Terms and Conditions
The Breeder Rescue Certification (“BRC”) owns and operates this website. By accessing and using this site, you agree to each of the terms and conditions set forth herein and agree to abide by BRC’s rules, regulations, procedures as set forth in BRC Charter and Bylaws, rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas of this website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms and Conditions govern your use of those areas and/or transactions. BRC reserves the right to modify these Terms and Conditions at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms and Conditions as modified. The last date these Terms and Conditions were revised is set forth below. You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.
This website and the content are protected by U.S. and/or copyright laws, and belong to BRC or third parties. The copyright in the content is owned by BRC or other copyright owners who have authorized their use on the site. No material may be reproduced in any manner of form whatsoever without written permission from BRC or the copyright owner. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
The trademarks, service marks and logos (“trademarks”) used or displayed on this website are registered and unregistered trademarks of BRC or third parties. You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. BRC, Breeder Rescue Certification and all associated marks and logos are trademarks, registered trademarks and service marks of BRC. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that BRC has established in any of its goods, services, names or logos. All other trademarks are the property of their respective owners. Nothing in this website shall be construed as granting — by implication, estoppel or otherwise — any license or right to use any trademarks displayed on the website without the express written permission of BRC or the trademark owner.
If approved, Breeder/Rescue members understands and agrees that the BRC Logo, Marks, and designation are the exclusive property of Breeders Rescue Certification and that use of the logo is a part of the license provided to certified breeders and rescue organizations by BRC. In the event that certification is revoked or terminated, Breeder/Rescue Organization agrees to immediately remove the BRC Logo, Marks, and designation from all material. Failure to do so could result in legal action.
Third Party Links
This website contains links to websites which are not maintained by BRC. Links to third party websites are provided for your convenience and information only. Third party websites are not under BRC’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can BRC guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply BRC’s endorsement of the third party website nor that we are affiliated with the third party website’s owners or sponsors.
You agree that all information supplied by you to register or list a dog or litter through this site is true and correct. You understand that the listing/registration is not guaranteed and listing/registration fees are nonrefundable. You also represent and agree that you are in good standing with BRC. You understand and agree that any misrepresentation submitted by you through the online application process may result in the revocation of the certification, breeder/rescue listing or listing of the litter or dog. By supplying your email address and/or telephone number, you consent to receive communications from BRC and third parties.
Your Online Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and agree to accept responsibility for all activity that occurs through your account or password. BRC does not allow for the creation of an Online Account by a person under the age of eighteen. BRC policy requires that litters or dogs listed in the names of children be properly authorized by the minor’s parent or guardian. With respect to an Online Account, this means the parent or guardian must establish, maintain and submit information on behalf of the minor.
You agree that any submissions you make to the site may be edited, removed, modified, published, transmitted and displayed by BRC and you waive any rights you may have with respect to such editing or modification. By submitting anything to the site, you grant BRC a perpetual, non-exclusive, worldwide, royalty free, license to the submission to BRC or any third party BRC designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission. BRC reserves the right to delete, move or edit any of the submissions in its sole discretion.
Representations and Warranties
You represent and warrant that any materials of any kind that you submit to this site are owned by you, will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or propriety rights; or (b) contain any libelous or otherwise unlawful material.
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless BRC, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms and Conditions or any breach by you or any user of your account of any of your representations and warranties.
Disclaimer of Warranties
BRC makes no express or implied warranties, representations or endorsements whatsoever with respect to the site, the service or the content. BRC expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringment, with regard to the site, the service, the content, and any product or service furnished or to be furnished via the site. BRC does not warrant that the functions performed by the site or the service will be uninterrupted, timely, secure, or error-free, or that defects in the site or the service will be corrected. BRC does not warrant the accuracy or completeness of the content, or that any errors in the content will be corrected. The site, the service and the content are provided on an “as is” and “as available” basis.
