QualityDogs.com MEMBER Terms of Use Agreement

This Member Terms of Use agreement applies to all Members and parties who have applied to become Members. These terms are legally binding. QualityDogs.com reserves the right, at our discretion, to modify, add, or remove portions of these terms at any time. A notification of change of Member Terms of Use will be posted in the Announcements section visible on every Member's Control Panel, which is displayed when a Member logs in to the site. Continued use of the site will signify your acceptance of the current published Member Terms of Use. Violation of any of these Member Terms of Use will, at a minimum, result in the cancellation of your membership, at our discretion. Terms of cancellation are outlined below.

Membership is limited to individuals over the age of 18; by completing the membership application and becoming a member of this site, you represent and warrant that you are over the age of 18.

TERMINOLOGY: The term Members refers to parties who have created a QualityDogs.com membership. For the purposes of these Member Terms of Use, Members also includes parties who have applied for membership, whether or not that membership has been approved. The term Visitors refers to non-member users of the website, and to Members who are using the website in a capacity not related to managing their own membership. The terms We and Us refer to QualityDogs.com. These Member Terms of Use, which apply to site Members and Membership Applicants, are in addition to the Site Terms of Use, which apply to all site users, both Members and Visitors. Acceptance of these Member Terms of Use also constitutes acceptance of the Site Terms of Use, which can be seen at http://www.qualitydogs.com/termsofuse.html

1. DISCLAIMER

2. LIMITATION OF LIABILITY

3. ONLINE CONDUCT

4. STANDARDS OF MEMBERSHIP

5. MEMBER-PROVIDED CONTENT

6. COMMUNICATIONS FROM SITE

7. TERMINATION OF MEMBERSHIP

8. INDEMNITY

9. OTHER

If users have questions or concerns regarding this statement, they should contact Customer Support at support@qualitydogs.com

1. DISCLAIMER
QualityDogs.com is provided on an "as-is" basis. To the extent allowed by law, we do not warrant that the site functions will be error-free, uninterrupted, or free from defects, viruses, or trojans. Should site service be completely interrupted for more than eight hours of any 24-hour day (midnight to midnight, Eastern time), membership credit may be requested for the interrupted time, rounded up to the next hour. Any such credit will be applied to extend the existing membership period and is not available as a monetary refund.

Visitors may contact you via email, via phone if your telephone number is shown on your profile information, and via any method provided on your own website if applicable. QualityDogs.com does not screen, evaluate, or endorse any communication coming to you directly through the site or as a result of your affiliation with the site.

Anyone purchasing from or otherwise entering into a financial transaction with any member, former member, or visitor does so at their own risk. QualityDogs.com plays no part in any purchase transaction, but strongly recommends that anyone purchasing or selling a dog or puppy establish and sign a purchase contract prior to the transfer of any money, for the protection of both the buyer and seller.

2. LIMITATION OF LIABILITY
Under no circumstances shall QualityDogs.com be liable for any claims of negligence or breach, including liability for any special or consequential damages from the use or inability to use the materials on the web site, even if we have been advised of these possibilities. Applicable law may not allow these limitations on liability and/or damages, so the above may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action (whether in contract, tort, negligence, or otherwise) exceed the amount paid by you, if any, for site membership.

3. ONLINE CONDUCT
You agree to use QualityDogs.com only for lawful purposes. You will not post any content on QualityDogs.com that is defamatory, obscene, threatening, illegal, infringes on copyrights or trademarks, or is otherwise objectionable, including but not limited to any material encouraging conduct that would constitute a criminal offense, civil liability, or otherwise violate any applicable law. QualityDogs.com reserves the right to remove content you have posted to the site, at our discretion, if we believe the content violates any of the site's Terms. Furthermore, we may disclose any such content and the identity of the Member posting this content as necessary (i) to satisfy any law, regulation, or government request; (ii) to protect the rights or property of QualityDogs.com, our users, or our providers. However, neither QualityDogs.com nor our providers can ensure prompt removal of questionable content after online posting; therefore, neither QualityDogs.com nor our officers, employees, representatives, or providers shall assume liability for any action or inaction taken with respect to removing such material. By uploading and/or submitting content to QualityDogs.com, you automatically grant and warrant that the content owner has expressly granted us a royalty-free, irrevocable, nonexclusive right and license to use, publish, modify, and distribute the content worldwide. Subject to this grant, the content owner retains any and all rights which may exist in that content. QualityDogs.com shall be used only for personal purposes consistent with the site's operations. The following are expressly prohibited on QualityDogs.com:

• Distribution or publication of any material to QualityDogs.com that solicits or promotes goods, services, or memberships of other organizations.
• Graphic, defamatory, obscene, sexual, inflammatory, or profane language or images.
• Defamatory statements about another breeder, member, site, business, or individual.
• Text or images that demonstrate or include references to abuse or neglect of any human or animal.
• Text or images that promote or make reference to the current act of intentionally fighting dogs, the organization of such an activity, the breeding of dogs for such an activity, or the fitness of a dog/puppy for such an activity.
• Text or images that are not owned by the member or authorized by the owner of such content for use by the member.
• Any text or graphic image content that is in violation of local, state, or federal law(s), or any text or graphic image that demonstrates or reflects the violation of such law(s).

