We know it doesn’t make for an interesting read, but we’ve just officially updated our Terms and Conditions as we’re getting ready for our website update. We’re posting them here so everyone can read through them. Don’t worry, most of it is just common sense and standard legal verbiage that goes into any website. Of course, use of our website, your 10 Digit Identification Number, Archival Documentation Package and Patches are subject to these terms.
1. ACCEPTANCE OF TERMS AND CONDITIONS
2. DESCRIPTION OF THE USSDR SERVICES
Our Responsibility and Rules of Conduct:
Our purpose is to create a powerful tool for all Service and Assistance Dog handlers regardless of certification levels, training methods or other affiliations. At the core of that is our deep commitment to do the right thing in all aspects of our business including how we treat the environment, our customers and the Service Dog community as a whole. Our intention is to create a friendly and open Registry.
Participant’s Responsibility and Rules of Conduct:
We expect and hope that you will use this Registry as intended and in a responsible and respectful manner. Registration is conducted under the honor system and any individual found to violate these rules will be expelled from the Registry. All Owners, Handlers (Registrants) and Animals must qualify under the United States Department of Justice’s Americans with Disabilities Act (ADA). Please visit http://www.ada.gov for more information if you need clarification. The Registry is not intended to be a certification process and we do not judge the proficiency of our registrants in any way, and nor would that be necessary under the law. Of course, we can not be responsible or liable for the actions of dog owners or their dogs either online or offline.
The USSDR provides Services only to Registrants who conform to the United States Department of Justice Americans with Disabilities Act (ADA). Our services provide no protection above or beyond the law. We are a tool, similar to an online resume or other online profile service. All data that is used is based solely on the assertions of the provider or Registrant themselves.
You understand and agree that the USSDR Services are provided “AS-IS” and that the USSDR assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the USSDR Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment (ie. your computer, laptop or other wireless device) necessary to access the USSDR Services.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the USSDR Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the USSDR Services under the laws of the United States or other applicable jurisdiction. That means all USSDR registrants must conform fully to the current ADA law, meaning that you or the Registrant are the legal and rightful owner and user of a Service or Assistance Animal as described by the United States Department of Justice Americans with Disabilities Act. (ADA). It is the responsibility of the registrants and users to understand and obey the ADA law online and offline. Other types of pets and working dogs including, but not limited to Therapy Dogs, Police Dogs and Agility Dogs are strictly forbidden from registration and using the USSDR Services or Website. This is true unless an animal meets the ADA requirements but is also dually trained to act as both a Service or Assistance Animal as well as to fulfill other duties such as that of a Therapy Dog. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the USSDR Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or the USSDR has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the USSDR has the right to suspend or terminate your account and refuse any and all current or future use of the USSDR Services (or any portion thereof).
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will create a password and account designation upon completing the USSDR Service’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the USSDR of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The USSDR cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, photographs, graphics, messages or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not the USSDR, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the USSDR Services. USSDR does not control the Content posted to areas such as, but not limited to, Profile Pages and Blog comments via the USSDR Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. The registry is constantly updated with new Content from users, so although we hope it does not happen, you understand that by using the USSDR Services, you may be exposed to Content that is offensive, indecent or objectionable. We will make a reasonable effort to remove such content. Under no circumstances will the USSDR be liable in any way for any Content, including, but not limited to
objectionable or offensive Content in Profile Pages, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, transmitted or otherwise made available either online or offline.
You agree to not use the USSDR Services to:
- misrepresent any animal as a Service or Assistance Animal for any reason whatsoever, whether personal, public or private, online or offline. Misrepresenting an animal as a Service or Assistance animal may be punishable by incarceration, fines including, but not limited to, other local or federal laws;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, the United States Department of Justice Americans with Disabilities Act (ADA);
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm any individual, company, entity or animal in any way;
- impersonate any person or entity, including, but not limited to, a USSDR official, employee, volunteer or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the USSDR Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Department of Justice, or any other entities or agencies having the force of law;
- collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 10 above.
