Blue Wing Kennels Website Terms and Conditions of Use
Blue Wing Kennels (“Kennel”) welcomes you to our website. These Website Terms and
Conditions of Use ("Terms") govern your use of our website and any content, information,
products or services made available on or through the website (“Services”). By accessing our
website or using our services, you agree to comply with these Terms.
These Terms apply to all visitors, users, and others who access or use the website and services
provided by Kennel. If you do not agree with these Terms, please do not use our website or
Services.
1. Acceptance of Terms
By visiting, accessing, or using any part of our Services, you expressly accept, agree, and
consent to the terms and conditions of this Agreement. Your continued use of the Services after
any modification to the Services or update to this Agreement constitutes your conclusive
acceptance of such change. If you do not agree to these Terms, you must not use any portion of
the Services and your sole remedy is to discontinue your use of the Services.
We reserve the right to modify these Terms at any time. Any changes will be posted on our
website, and your continued use of our Services constitutes acceptance of the updated Terms. To
the extent Kennel provides you notice of different or additional terms or practices, those
additional terms will govern your use of the Services.
2. Eligibility
You may only use the Services if you are at least eighteen (18) years of age.
3. Privacy
Your privacy is important to us. Please review our Privacy Policy for information on how we
collect, use, and protect your personal information. The Privacy Policy and its terms and
provisions are hereby incorporated and made a part of this Agreement. You must agree to the
Privacy Policy in order to use the website and/or the Services. By visiting, accessing, or using
any part of the website and/or the Services, you accept the practices described in our Privacy
Policy.
4. Use of Service
You agree not to copy, reproduce, alter, modify, decompile, reverse engineer, distribute, transfer,
sell, transmit, translate, publish, perform, license, or create derivative works from the content of
the Services, including any information, products, or services, without Kennel's express written
consent. The Services are solely for your personal, non-commercial use. Subject to these and any
other express restrictions with regard to specific material, you may download information
concerning Kennel services or membership from the Services solely for your personal non-
commercial use, including information concerning reservations, boarding services, training
services, grooming services, customer accounts, transactions, packages, and payment
information.
All content hosted on the Kennel website is proprietary and may be copyrighted under the law as
collective work and/or compilation or trademarked. Kennel holds and owns the copyright, and all
other proprietary and intellectual property rights and title, to the collective work, including the
pages, graphics, design, text, sound recordings, images, materials, and content of the Services,
some of which may be trademarked. Electronic Communications. When you use the Services, you may communicate electronically
with Kennel. You expressly consent to receipt of electronic communications from Kennel
through posts on the Services and via the email you provided. All agreements, notices,
disclosures, authorizations, verifications, confirmations, or other electronic communications
Kennel provides according to this paragraph satisfy any legal requirement for written
communication.
5. Account Information
You represent and warrant that all information provided to Kennel through the Services is
current, accurate, complete and truthful, such as the legal name, street address, email address,
telephone number, and financial transaction account information related to you. You further
represent and warrant that you are an authorized account holder of any financial transaction
account which you provide to Kennel through the Services for payment of services, reservations,
boarding fees, training fees, grooming fees, or other transactions..
Registering for the Services may require you to create a username and a password. You agree to
maintain the security, confidentiality, and integrity of your username, password, and any other
security measures employed on the Services. You are responsible for all access to and use of the
Services, including all financial transactions, under your username and password. You agree to
immediately notify Kennel of any breach of security, including unauthorized use of your
username or password, and to immediately take all reasonable steps to prevent its further
occurrence, including changing your password.
By agreeing to these Terms, you acknowledge and consent that payment processing services for
reservations, services, deposits, and other purchases made through the website may be provided
by a third-party payment processor.
6. COPYRIGHTS, TRADEMARKS AND OTHER PROPRIETARY RIGHTS
When accessing and using the website and/or the Services, you agree to obey all applicable laws
and to respect the intellectual property rights of others.