4. STANDARDS OF MEMBERSHIP
QualityDogs.com reserves the right to refuse membership to any applicant, at our discretion, if we believe that the applicant's standards as a breeder do not meet our standards for the site. Furthermore, QualityDogs.com reserves the right to cancel any membership and remove all of the Member's associated content, subject to the cancellation procedures outlined below, at our discretion, if we feel that Member does not meet site standards. Examples of qualities or actions that would warrant membership denial or cancellation include, but are not limited to:

• Complaints by purchasers for unethical or unsanitary breeding practices, or unethical business practices
• Discovery of action taken or investigation against the breeder by a breed registry
• Discovery of criminal or civil charges filed against the breeder, including but not limited to animal cruelty and fraud
• Advertisement on this site or the Member's personal site of mixed-breed dogs
• Posting false or misleading information on this site or the Member's personal site
• Failure to honor a health guarantee or contract, as reported by a purchaser
• Use of photographs or text on a Member's listing or personal site that they are not authorized to use, or that misrepresent their dogs
• High-volume breeding and/or breeding of multiple breeds
• Breeding adult(s) with known health problems that may pose risk for gestation/whelping or that may be hereditary in nature
• Breeding without concern for potentially hereditary health problems
• Use of marketing or sales language on a Member's listing or personal site, such as "on sale" or "discounted price" or "buy it now!"
• Advertising and/or selling puppies or dogs bred by another ("brokering")
• Importing dogs/puppies for resale

5. MEMBER-PROVIDED CONTENT
By providing your member information, text content, and uploaded photos, you expressly grant QualityDogs.com permission to publish this content on our site, QualityDogs.com. For personally-identifiable information, such as address and phone number, you may elect via the member control panel to hide this information. You also expressly grant QualityDogs.com permission to publish uploaded photos and excerpts of descriptive text to other related social media, such as Facebook, Twitter, and Google Plus, for purposes of increasing public awareness of and internet traffic to QualityDogs.com. Any publication of your member-provided content outside of the QualityDogs.com site will include, at minimum, a reference to your Kennel Name, city and state, or link to QualityDogs.com page where your content may be viewed.

By uploading content, including photos, to your QualityDogs.com membership, you assert that you have legal ownership of that content and rights to publish that content.

6. COMMUNICATIONS FROM SITE
In order to effectively administer the site, QualityDogs.com must, from time to time, communicate with members via email. These communications may include membership or announcement renewal notices, billing or account information, notification about site features or enhancements, and requested password reminders. Additionally, your access to your membership information will be controlled by a username and password. By applying for and continuing your membership, you agree to maintain the security of both your email account and your site username/password, and therefore your QualityDogs.com membership access, and you assume responsibility for any content posted by anyone else with access to your account.

7. TERMINATION OF MEMBERSHIP
If (i) you choose to terminate your membership prior to its expiration date, or (ii) QualityDogs.com terminates your membership for any reason, including but not limited to the reasons listed above, QualityDogs.com will refund to you an amount equal to the prorated, unused portion of your membership, minus a $10 administrative fee. If the prorated, unused portion before the administrative fee is deducted is LESS than $10, then no refund will be issued. Announcement fees are small and for a short duration, and therefore they are only subject to refund if your membership is terminated by QualityDogs.com. Refunds will be issued (or mailed, if applicable) within 30 days of the effective date, and they will be issued in the same form that the original payment was made (credit card or check).

8. INDEMNITY
You agree to indemnify, hold harmless, and defend QualityDogs.com, our employees, officers, directors, agents, providers, and administrative designees from and against all claims, actions, or demands, including resonable legal fees and court costs, resulting from any breach by you of these Member Terms of Use or Site Terms of Use, from any action taken by a site visitor or agent thereof, or from any other liability.


9. OTHER
Any legal dispute arising in connection with these Terms of Use shall be first attempted to be settled by mediation. If that is not successful, then the dispute shall be settled by arbitration to be held in North Carolina in accordance with the rules of the American Arbitration Association, and this agreement to arbitrate shall be specifically enforceable. Any award shall be final and binding on all parties, and a final judgement may be entered in the appropriate court of law. Notwithstanding this, should any litigation ensue between the parties, then the prevailing party shall be entitled to reasonable expenses and attorney fees as set by the Court. This site is created and controlled by QualityDogs.com in the state of North Carolina, the United States of America, whose laws will govern these Terms of Use and any legal controversy. You consent to submit to the exclusive jurisdiction of the courts of the State of North Carolina and of the United States for any litigation arising out of our web site's use and operation, waive any objection to this state on improper jurisdiction an/or venue grounds, and agree not to argue that any such litigation brought there has been brought in an inconvenient forum. If any provision of these Member Terms of Use shall be deemed unlawful, void, or for any reason unenforceable by any court of competent jurisdiction, then that provision shall be deemed severable from the rest of the provisions and shall not affect the validity or enforceability of any of the remaining ones.

Contact Information
If users have any questions or suggestions regarding our Terms of Use Agreement, or to report a suspected violation of this Agreement, please contact us at:

support@qualitydogs.com

or

QualityDogs.com
Customer Support
2054 Kildaire Farm Rd #304
Cary, NC 27518
267-295-8610