NEMDA ENTLEBUCHER PEDIGREE DATABASE
Terms of Use
AGREEMENT BETWEEN YOU AND NEMDA

NEMDA ENTLEBUCHER PEDIGREE DATABASE is a service operated by NEMDA that makes it easy to share pedigree data.

These Terms of Use constitute a legal agreement between you and NEMDA. You must accept without modification all of the terms, conditions, and notices contained in these Terms of Use in order to access and use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. If you do not accept these Terms of Use in their entirety, you may not access or use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services.

Portions of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services may be governed by posted guidelines, rules, or other terms and conditions. All such guidelines, rules, and terms and conditions are hereby incorporated by reference into these Terms of Use. In the event of a conflict between such other guidelines, rules, and terms and conditions and these Terms of Use, the Terms of Use shall control. However, the NEMDA ENTLEBUCHER PEDIGREE DATABASE Privacy Statement, discussed in the Privacy and Personal Information section below, supersedes any conflicting language in these Terms of Use and/or any other guidelines, rules, and terms and conditions published on the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services with respect to the subject matter covered by the NEMDA Entlebucher Pedigree Database Privacy Statement.

MODIFICATION OF THESE TERMS OF USE
NEMDA may wish to update or change the terms, conditions, and notices for the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services from time to time to reflect changes in the Services, changes in the laws affecting the Services, or for other good reasons. You understand that NEMDA reserves the right to make these changes and that you are responsible for regularly reviewing these terms, conditions, and notices. Continued access to or use of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services after any such change shall constitute your consent to such change. Unless explicitly stated otherwise, any new features that change or improve the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services shall be subject to the Terms of Use, as modified from time to time.

PERSONAL AND NON-COMMERCIAL USE LIMITATION
You may only use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services for your own personal and non-commercial purposes.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services that are part of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services except as expressly provided in these Terms of Use.

PRIVACY AND PERSONAL INFORMATION
You may be required to have a NEMDA ENTLEBUCHER PEDIGREE DATABASE account to use some NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. To set up an account, you must provide information about yourself and update this information as necessary in order to keep it current. 

You are responsible for maintaining the confidentiality of your password and account information. Furthermore, you are responsible for all activities that occur in your account and you agree to notify NEMDA immediately of any unauthorized use of your account. NEMDA is not responsible for any loss that you may incur as a result of any unauthorized person using your account or your password.

LINKS TO THIRD-PARTY SITES
The Web pages that are part of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services may contain links to other Web sites ("Linked Sites"). The Linked Sites are not under the control of NEMDA and NEMDA is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. NEMDA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NEMDA of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

You are solely responsible for any dealings with third parties (including advertisers) who support the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services or are identified in the Web pages that are part of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, including the delivery of and payment for goods and services.

NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, you agree that you will not use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services for any purpose that is unlawful or contrary to these Terms of Use. You also may not use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services in any manner that could damage, disable, overburden, or impair the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services or interfere with any other party's use and enjoyment of them. You may not attempt to gain unauthorized access to any NEMDA ENTLEBUCHER PEDIGREE DATABASE account, computer systems or networks associated with the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services.

TERMS OF USE FOR NEMDA ENTLEBUCHER PEDIGREE DATABASE PARTICIPATING SITES AND SERVICES
These Terms of Use apply to you whenever you access or use any NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. When you use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services to gain access to any NEMDA ENTLEBUCHER PEDIGREE DATABASE participating site or service, the terms and conditions associated with that site or service may also apply to you. Please refer to the applicable terms of use associated with each participating site or service that you visit.

DATA YOU SUBMIT
You warrant that you own copyright in any data submitted to us, or that it is information which is in the public domain, and that it does not infringe any existing copyright or any other rights of any third party and that you have full authority to enter into this Agreement and grant the rights granted to NEMDA without resulting in a breach of any obligation you may have.

You retain copyright to data you have submitted to NEMDA. If you submit data then you grant to NEMDA a non-exclusive, worldwide, irrevocable, royalty-free license to use or modify the data for any purpose including publishing on-line.

NEMDA may modify the data or combine it with other data. In such an event you agree that NEMDA owns copyright to the resulting data.

DATA AVAILABLE ON THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services
All data  that is made available to view and/or download from the Web pages that are part of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services ("Data") is owned by and is the copyrighted work of NEMDA and/or its suppliers. Except for personal use of the data, any reproduction or redistribution of the Data is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE DATA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED . 

All Data is supplied "as is" without any warranty as to its accuracy or completeness and any use of this Data is entirely at the users own risk.

LIABILITY DISCLAIMER
NEMDA AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON OR OBTAINED THROUGH THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. NEMDA AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

IN NO EVENT SHALL NEMDA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, WITH THE DELAY OR INABILITY TO USE THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, OR SERVICES OBTAINED THROUGH THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, OR OTHERWISE ARISING OUT OF THE USE OF THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF NEMDA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE NEMDA ENTLEBUCHER PEDIGREE DATABASE SERVICES.

CUSTOMER SUPPORT
NEMDA provides information about how to use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services on the Web pages that are part of the Services. If you have any questions about the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services or any problems that you would like to report, please email entledatabase@nemda.org.

TERMINATION AND RESTRICTION OF ACCESS
NEMDA reserves the right, in its sole discretion, to terminate your access to the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services or any portion thereof at any time, without notice.

NEMDA may also terminate or suspend your access to the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services for inactivity, which is defined as failing to sign in to the Services for an extended period of time, as determined by NEMDA. Upon termination of your NEMDA ENTLEBUCHER PEDIGREE DATABASE account, your right to use the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services immediately ceases.

GENERAL
These Terms of Use are governed by the laws of the State of Oregon; You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Oregon. in all disputes arising out of or relating to the use of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NEMDA as a result of these Terms of Use or use of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services.

NEMDA may assign these Terms of Use, in whole or in part, at any time. NEMDA's performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of NEMDA's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services or information provided to or gathered by NEMDA with respect to such use. You agree to indemnify and hold NEMDA, its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. If any part of these Terms of Use are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect. These Terms of Use, including the documents expressly incorporated by reference above, constitute the entire agreement between you and NEMDA with respect to the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services and such agreements supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and NEMDA with respect to the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. A printed version of these Terms of Use and of any notices given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

INTELLECTUAL PROPERTY NOTICES
All contents of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Web Site are: Copyright 2014 by NEMDA.

The names of actual companies and products mentioned herein may be the trademarks of their respective owners.

The example companies, organizations, products, people, and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.

NEMDA may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services, including the Web pages that are part of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services. Except as expressly provided in these Terms of Use, the provision of the NEMDA ENTLEBUCHER PEDIGREE DATABASE Services and the furnishing of such Web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. Any rights not expressly granted herein are reserved.

NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notifications of claimed copyright infringement should be emailed to the NEMDA Secretary.

 

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