All content on the website and the Services, including text, hidden text within our source code,
trademarks, software, photos, video, images, graphics, music, audio-visual content, podcasts,
recordings, sound or any other digital media, is owned by Kennel and/or our licensors and is
subject to protection by patent, copyright, trademark or other intellectual property or proprietary
rights. In addition, the entire content of the website is copyrighted as a collective work under the
United States copyright laws, and the Kennel owns the copyright in the selection, coordination,
arrangement and enhancement of such content. Any feedback, suggestions or ideas you provide
to Kennel relating to the website and/or the Services shall be deemed to be non-confidential and
Kennel shall be free to use such feedback, suggestions or ideas on a royalty-free, perpetual,
irrevocable, worldwide, transferable, unrestricted basis.
All trademarks, trade names, trade dress, logos and service marks (collectively, the
“Trademarks”) appearing on the website and/or the Services are the property of their respective
owners, including, in some instances, us and/or our partner companies. Nothing contained on the
website, the Services or these Terms serves to grant you, by implication or otherwise, a license or
right to use any of the Trademarks or copyrights owned by us or by any third party.
Except as expressly provided herein, you may not use, modify, create derivative works of, copy,
redistribute, reproduce, publish, transmit, display, commercialize, or in any other way exploit any
content or material from the website or the Services without express written permission from
Kennel and, if applicable, the respective copyright owner. You acknowledge and agree that you
do not acquire any ownership rights by accessing or using the website and/or the Services.
7. Security of Information
Unfortunately, no data transmission over the Internet can be guaranteed as totally secure.
Although we strive to protect such information, we do not warrant and cannot ensure the security
of any information which you transmit to us. Accordingly, any information which you transmit to
us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take
reasonable steps to preserve the security of such information.
8. Termination of Access
Access to this website may be terminated at any time by us without notice. Those parts of these
terms and conditions which by their nature continue after termination, nevertheless survive any
such termination.
9. No Liability
We accept no liability for any failure to comply with these terms and conditions where such
failure is due to circumstances beyond our reasonable control.
If we waive any rights available to us under these terms and conditions on one occasion, this
does not mean that those rights will automatically be waived on any other occasion.
If any of these terms and conditions are held to be invalid, unenforceable or illegal for any
reason, the remaining terms and conditions will nevertheless continue in full force.
10. Indemnity and Limitation of Liability
INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS KENNEL
AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS, FROM AND AGAINST ANY AND ALL LOSS, EXPENSES, DAMAGES, AND
COSTS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS FEES,
RESULTING, WHETHER DIRECTLY OR INDIRECTLY, FROM YOUR VIOLATION OF
THIS AGREEMENT. YOU ALSO AGREE TO INDEMNIFY AND HOLD HARMLESS
KENNEL AND ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS,
FROM AND AGAINST ANY AND ALL CLAIMS BROUGHT BY THIRD PARTIES ARISING
OUT OF YOUR USE OF THE SERVICES IN BREACH OF THIS AGREEMENT OR THE
USER CONTENT MADE AVAILABLE VIA THE SERVICES BY ANY MEANS,
INCLUDING WITHOUT LIMITATION THROUGH A POSTING, A LINK, REFERENCE TO
USER CONTENT, OR OTHERWISE, UNLESS PROHIBITED BY APPLICABLE LAW.
LIMITATION OF LIABILITY. IN NO EVENT WILL KENNEL AND ITS AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS BE LIABLE TO YOU
OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,
INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES RESULTING
FROM YOUR ACCESS TO OR USE OF THE SERVICES, YOUR INABILITY TO USE OR
MALFUNCTIONS OF THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD
PARTY RELATING TO THE SERVICES.
11. Waiver and Severability
To the extent that a court of competent jurisdiction determines any part of the terms and
conditions in this Agreement to be invalid or unenforceable, that part will be modified by the
court solely to the extent necessary to cause that part to be enforceable, and the remainder of the
Agreement will remain in full force and effect. Kennel’s failure to exercise or enforce a legal
right, remedy or benefit which is contained in the Agreement or any applicable law does not
constitute waiver of its right to do so later.
12. Informational Disclaimer
Information provided on the website is for general informational purposes only and is not
veterinary, medical, behavioral, or professional advice.
13. Governing Law
These Terms are governed by the laws of the State of Texas, without regard to its conflict of laws
principles. Any disputes arising from these Terms or your use of our services will be resolved in
the state or federal courts located in Colorado County, Texas.
14. Contact Information
If you have any questions regarding these Terms or Services, you can contact
YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY AGREE TO ALL OF THESE
TERMS AND CONDITIONS.