PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION, PRODUCTS OR SERVICES THROUGH THIS SITE.
KennelSeek.com, Inc. ("we" or "us") offers access to and use of www.kennelseek.com ("site") to you, subject to your acceptance of these terms and conditions ("Terms"). By accessing, using or obtaining any content, data, materials, information, products or services through this site, you agree to observe these Terms. If you do not accept all of these Terms, then please leave this site immediately. - OWNERSHIP. This site, and each of its modules, together with the arrangement and compilation of the content found on this site, is the copyrighted property of KennelSeek.com and/or its or their various third party providers and distributors. Much of the content found on this site is owned by third party providers and distributors. Trademarks, logos and service marks displayed on our site ("Marks") are our, and our Providers’, registered and common law Marks. Your use of and access to our site do not grant you any license or right to use any of the Marks.
- COPYRIGHT AND TRADEMARK NOTICES. All contents of our site are Copyright 2008, KennelSeek.com. All rights reserved. Other product, service and company names listed in our site may be the trademarks of their respective owners.
- USE OF SITE. You may only use this site to make legitimate reservations or purchases and shall not use this site for any other purposes, including without limitation, to make any speculative, false or fraudulent reservation or any reservation in anticipation of demand. This site and the content provided in this site, including the text, graphics, button icons, audio and video clips, digital downloads, data compilations and software, may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of KennelSeek.com, and/or its third party providers and distributors, except that you may download, display and print the materials presented on this site for your personal, non-commercial use only. You shall not use or authorize or permit any third party to use on your behalf any "robot," "spider" or other automatic device, or a program, algorithm or methodology having similar processes or functionality, or any manual process, to monitor or copy any of the Web pages, data or content found on this site, in any case without the prior written permission of KennelSeek.com. You shall not utilize any software, application, or algorithm, whether integrated in a browser or otherwise, that modifies or adds content to the layout, design, or content of any KennelSeek.com webpage. You agree that you will not transmit or otherwise transfer any Web pages, data or content found on this site to any other computer, server, Web site, or other medium for mass distribution or for use in any commercial enterprise. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of this site. You agree that you will not take any action that imposes a burden or load on our infrastructure that KennelSeek.com deems in its sole discretion to be unreasonable or disproportionate to the benefits KennelSeek.com obtains from your use of the site. Unauthorized use of this site and/or the materials contained on this site may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained in the materials, and you must not alter, obscure or obliterate any of such notices. The use of such materials on any other Web site or in any environment of networked computers is prohibited. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of this site. Notwithstanding the foregoing, if you have been notified by KennelSeek.com that you are prohibited from using the site, then you have no license to use the site and any access by you or on your behalf shall be unauthorized and unlawful. KennelSeek.com may provide notice under this or any other section of this agreement via an email sent to the email address contained in your user profile or otherwise used to make a booking on this site. KennelSeek.com reserves the right to cancel any and all bookings or other transactions you have made on the site after you have been prohibited from using the site, with no liability whatsoever to you.
- AGE AND RESPONSIBILITY. You represent that you are of sufficient legal age to use this site and to create binding legal obligations for any liability you may incur as a result of the use of this site, third party providers, and the credit clearing partner “PayPal”.
- PRIVACY. You hereby represent and warrant that you own or have the right to submit all information you send to us. This site does not have access to credit/debit details, all online transactions are handled securely by our credit clearing partner “PayPal”. We will not collect personally identifiable information like your name, e-mail and mailing address and telephone number ("Personal Information") without your knowledge and permission; we will not disclose your Personal Information to third parties unless you have authorized us to do so; we will allow you to view, correct or remove your Personal Information and other information associated with your registration as a user of our site; and we will take reasonable steps to protect the security of the Personal Information we collect from you. Your acceptance of these Terms is also your consent to the information practices contained herein.
- USER INFORMATION. Content you send to us, as between us and you, whether via e-mail, forms, messages, ideas, and/or suggestions, becomes our sole property and is transmitted at your sole risk. You are strictly prohibited from uploading to our site any material that contains any virus, worm, "trojan horse", time bomb, or similar contaminating or destructive feature. Violators may be prosecuted to the maximum extent of the law.
- REVIEW OF TRANSMISSIONS; SUBMITTED CONTENT. KennelSeek.com shall have the right (but not the obligation) to, from time to time monitor and review any information transmitted or received through this site and reserves the right to censor, edit, remove or prohibit the transmission or receipt of any information that KennelSeek.com deems inappropriate or in violation of these terms and conditions. These terms and conditions apply to any "Submitted Content" received by KennelSeek.com from you. During monitoring, the Submitted Content may be examined, recorded or copied, and your use of this site constitutes your consent to such monitoring and review. You agree that you are responsible for the Submitted Content, and KennelSeek.com disclaims any responsibility and assumes no liability with respect to Submitted Content. By providing Submitted Content, you warrant that: (a) you are the owner of such Submitted Content, or have been granted all the rights necessary from the owner thereof to provide such Submitted Content to KennelSeek.com and for the use by KennelSeek.com and its affiliates as stated herein, and (b) the use of such Submitted Content by KennelSeek.com will not infringe the intellectual property rights of or otherwise violate the rights of any third party. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right or any other harm resulting from your use of the site. You agree that if you provide Submitted Content, you grant KennelSeek.com and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicenseable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, transfer, or sell such Submitted Content in any form, media or technology for any purpose whatsoever, including, without limitation, a commercial purpose, without any compensation to you. You agree that you will not publish, submit, provide, or display such Submitted Content to or on any other commercial travel-related web-site or on-line service without KennelSeek.com prior written consent, which consent may be withheld by KennelSeek.com in its discretion. Consent may be requested by sending an e-mail to
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You agree that KennelSeek.com may choose to provide attribution of Submitted Content provided by you (for example, showing your name and hometown on a review that you submit) at our discretion, and that such Submitted Content may be shared with our supplier partners, affiliates, customers and other third parties.
