Terms & Conditions
Good Breeders, Inc. with its corporate headquarters at Good Breeders, Inc., 1879 Whitehaven Road Suite #1084 Grand Island, NY 14072, United States of America, its subsidiaries and affiliated companies, provides this website, www.goodbreeders.com (our “Site”) for use by customers in the United States. Our Site is controlled and operated from the United States and is subject to United States law. Good Breeders Inc. makes no representation that the Site materials are available for use outside the United States.
· The content and information displayed on the Site are Good Breeders Inc. property and are collectively referred to as “Good Breeders Inc.”. The downloading, reproduction, or retransmission of Good Breeders Inc., other than for non-commercial individual use, is strictly prohibited.
· Our Site may contain or reference trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes or other proprietary rights of Good Breeders Inc. and/or other parties. No license to or right in any such trademarks, patents, copyrighted materials, trade secrets, technologies, products, processes and other proprietary rights of Good Breeders Inc. and/or other parties is granted to or conferred upon you.
· You agree that you will make only legitimate purchases in good faith, and not for other purposes, including without limitation, reselling, impermissibly assigning or posting on third party websites, or making speculative, false or fraudulent purchases.
· TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR SITE AND GOOD BREEDERS INC.INFORMATION ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE,” BASIS. WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR ANY GUARANTY OR ASSURANCE THAT OUR SITE AND/OR GOOD BREEDERS INC.INFORMATION WILL BE AVAILABLE, ADEQUATE, ACCURATE, UNINTERRUPTED, COMPLETE OR ERROR FREE. WE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY MALICIOUS OR UNAUTHORIZED CODE AND YOU ARE SOLELY RESPONSIBLE FOR ENSURING YOU HAVE APPROPRIATE SCANNING AND PROTECTIVE MECHANISMS FOR THE SECURITY OF YOUR DEVICES, PROGRAMS AND INFORMATION. BY USING ANY OF OUR SITE AND/OR GOOD BREEDERS INC. INFORMATION, YOU ARE ASSUMING ALL RISK OF LOSS THAT MAY ARISE OR BE ASSOCIATED WITH THAT USE.
To the maximum extent permitted by law, we, other members of our group of companies, and third parties connected to us hereby expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our Site or in connection with the use, inability to use, or results of the use of our Site, any website linked to them and any materials posted on them, including, without limitation any liability for loss of income or revenue; loss of business; loss of profits or contracts; loss of anticipated savings; loss of data; loss of goodwill; wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability that cannot be excluded or limited under applicable law.
· With respect to all communications you make to us regarding Good Breeders Inc. including, but not limited to, feedback, questions, comments, suggestions, social media posts, reviews and the like: (a) you shall have no right of confidentiality in your communications and we shall have no obligation to protect your communications from disclosure; (b) we shall be free to reproduce, use, disclose and distribute your communications to others without limitation; and (c) we shall be free to use any ideas, concepts, know-how, content, or techniques contained in your communications for any purpose whatsoever, including but not limited to the development, production and marketing of products and services that incorporate such information. The above is limited only by our commitment and obligations pertaining to your personal information.
· Good Breeders Inc. may contain technical inaccuracies and typographical errors, including but not limited to inaccuracies relating to pricing or availability applicable to your transaction. Good Breeders Inc. does not assume responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor purchases affected by such inaccuracies. Good Breeders Inc. reserve the right to make changes, corrections, cancellations and/or improvements to Good Breeders Inc., and to the products and programs described in such information, at any time without notice, including after confirmation of a transaction.
· USER NAME AND PASSWORDS: We have provided you with the ability to create a unique password so that access to information related to your profile and transactions can be restricted to only those individuals to whom you provided the password. It is your responsibility to protect the confidentiality of the password. Good Breeders Inc. does not assume liability for any access to information or transactions that are executed with the password created by you. We strongly recommend that you change the password on a periodic basis and whenever you suspect that knowledge of the password is no longer limited to those whom you have authorized.
· Our Site contains information on Good Breeders Inc. nationwide products and services, not all of which are available in every location. A reference to a Good Breeders Inc. product or service on our Site does not imply that such product or service is or will be available in your location.
· USE OF NAME, HANDLE, TEXT, PHOTO, VIDEO, AND LIKENESS. I hereby grant to Good Breeders, Inc., its subsidiaries and affiliated companies, and their respective successors and assigns (collectively, the "Permitted Parties") the right and permission to use my name and/or handle, image and likeness, text, and photograph I'm posting to social media platforms including but not limited to SnapChat, Pinterest, Twitter , Facebook, and Instagram by using any variation of #GoodBreeders, # GoodBreedersInc., (collectively, the "Content") on the GoodBreeders.com website, SnapChat, Pinterest, Facebook, Instagram, Twitter, and other social media platforms used or operated by Good Breeders Inc. and the Permitted Parties (the "Website"). I agree that the Content may be distributed, published, exhibited, digitized, displayed, reproduced, and otherwise used, on the Website, at any time, for purposes of advertising or trade in promoting and publicizing the Permitted Parties. I agree that I shall have no right of approval, no claim to compensation, and no claim (including, without limitation, claims based upon invasion of privacy, defamation, right of publicity, or copyright infringement) arising out of any use (in accordance with the terms hereof), blurring, alteration, editing, distortion, faulty reproduction, or use in any composite form of the Content and I irrevocably waive any and all so-called moral rights I may have in the Content.
