement, your use of the Web Site, and all related matters are governed solely by the laws of Raleigh, North Carolina and applicable federal laws of the United States, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Labonte Canine Services and you or any other person arising from, connected with or relating to the Web Site, this Agreement or any related matters must be resolved before the Courts of North Carolina sitting in the City of Raleigh, NC, USA, and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter. Any claim or cause of action you may have arising from, connected with, or relating to your use of the Web Site, this Agreement, or any related matters must be commenced in a court of competent jurisdiction in the City of Raleigh, NC, USA within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary. 20. OTHER MATTERS If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions. The provisions of this Agreement will enure to the benefit of and be binding upon each of Labonte Canine Services and its Providers and each of their respective successors and assigns and related persons, including without limitation Labonte Canine Services Ltd., and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of Labonte Canine Services, which may be withheld in Labonte Canine Services's sole discretion. Labonte Canine Services may assign this Agreement and its rights and obligations under this agreement without your consent. No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default. You and Labonte Canine Services are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Web Site. The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce Contrat et tous les documents qui s'y rapportent soient redigés en anglais. Any rights not expressly granted by this Agreement are reserved to Labonte Canine Services. This Agreement is subject to change without notice. |
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