Agreement between user and www.elitebassethounds.com
Welcome to www.elitebassethounds.com. The www.elitebassethounds.com website (the “Site”) is comprised of various web pages operated by Elite Basset Hounds (“EBH”). www.elitebassethounds.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.elitebassethounds.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.elitebassethounds.com is a products for animals and services provider site.
Visiting www.elitebassethounds.com or sending emails to EBH constitutes electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such discussions be in writing.
EBH does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.elitebassethounds.com only with permission of a parent or guardian.
All deposits, fees and promo code payments are non-refundable. Please contact the contract department at firstname.lastname@example.org for any questions. Refer to refund policy for more details as the refund policy is subject to change.
Company Policies- You agree to adhere to all company policies posted on the site. Make sure to check the site periodically as the policies are subject to change.
Links to third party sites/Third party services
www.elitebassethounds.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of EBH and EBH 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. EBH is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by EBH of the site or any association with its operators.
Third party sites and organizations deliver certain services made available via www.elitebassethounds.com. By using any product, service or functionality originating from the www.elitebassethounds.com domain, you hereby acknowledge and consent that EBH may share such information and data with any third party with whom EBH has a contractual relationship to provide the requested product, service or functionality on behalf of www.elitebassethounds.com users and customers.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of EBH or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You understand the summary of steps laid out in the program buying process. You understand that you are not purchasing a puppy but purchasing a spot on our client list by any of our programs such as our Hound Crate or Special Homes Program. The puppy has no monetary value upon transfer or ownership to the client.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. EBH content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of EBH and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of EBH or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your EBH account to third party accounts such as the client portal. By connecting your EBH account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by EBH from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the EBH Content accessed through www.elitebassethounds.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless EBH, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. EBH reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with EBH in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. EBH reserves the right to choose arbitration or to pursue the matter in a court of law as directed in all contracts at their sole discretion. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ELITE BASSET HOUNDS AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
ELITE BASSET HOUNDS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ELITE BASSET HOUNDS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ELITE BASSET HOUNDS 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 SITE, WITH THE DELAY OR INABILITY TO — USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE — USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ELITE BASSET HOUNDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECA– USE SOME STATES/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 SITE, OR WITH ANY OF THESE TERMS OF — USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Disclaimer: Puppies, like people, are not robots and do not all graduate our training programs at the exact same level. Some pups will have harder times in certain areas, and it is impossible to guarantee perfect training with every puppy fully. The continuance of the commands has as much to do with the new family as it does with our training, so it is important for you to be prepared to maintain the given protocols. Elite Basset Hounds does guarantee that they will have worked hundreds of hours with each puppy and will do everything possible to prepare your puppy for its new home. Elite Basset Hounds will provide training material and a lifetime of support so you can continue training and socializing your pup.
Fair Use Disclaimer
This site contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. The material is used entertainment and educational purposes so that potential client can become more familiar with the different breeds. If you believe that we have any copyrighted material we do not have permission to use I advise you check with sites such as Adobe as that is typically were we receive a lot of media that we purchase legally through their sites which gives us permission to use the information. You are also free to email us a email@example.com
EBH reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Missouri and you hereby consent to the exclusive jurisdiction and venue of courts in Missouri in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and EBH as a result of this agreement or use of the Site. EBH’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of EBH’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by EBH with respect to such use. If any part of this agreement is 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 the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the client and EBH with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the client and EBH concerning the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relate 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. It is the express wish to the parties that this agreement and all related documents be written in English.
You agree to adhere to the all publicly available company policies. Company policies are subject to change at any time. A (3) day notice will be issued before any new changes to policies are made effective.
Changes to Terms
EBH reserves the right, in its sole discretion, to change the Terms under which www.elitebassethounds.com is offered. The most current version of the Terms will supersede all previous versions. EBH encourages you to periodically review the Terms to stay informed of our updates.
Recent Update 02/11/20
Due to the recent move a few months ago and the dissoloution of the Iowa, LLC we are required to have all clients under now disolved Iowa LLC complete a Location Addendum for their contracts and an acknowledgement form for the Missouri LLC. The Missouri LLC has aquistioned all contracts from the disloved LLC. However, performance is not required on the contracts until all parities acknowledge the change of jursidication. If any client does not complete the required forms sent via DocuSign their contract will be suspended indefintely unitl such time they do sign the forms or terminated.
EBH welcomes your questions or comments regarding the Terms:
Elite Basset Hounds
PO BOX 148
Unionville, Mo 63565
Effective as of February 14th, 2020