FBRL Terms
of Service Agreement
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This is a binding legal agreement which
governs your use of the Fanciers Breeder Referral List. By
using this list, you are consenting to be bound by the terms
of this agreement. If you do not agree to any of the terms
of this agreement, do not make use of the Fanciers Breeder
Referral List.
This agreement governs use of, and participation
in, all of the services incorporated within the Fanciers Breeder
Referral List. We retain the right to amend this agreement
from time to time, and your continued use of the Fanciers
Breeder Referral List constitutes your acceptance of such
amendments. If you find changes in these terms to be in some
way unacceptable, you should discontinue your use of the Fanciers
Breeder Referral List. Any amendments to the Terms of Service
agreement will be announced in the FBRL
Message Board under FBRL Announcements
1. User Guidelines
and Rules
The Fanciers Breeder Referral List is intended
to provide users information needed to find and contact pedigreed
cat breeders worldwide for the purposes of contacting said
cat breeders to arrange purchase of kittens or cats, obtain
assistance with breeding or showing pedigreed cats, or request
advice regarding pedigreed cats. This is also intended
to be a way for pedigreed cat breeders to contact one another
for the same purposes.
It is not intended to provide commercial
advertisers a convenient way to contact listed breeders to
advertise their products or services. This is an
inappropriate use of the service. However, the Fanciers Breeder
Referral List cannot guarantee to listed breeders that the
service will not be misused in this fashion. Commercial advertisers may contact the FBRL in advance to obtain permission to contact listers to advertise appropriate products and services, but all such permission must be obtained in writing in advance from the FBRL site owner.
You agree that we have no obligation to
monitor or regulate the claims made by breeders in regard
to their listings. All listing information is provided
by breeders and is only edited for adherence to posted listing
rules, spelling, and grammar. However, we reserve the right
to take appropriate action if we become aware of any use of
the Fanciers Breeder Referral List that FBRL Services believes
is unlawful, wrongful or is otherwise inappropriate in our
sole opinion and discretion, and not subject to any objective
standard.
You agree not to represent yourself as someone
else or as acting on behalf of someone else.
We reserve the right not to accept advertising
from any breeder for any stated reason that does not violate
the law. We do not discriminate based on race, ethnicity,
religion, gender, or lifestyle preference.
However, for example, we do not knowingly
accept advertising from:
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domestic cat breeders who are also
engaged in the purposeful breeding of mixed-breed cats
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cat breeders engaging in the breed
and sale of exotic (wild) mammals for the pet market,
not solely as part of a hybrid breeding program only as
approved by pre-approved cat registries for certain breeds
(such as the Bengal, Savannah, and Chausie)
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cat breeders who sell their animals
through commercial pet stores or directly through internet
auctions
- cat breeders who have been suspended from cat registry
services or convicted of any crime related to animals
We may choose to discontinue advertising
with a breeder about whom we have received complaints. We
are under no obligation to accept new or continued advertising
from any person or business.
2. Other Obligations
Since you (as a listed breeder) are responsible
for the results of your postings and their consequences, you
will protect us and others as follows: you will indemnify
and hold us, our officers, directors, employees, agents, sublicensees
and assigns harmless from and against any and all claims,
damages, losses and liabilities (including reasonable attorneys'
fees and court costs) (1) arising out of the publication,
distribution, exhibit or other use of the Materials posted
by you, or (2) resulting from your or your minor offspring's
use of the Fanciers Breeder Referral List. You forever release
and waive your right, and that of your minor offspring, assigns
and successors, to bring suit against us for injury allegedly
arising from the Fanciers Breeder Referral List, the Materials
posted by any user, or this Agreement.
Listers are also responsible for making sure their information is current and up to date, and to submit corrections when information changes. The FBRL is not responsible for loss of contact services when the lister has failed to inform the FBRL of changes to contact information and thus failed to keep the listing up to date and correct.
3. Disclaimers
of Warranties and Liability
We do not warrant or guarantee the accuracy,
quality, content or legality of any Materials made available
through the Fanciers Breeder Referral List. The use, distribution,
or publication of any Material does not constitute or imply
an endorsement by us of such Material, or of any opinions
or comments in such Materials. We disclaim any and all warranties
with regard to the Fanciers Breeder Referral List or the Materials,
express or implied, including without any limitation any implied
warranty of merchantability, fitness for a particular purpose
or non-infringement. In no event will we be liable to you
or to any party for any damages of any kind arising out of
or relating to the content or use of materials or the Fanciers
Breeder Referral List, under any legal theory, even if informed
of the possibility of such damages.
4. Termination
We reserve the right to terminate any breeder's
listing with the Fanciers Breeder Referral List at any time
for violation of this Agreement or the law, or as we otherwise
deem appropriate, including but not limited to: being suspended
from a major cat registry, having animals seized by local
animal related authorities, raising and distributing wild
mammals, proven cases of selling unfit animals, financial
fraud, or repeated complaints from listed breeders about breeding
or business policies. We may discontinue the Fanciers Breeder
Referral List at any time. Since an account is considered paid in full at the beginning of a subscription period, should the Fanciers Breeder Referral List close unexpectedly, subscribers are not entitled to refunds of unused time. This is not a monthly subscription service.
5. General
You agree that this Agreement and any dispute
relating to it, the Fanciers Breeder Referral List, or any
Materials will be governed by and construed in accordance
with the laws of the United States and the State of New York,
as such laws are applied to agreements entered into and to
be performed entirely within New York State between New York
residents, without regard to conflicts of laws principles.
You agree that the venue for any dispute shall be within the
County of Monroe, State of New York, United States of America.
You agree that this Agreement will be enforceable by us and
our successors and assigns against you and your heirs, minor
successors, and assigns. All references to "we",
"us" or "our" in this Agreement are intended
to include the Fanciers Breeder Referral List, FBRL Services,
and its affiliate entities. This Agreement is the entire agreement
between the parties and cannot be amended except in writing.
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