- EXCLUSION OF WARRANTY. KENNELSEEK.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS MAKE NO WARRANTY OF ANY KIND REGARDING THIS SITE AND/OR ANY MATERIALS PROVIDED ON THIS SITE, ALL OF WHICH ARE PROVIDED ON AN "AS IS" BASIS. KENNELSEEK.COM AND ANY THIRD PARTY PROVIDERS AND DISTRIBUTORS DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY OR RELIABILITY OF ANY OF THE CONTENT OR DATA FOUND ON THIS SITE AND SUCH PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. NEITHER KENNELSEEK.COM NOR ANY THIRD PARTY PROVIDERS OR DISTRIBUTORS WARRANT THAT THIS SITE, ITS SERVERS OR ANY E-MAIL SENT FROM KENNELSEEK.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
- LIMITATION OF LIABILITY. KennelSeek.com shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, you or your company's personal information or material and information transmitted over our system. YOU USE THE SITE AT YOUR OWN RISK.
- INDEMNIFICATION. You shall defend and indemnify KennelSeek.com and any third party providers and distributors and their officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, brought by or on your behalf in excess of the liability described herein or by third parties as a result of your use of this site.
- LINKS. This site contains links to other Web sites which are provided solely as a convenience to you and not as an endorsement by KennelSeek.com, its third party providers or distributors of the contents of such other Web sites. None of KennelSeek.com or any third party provider or distributor shall be responsible for the content of any other Web sites and make no representation or warranty regarding any other Web sites or the contents or materials on such Web sites. If you decide to access other Web sites, you do so at your own risk.
- INJUNCTIVE RELIEF. You acknowledge that a violation or attempted violation of any of these terms and conditions will cause such damage to KennelSeek.com as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that Travelocity shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by you, or your affiliates, partners, or agents, as well as recover from you any and all costs and expenses sustained or incurred by KennelSeek.com in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
- TERMINATION. KennelSeek.com may terminate this User Agreement and these terms and conditions and/or the provision of any of the services at any time for any reason, including any improper use of this site or your failure to comply with these terms and conditions. Such termination shall not affect any right to relief to which KennelSeek.com and its third party providers and distributors may be entitled, at law or in equity. Upon termination of this User Agreement and these terms and conditions, all rights granted to you will terminate and revert to Travelocity and its third party providers or distributors, as applicable.
- ASSIGNMENT. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
- MODIFICATION. KennelSeek.com may at any time modify these terms and conditions and your continued use of this site will be conditioned upon the terms and conditions in force at the time of your use.
- ADDITIONAL TERMS. Additional terms and conditions may apply to reservations, purchases of goods and services and other uses of portions of this site, and you agree to abide by such other terms and conditions. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer.
- SEVERABILITY. These terms and conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless be enforced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
- THE SITE AS INTERMEDIARY. KENNELSEEK.COM IS ACTING AS AN INTERMEDIARY OR AS AN AGENT FOR PROVIDERS OF PET-RELATED PRODUCTS AND/OR SERVICES BY PROMOTING, ACCEPTING RESERVATIONS OR BOOKINGS FOR SUCH PRODUCTS AND/OR SERVICES. WE SHALL NOT BE RESPONSIBLE FOR BREACH OF CONTRACT OR ANY ACTIONS OR OMISSIONS ON THE PART OF SUCH PROVIDERS, WHICH RESULT IN ANY LOSS, DAMAGE, DELAY, OR INJURY TO YOU AND/OR YOUR PET(S). WE DO NOT GUARANTEE ANY OF SUCH PROVIDER’S RATES, BOOKINGS, RESERVATIONS OR OTHER PURCHASE TERMS. PROVIDER RATINGS DISPLAYED ON OUR SITE ARE INTENDED ONLY AS GENERAL GUIDELINES, AND WE AND OUR AFFILIATES DO NOT GUARANTEE THE ACCURACY OF SUCH RATINGS. WE SHALL NOT BE RESPONSIBLE FOR ANY DISRUPTION OF PET-RELATED PRODUCTS AND/OR SERVICES, WHETHER RESULTING FROM BANKRUPTCY OF ANY PROVIDER(S), OR DUE TO MONETARY CRISIS, POLITICAL OR SOCIAL UNREST, LABOR PROBLEMS, MECHANICAL OR CONSTRUCTION DIFFICULTIES, CLIMATIC ABERRATIONS, LOCAL LAWS, DISEASES, NOVEL CONDITIONS, INCLUDING TERRORIST ACTIVITIES, AND/OR EVENTS OF "FORCE MAJEURE" (I.E., THOSE BEYOND OUR REASONABLE CONTROL).
- SUPPLIER TERMS AND CONDITIONS. You agree to abide by the terms or conditions of purchase imposed by any Provider with whom you elect to deal. You are responsible for ensuring that your purchases abide by the terms or conditions of purchase imposed by any Provider with whom you elect to deal.
These Terms are effective as of April 27, 2008
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