· INTELLECTUAL PROPERTY. The trademarks, tradenames, and logos of Good Breeders Inc. are proprietary to Good Breeders Inc. and may not be used for any reasons other than as expressly permitted by Good Breeders Inc.. All Content, graphics, code, and software used on or incorporated into the Website (including information provided by users), and the arrangement or integration of all such Content, graphics, code, and software, is subject to copyrights and other proprietary intellectual property rights held by Good Breeders Inc.. Except for information for which you have obtained express and written authorization from Good Breeders Inc., you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
· COMPLIANCE WITH TERMS FOR THIRD PARTY PLATFORMS. I acknowledge and agree that in order to post Content on the Website, I must be in compliance with the terms and conditions of such Website.
· TAKEDOWN. If I want my Content removed from the Website, I understand it may take up to 60 days. To initiate the process, I will send an email message to GoodBreeders@gmail.com with the subject line Image Removal. In the body of the email I will include (a) Name, (b) Address, (c) Phone Number, (d) a screen shot of the Image, (e) the complete web address the image was seen on, (f) the date the image was seen and (g) a brief description of why the image needs to be removed.
· REPRESENTATIONS AND WARRANTIES/INDEMNIFICATION. I represent and warrant as follows: (a) I have the right to post the Content; (b) neither the Content nor the use of the Content by the Permitted Parties will infringe upon or violate the intellectual property rights or other rights, including, without limitation, any right of publicity and/or copyright, of any other person or entity or any applicable laws; (c) the Content does not contain any content that is indecent, obscene, hateful, tortuous, defamatory, slanderous or libelous, or otherwise depicts inappropriate behavior. I hereby agree to indemnify and hold the Permitted Parties harmless from and against any and all third-party claims, actions or proceedings of any kind and from any and all damages, liabilities, costs and expenses relating to or arising out of any Content or any breach or alleged breach of any of my warranties, representations or agreements hereunder.
· NO OBLIGATION TO USE. I understand and agree (a) that Permitted Parties shall have no obligation to use the Content (or any part thereof) in any way; and (b) that Permitted Parties may remove the Content (or any part thereof) from the Website at any time for any reason in Permitted Parties' sole discretion. I further understand and agree that Permitted Parties will not use any Content or other materials it finds inappropriate, indecent, obscene, hateful, tortious, defamatory, slanderous or libelous, or that Permitted Parties believes may violate or infringe another's rights, including, without limitation, privacy, publicity or intellectual property rights.
· IMPORTANT. PLEASE READ GENERAL RELEASE AND LIMITATIONS ON LIABILITY. I hereby agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with the Content or these Terms shall be resolved individually, without resort to any form of class action; (b) any and all claims, judgments, and awards shall be limited to actual out of pocket costs incurred, including costs associated with submitting the Content, but in no event will attorneys' fees be awarded or recoverable; and (c) under no circumstances will I be permitted to obtain any award for, and I hereby knowingly and expressly waive all rights to seek, punitive, incidental or consequential damages and/or any other damages (other than actual out of pocket expenses), and/or any and all rights to have damages multiplied or otherwise increased. I acknowledge and agree that the neither the Permitted Parties nor any of their officers, directors, or employees are responsible for any costs, injuries, losses, or damages of any kind arising from or in connection with the Content (including, without limitation, claims, costs, injuries, losses and damages related to personal injuries, death, damage to, loss or destruction of property, or any claims, costs, injuries, losses, or damages related to or based on my rights of publicity or privacy, or a claim that I have been defamed or portrayed in a false light). The Permitted Parties assume no responsibility for any damage to my computer system which is occasioned by accessing any Permitted Party’s website, or for any computer system, phone line, hardware, software or program malfunctions, or other errors, failures, delayed computer transmissions or network connections that are human or technical in nature, or for the incorrect or inaccurate capture of information, or the failure to capture any information.
· GOVERNING LAW: I agree that any and all disputes that I may have with, or claims I may have relating to, arising out of or connected in any way with the Content (or any part thereof) or these Terms shall be governed by the laws of the State of New York applicable to contracts executed and to be performed entirely in the State of New York, without reference to its conflict of laws principles.
· INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, we are required to provide California residents with the following specific consumer rights information: (a) www.GoodBreeders.com is owned and operated by Good Breeders, Inc., 1879 Whitehaven Road Suite #1084 Grand Island, NY 14072. Good Breeders Inc.’s contact phone number is 1-844-840-1234; (b) to file a complaint regarding Good Breeders Inc. or to receive further information regarding use of www. GoodBreeders.com, send a letter to Good Breeders, Inc., 1879 Whitehaven Road Suite #1084 Grand Island, NY 14072 or Contact Us (include “California Resident Request” in your submission). You also may contact the Complaint Assistance Unit of the Division of Consumer Services of California’s Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814 or by telephone at 916-445-1254 or 800-952-5210.