You acknowledge that the USSDR may or may not pre-screen Registrations or Content, but that the USSDR shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Registrations or Content that are available via the USSDR Services. Without limiting the foregoing, the USSDR shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use or viewing of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
You acknowledge, consent and agree that USSDR may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the USSDR, its users and the public.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE USSDR WEBSITE AND SERVICES
The USSDR does not claim ownership of your Registration or Content you submit or make available for inclusion on the USSDR Service. We will never share or distribute your personal information for any reason. However, please note that certain portions of the USSDR Website and Services Publicly Accessible, including a registrant’s Profile Page, which may be accessed via the 10 Digit Lookup Feature, Advanced Search or by direct URL link.
8. CONTRIBUTIONS TO THE USSDR
The USSDR has been founded and created from the ideas, suggestions, documents, and/or proposals (“Contributions”) of Service and Assistance Dog owners and others who care about them. By submitting Contributions to the USSDR through e-mail or survey pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) the USSDR is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) the USSDR shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) the USSDR may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of the USSDR without any obligation of the USSDR to you; and (f) you are not entitled to any compensation or reimbursement of any kind from the USSDR under any circumstances.
You agree to indemnify and hold the USSDR, EBC Partners, LLC. and affiliates, volunteers, employees and partners harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the USSDR Services, your use of the USSDR Services, your connection to the USSDR Services, your use of any and all USSDR branded merchandise including but not limited to Patches, Identification Cards, Certificates, Animal Tags or other materials, your violation of the TOS, or your violation of any rights of another.
10. NO COMMERCIAL REUSE OF THE USSDR SERVICES, WEBSITE OR MATERIALS
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, personal gain (including, but not limited to, access to public or private buildings or transportation) any portion or use of, or access to, the USSDR Services (including, but not limited to, the USSDR Logo, the names “United States Service Dog Registy”, “US Service Dog Registry”, or the USSDR URL, “usservicedogregistry.org”, “usservicedogregistry.com”, Content, Patches, Identification Cards, Certificates, Animal Tags, or 10 Digit Identification Number).
11. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that the USSDR may establish general practices and limits concerning use of the USSDR Services, including without limitation a maximum about of time, months or years your data or other uploaded Content will be retained by the USSDR Services or Websites, the maximum disk space that will be allotted on the USSDR’s servers on your behalf. You agree that the USSDR, EBC Partners, LLC. and affiliates, volunteers, employees and partners has no responsibility or liability for the deletion or failure to store any data or other Content maintained or transmitted to the USSDR Services. You acknowledge that the USSDR reserves the right to inactivate or delete accounts that are inactive for an extended period of time. You further acknowledge that the USSDR reserves the right to modify these general practices and limits from time to time.
You also understand and agree that the USSDR may include advertisements and that these advertisements are necessary for the USSDR to provide Services. You also understand and agree that the USSDR Services may include certain important communications from the USSDR, such as service announcements, administrative messages and other informational updates, and that these communications are considered part of the USSDR membe
rship and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current USSDR Services, including the release of new products, shall be subject to the TOS.
12. MODIFICATIONS TO THE USSDR SERVICES
The USSDR reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the USSDR Services (or any part thereof) with or without notice. You agree that the USSDR shall not be liable to you or to any third party for any modification, suspension or discontinuance of the USSDR Services (or any part thereof).
You may terminate your USSDR account, associated 10 Digit Identification Number and access to the USSDR Services by deleting your registrations from within the Registry using the tools we provide.
You agree that the USSDR may, without prior notice, immediately terminate, limit your access to or suspend your USSDR account, associated 10 Digit Identification Number, and access to the USSDR Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the USSDR Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities including, but not limited to, misrepresentation of an animal as described in Section XX. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in the USSDR’s sole discretion and that USSDR shall not be liable to you or any third party for any termination of your account, associated 10 Digit Identification Number or access to the USSDR Services.