Limitation of Liability
In no event will BRC be liable for any damages whatsoever, including, but not limited to any direct, incidential, consequential, special, exemplary or other indirect damages, arising out of (1) the use of or inability to use the site, the service, or the content, (2) any transaction conducted through or facilitated by the site; (3) any claim attributable to errors, omissions, or other inaccuracies in the site, the service and/or content, (4) unauthorized access to or alteration of your transmissions or data, or (5) any other matter relating to the site, the service, or the content, even if BRC has been advised of the possibilities of such damages. If you are dissatisfied with the site, the service, the content, or the terms and conditions, your sole and exclusive remedy is to discontinue using the site. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, some of the above limitations may not apply to you. In such states, BRC’s liability is limited and warranties are excluded to the greatest extent permitted by law.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
BRC’s goal is to resolve all disputes informally. If that cannot be done, then there are procedures in place for the resolution of disputes.
By using this website and its content (“Digital Properties”), you and BRC agree to submit any and all Disputes (as defined below) to binding arbitration pursuant to the Federal Arbitration Act (Title 9 of the United States Code), which shall govern the interpretation and enforcement of this arbitration agreement (“Arbitration Agreement”). Arbitration shall be before either (1) JAMS (formerly known as Judicial Arbitration and Mediation Services), www.jamsadr.com, or (2) the American Arbitration Association (“AAA”), www.adr.org. If you initiate arbitration, you shall have the choice as between these two arbitration forums; if BRC initiates arbitration, it shall have the choice as between these two arbitration forums. WE EACH AGREE THAT, EXCEPT AS PROVIDED IN THE DEFINITION OF DISPUTES BELOW, ANY AND ALL DISPUTES WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT BY A JUDGE OR JURY, IN ACCORDANCE WITH THIS ARBITRATION AGREEMENT.
Class Action Waiver
By using the Digital Properties, you agree that the arbitration of any Dispute (as defined below) shall be conducted on an individual, not a class-wide basis, and that no such arbitration proceedings may be consolidated with any other arbitration or other legal proceedings involving BRC or any other person. You further agree that you, and anyone asserting a claim through you, will not be a class representative, class member, or otherwise participate in a class, representative, or consolidated proceeding against BRC. We and you agree that the arbitrator of any Dispute between us may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, representative action, consolidated action or private attorney general action). If the foregoing class action waiver (“Class Action Waiver”) or any portion thereof is found to be invalid, illegal, unenforceable, unconscionable, void or voidable, then the Arbitration Agreement will be unenforceable, and the Dispute will be decided by a court. Any claim that all or part of the Class Action Waiver is invalid, illegal, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
Definition of Dispute
Except as described below, the term “Dispute” in this Arbitration Agreement and Class Action Waiver means any dispute, claim, or controversy between you and BRC regarding any aspect of your relationship with BRC, whether based in contract, statute, regulation, ordinance, tort (including without limitation fraud, misrepresentation, fraudulent inducement, negligence, gross negligence or reckless behavior), or any other legal, statutory or equitable theory, and includes the validity, enforceability or scope of these Terms, except for the scope, enforceability and interpretation of the Arbitration Agreement and Class Action Waiver. However, “Disputes” shall not include claims that all or part of the Class Action Waiver is invalid, unenforceable, unconscionable, void or voidable, or any claim for public injunctive relief, i.e., injunctive relief that has the primary purpose and effect of prohibiting alleged unlawful acts that threaten future injury to the general public. Such claims may be determined only by a court of competent jurisdiction and not by an arbitrator.
How Will the Arbitration Work?
Either you or BRC may initiate an arbitration proceeding. The arbitration will be conducted before a single arbitrator. The arbitration will be an individual arbitration, and shall in no event be commenced as a representative or class arbitration. If you or BRC initiate arbitration, you and we have a choice of doing so before JAMS or the AAA:
- For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols for Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267.
- Which particular rules apply in AAA arbitration will depend on how much money is at issue. For consumers, the AAA’s Supplementary Procedures for Consumer-Related Disputes/Consumer Arbitration Rules will apply; for breeders or rescue organizations, the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879.
If required for the enforceability of the Arbitration Agreement under the Federal Arbitration Act, BRC will pay all arbitrator’s costs and expenses. If not, those costs will be paid as specified in the above-referenced rules.
Where Will the Arbitration Be Held?
Venue for any arbitration proceeding commenced either by you or BRC is in Georgia. As set forth in “Governing Law” section below, the arbitrator will apply Georgia law. Dated: 11/20/17