· Marketing Services: The Marketing Services include self-service and fully managed marketing tools through which you can request to promote Goodbreeders listings or other content by agreeing to pay a fee to Goodbreeders.com, as described in these Terms of Service and the Marketing Services.
When you use the Marketing Services, you authorize Goodbreeders.com to use automated tools to assemble and format advertisements (“Ads”) based on the Content (defined below). We may limit the number of Ads you can create at a given time, and also may limit the availability of any or all of the Marketing Services (for example, to listings from certain categories or containing certain attributes) in our sole discretion. In certain cases, third parties (e.g., pet insurance) may also participate in Goodbreeders.com advertising programs which promote the same Goodbreeders.com listing as your Ad, and you remain responsible for the Marketing Fees (defined below) notwithstanding such promotion. By using the Marketing Services, you authorize Goodbreeders.com to place your Ads in any size, placement or location on any content or property (each, a “Property”) provided by Goodbreeders.com or, as applicable, a third party (“Partner”).
We may make available certain features or services through which we may help you optimize your participation in the Marketing Services, for example, by creating or modifying campaigns, setting or modifying ad rates and/or budgets, and adding or removing keywords or other targeting parameters. If you elect to use those features or services (by informing us in writing or opting in via the Marketing Services), you agree that we may manage your campaigns and take such actions on your behalf without your prior consent, as may be further described in the Marketing Services.
You are solely responsible for all activities associated with your Marketing Services account, including all changes made to your campaigns, regardless of whether such activities are authorized or undertaken by you. It is your responsibility to monitor your account and to ensure that your campaigns are consistent with your business objectives.
· Content: You expressly agree that your listings will be promoted via Ads. Ads may include text, graphics, a listing title, a listing description or other features and functionality Goodbreeders.com may associate with or incorporate into your listing. You will provide Goodbreeders.com with text, logos, images, URLs and other content (“Content”) for the Ads, which Content may be derived from your listings on the applicable Goodbreeders.com property. You will ensure that the Content, the Ads, and any content or websites to which such Ads link will be complete, accurate and up-to-date, and will comply with applicable Goodbreeders.com policies as published now or at any time in the future, including its trademark policies, prohibited and restricted items policies, editorial guidelines and creative specifications, as well as all applicable third-party rights, laws, rules and regulations. You agree that you are solely responsible for any Ad or Content that is provided to Goodbreeders.com by you or on your behalf.
When providing us with Content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers including, without limitation, through Goodbreeders.com’s affiliates, subsidiaries and partners), transferable right and license to (A) use, reformat, reproduce and display your Ad and Content, including your logo, content, code and material provided by you or on your behalf on the Properties and (B) exercise any and all copyright, trademark, publicity and database rights in the Content, in any media now known or in the future.
Goodbreeders.com reserves the right to decline to publish, delay the publication of, or remove any Ad or Content, in its sole discretion, for any or no reason, and without any liability to you or any other person. You agree that this shall not relieve you of your responsibility to ensure compliance with all applicable laws, regulations and third-party rights. Goodbreeders.com reserves the right, in its sole discretion, to make edits to any Ad or Content. You acknowledge that your participation in the Marketing Services may impact the display, ranking and/or placement of your listings, and that Ads may appear in lieu of your listings (and vice versa).
Goodbreeders.com may, in its sole discretion, label any Ad as “promoted,” “sponsored,” “ad” or similar designation. You may not use the Goodbreeders.com name or logo in your Content or Ad without the prior written approval of Goodbreeders.com.
· Fees: You agree to pay the applicable fees for your participation in the Marketing Services based on your account settings, as described herein and via the Marketing Services (the “Marketing Fees”). We may charge for any feature or tool of the Marketing Services at any time upon notice to you (e.g., via the user interface of the Marketing Services). Goodbreeders.com’s measurements and standard methodologies are definitive and will be used to calculate your Marketing Fees according to the pricing method established in your account and as may be further set forth in the Marketing Services. Marketing Fees are subject to our then-current minimum and/or maximum rates. We reserve the right to modify the Marketing Fees (including the methodologies we use to calculate the Marketing Fees) from time to time in our discretion. Any disputes about Marketing Fees must be submitted to us in writing within 60 days of the date you incurred such charge, otherwise you waive such dispute and such charge will be final and not subject to challenge. Collection of Marketing Fees may be carried out via the means specified in the Goodbreeders.com User Agreement, or as otherwise set forth in your applicable payment agreement with us. You will reimburse us for all reasonable expenses and attorneys’ fees incurred in connection with our collection of amounts payable and past due. Goodbreeders.com reserves the right to offer credits and/or discounts in its sole discretion. You understand third parties may generate impressions or clicks on your Ads for improper purposes and you accept this risk.