Acceptance
By using any Forrestdale Kennels-related software, or by using or visiting the Forrestdale Kennels Website (collectively the “Website Service”), you agree to both these Terms and Conditions (“Terms of Use”) and the Terms and Conditions of the Forrestdale Kennels Privacy Policy, which are incorporated herein by reference. If you do not agree to any of these terms, please do not use the Forrestdale Kennels Website Service. These Terms of Use apply to all users of the Forrestdale Kennels Website Service, including users who are contributors of video content, information, and other materials or services on the Website.
Website Access
Forrestdale Kennels hereby grants you permission to use the Website Service in accordance with these Terms of Use, provided that:
- your use of the Website Service is solely for your personal use;
- you will not copy or distribute any part of the Website Service in any medium or manner inconsistent with these Terms of Use without Forrestdale Kennels’ prior written consent;
- you will not alter or modify any part of the Website Service other than as may be reasonably necessary to use the Website Service for its intended purpose; and
- you will otherwise comply with these Terms of Use.
In order to access some features of the Website Service, you may have to provide reservation information. You may never use another’s reservation information without permission. When creating your reservation, you must provide accurate and complete information. Forrestdale Kennels shall not be liable to you or any other person/entity for any issue arising out of your failure to provide fulsome and accurate information.
Forrestdale Kennels reserves the right to establish data transfer restrictions and/or limit the total amount of data transfer associated with your account. User accounts may be closed by Forrestdale Kennels should the total amount of data transfer exceed an amount deemed excessive in Forrestdale Kennels’ sole discretion.
You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” “offline readers,” etc., that accesses the Website Service in a manner that sends more request messages to the Forrestdale Kennels servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. Notwithstanding the foregoing, Forrestdale Kennels grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Forrestdale Kennels reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website.
Intellectual Property Rights
The content on the Forrestdale Kennels Website, including any text, software, scripts, graphics, photos, sounds, music, videos, and interactive features (“Content”) and the trademarks, trade names, service marks and logos contained therein (“Marks”), are owned by or licensed to Forrestdale Kennels, subject to copyright and other intellectual property rights under Canadian law and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without prior written consent and/or payment of the applicable licence fee to the owners. Forrestdale Kennels reserves all rights not expressly granted in and to the Website Service and the Content. You agree not to engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website. You agree not to circumvent, disable or otherwise interfere with security related features of the Forrestdale Kennels Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Forrestdale Kennels Website or the Content therein.
Third Party Websites
The Forrestdale Kennels Website may contain links to third party websites that are not owned or controlled by Forrestdale Kennels and Forrestdale Kennels assumes no responsibility for these third party websites. By using the Website, you expressly discharge Forrestdale Kennels from any and all liability arising from your use of any third-party website.
Warranty and Indemnity
You agree that your use of the Forrestdale Kennels Website Service is at your sole risk. Forrestdale Kennels makes no warranty concerning bugs, viruses, Trojan horses or similar problems which may be transmitted to or through the Website Service by any third party, or concerning damage of any kind incurred resulting from use of the Website Service. Forrestdale Kennels does not endorse and is not responsible for any product or service advertised or offered by a third party through the Website Service or any hyper-linked website.
In no event shall Forrestdale Kennels, its officers, directors, employees or agents be liable to you for any direct, indirect, incidental, special, punitive or consequential damages resulting from any claim, injury or damage incurred by you from your use of the Website, Content or Forrestdale Kennels software.
You agree to defend, indemnify and hold harmless Forrestdale Kennels its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to legal fees) arising from:
- your use of and access to the Forrestdale Kennels Website Service;
- your violation of any aspect of these Terms of Use;
- your violation of any third party right, including without limitation any copyright, property, or privacy right; or
General
You confirm that you are either at least 18 years of age, or possess legal parental or guardian consent, and are fully able to enter into the terms, conditions, obligations, representations, and warranties described in these Terms of Use, and to abide by and comply with them.
You agree that the Forrestdale Kennels Website shall be deemed solely based in Ontario, Canada and that these Terms of Use shall be governed by the laws of the Province of Ontario, Canada whose courts shall have exclusive jurisdiction. You agree that any cause of action in relation to the Forrestdale Kennels Website Service must be commenced within one (1) year after the cause of action accrues, or such cause of action is permanently barred.