Termination of your USSDR account includes any or all of the following: (a) removal of access to all or part of the offerings within the USSDR Services, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the USSDR Services.
14. DEALINGS WITH ADVERTISERS AND RESOURCES
Part of our mission is to help connect Service and Assistance Dog users with Trainers, Breeders or other Companies that may provide education or other benefit. Your correspondence or business dealings with, or participation in promotions of, advertisers or resources found on or through the USSDR Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or resource. You agree that the USSDR shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or resources found on the USSDR Services.
The USSDR Services may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that the USSDR is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that the USSDR shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such
16. THE USSDR’S PROPRIETARY RIGHTS
You acknowledge and agree that the USSDR Services and any necessary software or database programming used in connection with the USSDR Services (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or resources or information presented to you through the USSDR Services or by advertisers and resources is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by the USSDR or the applicable licensor (such as an advertiser or resource), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the USSDR Services, such Content or the Software, in whole or in part.
17. DISCLAIMER OF WARRANTIES
A. YOUR USE OF THE USSDR SERVICES AND MATERIALS ARE AT YOUR SOLE RISK. THE USSDR SERVICES AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE USSDR, EBC PARTNERS, LLC. AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. USSDR, EBC PARTNERS, LLC. AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS MAKE NO WARRANTY THAT (i) THE USSDR SERVICES OR PRODUCTS WILL MEET YOUR REQUIREMENTS; (ii) THE USSDR SERVICES OR PRODUCTS WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE USSDR SERVICES OR MATERIALS WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE USSDR SERVICES WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS IN THE SERVICES OR MATERIALS WILL BE CORRECTED.
C. ANY MATERIAL DOWNLOADED, E-MAILED, SENT VIA TRADITIONAL MAIL OR OTHERWISE OBTAINED THROUGH THE USE OF THE USSDR SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE THAT RESULTS FROM THE RECIEPT OF ANY SUCH MATERIAL.
D. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE USSDR OR THROUGH OR FROM THE USSDR SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE USSDR, EBC PARTNERS, LLC. AND AFFILIATES, VOLUNTEERS, EMPLOYEES AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, EMPLOYMENT, PERMANENT OR TEMPORARY HOUSING, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE USSDR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE USSDR SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ONLINE OR OFFLINE; OR (e) ANY OTHER MATTER RELATING TO THE USSDR SERVICE.
19. NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
The USSDR may provide you with notices, including those regarding changes to the TOS, including, but not limited to e-mail, traditional mail, Twitter and Blog postings on the USSDR Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the USSDR Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the USSDR Services in an authorized manner.
21. TRADEMARK AND COPYRIGHT INFORMATION
You agree that all of the USSDR’s trademarks, trade names, service marks and other USSDR logos and brand features, including the Mascot “Reggie the Se
rvice Dog”, Access Icons and product and service names are trademarks and the property of EBC Partners, LLC. (the “USSDR Marks”). Without USSDR’s prior permission, you agree not to display or use in any manner the USSDR Marks.
21a. HOW TO CREATE YOUR OWN IDENTIFICATON
We do allow our members to create their own identification, either at their own home, at a local copy shop or online. All forms of ID are acceptable under the ADA. You may only use our name, your 10 digit ID code and a link to our website. You may not us any of the USSDR logos, Mascots or Access Icons.
22. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and the USSDR and governs your use of the USSDR Services, superseding any prior version of this TOS between you and USSDR with respect to the USSDR Services. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party products, including, but not limited to, Flickr, Twitter or PayPal.
Choice of Law and Forum. You agree that the USSDR will have first choice of forum regardless of your location.
Waiver and Severability of Terms. The failure of the USSDR to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your USSDR Account and Registration is non-transferable and any rights to your USSDR 10 Digit ID Number or Profile Contents within your Account and Registration terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the USSDR Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS privately to our Customer Service Department.