Terms Of Use

Be Familiar With and Follow These Terms of Use

TopDogWebDesigns.com, Inc. ("TDWD®") 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 the TDWD's Bylaws, rules, regulations, procedures as set forth in the TDWD 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 of Use govern your use of those areas and/or transactions.

TDWD reserves the right to modify these Terms of Use at any time without prior notice. Following any modification, your use of this site constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use 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.

 COPYRIGHT

This website and the content are protected by U.S. and/or copyright laws, and belong to the TDWD or third parties. The copyright in the content is owned by the TDWD 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 the TDWD or the copyright owner. You may reproduce content for online or offline use pursuant to TDWD's "Reproduction of Online Materials Policy."

TRADEMARKS

The trademarks, service marks and logos ("trademarks") used or displayed on this website are registered and unregistered trademarks of the TDWD or third parties. You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. TDWD, DogShowManagement.com, the DogShowManagement.com logo and design. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that TDWD 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 the TDWD or the trademark owner.

USE OF OWNER

Throughout this website, TDWD uses the term "owner" in various forms. TDWD is using the term in a general manner and not in a manner to be construed as synonymous with legal title.

THIRD-PARTY LINKS

This website contains links to websites which are not maintained by the TDWD. Links to third-party websites are provided for your convenience and information only. Third-party websites are not under the TDWD'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 the TDWD guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the TDWD's endorsement of the Third-party website nor that we are affiliated with the Third-party website's owners or sponsors.

APPLICATIONS

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 non-refundable. You understand that if you are submitting an application on behalf of another you must have the written authority to do so and will upon request be required to provide to the TDWD the written authorization. The written authority must explicitly state that you have been given permission to submit the particular application(s) on behalf of another. You also represent and agree that you are in good standing with the TDWD. You understand and agree that any misrepresentation submitted by you through the online application process may result in the cancellation of the registration or listing of the dog and its descendants or the litter and the members of the litter and their descendants. The submission of false information to register or list a dog or litter could also result in the loss of your TDWD privileges. Additionally, the submission of false information may result in TDWD refusing service, suspending or terminating your account without notice. By supplying your email address and/or telephone number, you consent to receive communications from TDWD 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.

TDWD does not allow for the creation of an Online Account by a person under the age of eighteen. TDWD policy requires that dogs or litters registered or 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.

ONLINE RECORD KEEPING

If you use the Online Record Keeping service of the TDWD, you understand and agree that all the information that you input into the records or TDWD enters on your behalf will be stored on TDWD servers. You understand and agree that the TDWD will have access to and the ability to use this information. This will include but is not limited to use for determining compliance with TDWD Rules, Regulations and policies and contacting individuals to whom you have transferred a dog or puppy. Pursuant to TDWD's regulations for record keeping you must maintain a printed copy (hard copy) of all records required apart from the computer storage or storage discs. In using the Online Record Keeping service of the TDWD in relation to registered co-owned dogs and litters, you understand and agree that the records will be able to be accessed by all registered co-owners and that each registered co-owner will have the authority to enter and change the information. You understand and agree that both the registered sire owners and registered dam owners will be able to access the mating records for the particular mating between the two dogs and will be able to enter and change the information.

USER SUBMISSIONS

You agree that any submissions you make or TDWD or TDWD vendors to the site may be edited, removed, modified, published, transmitted, and displayed by the TDWD and you waive any rights you may have with respect to such editing or modification. By submitting anything to the site, you grant TDWD a perpetual, non-exclusive, worldwide, royalty-free, license to the submission to the TDWD or any Third-party the TDWD designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission. TDWD 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.

INDEMNIFICATION

You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend, and hold harmless TDWD, 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 of Use or any breach by you or any user of your account of any of your representations and warranties.

DISCLAIMER OF WARRANTIES

TDWD MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. TDWD 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. TDWD 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. TDWD 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 THE TDWD 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 THE TDWD HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, 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, TDWD'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.

ARBITRATION

YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE TDWD AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION, AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE TDWD BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE TDWD CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES, AND GUIDELINES.