Service Description and Acceptance of Terms
Agile Canine Entries LLC (the “Company”) works with canine event (“Trial”) secretaries (“Secretaries”) and websites. Agile Canine Entries LLC provides software used by Secretaries and their websites that provides users the ability to access an account established with the Secretary at a previous date or by interacting with the Secretary’s website. This service provides users with Trial entry submission and management, Trial details and entry or account communications (the “Service”). You agree to pay for use of the Services as provided on the Secretary’s website. At the moment, Agile Online Entry Software only accepts payment through third party processors.
Agile Canine Entries LLC provides the Service subject to the following Terms of Use. Please read these Terms of Use carefully. By accessing and submitting an online entry with the Service, you confirm that you have read, understood and are in agreement with and bound by these Terms of Use outlined below. These Terms of Use apply to the Service, all aspects of the Secretary’s website that utilize the Service and any email or other type of communication between you and Agile Canine Entries LLC. Agile Canine Entries LLC reserves the right to amend the Terms of Use from time to time without notice. You should check from time to time to determine if there have been any amendments. By your continued use of the Service, you consent to any amended Terms of Use.
Agile Canine Entries LLC will not be responsible for any outcome that may occur when entering an Trial. We reserve the rights to change prices and revise the resources usage policy at any time.
Updates to the Software
Agile Canine Entries LLC may from time to time, with or without notice, provide enhancements or improvements to the features/ functionality of its software and the software’s interface with Secretary websites, which may include patches, bug fixes, updates, upgrades and other modifications (“Updates”). Updates may modify or delete certain features and/or functionalities of its software. You agree that Agile Canine Entries LLC has no obligation to (i) provide any Updates, or (ii) continue to provide or enable any particular features and/or functionalities of its software to you. You further agree that all Updates will be (i) deemed to constitute an integral part of the Company’s software as it may be offered by a Secretary and (ii) subject to these Terms of Use.
Registration Requirements
In consideration of your use of the Service and creation of a personal account, you represent that you are of legal age to form a binding contract. You agree to provide current, complete and accurate information as prompted by the applicable registration form and to maintain and properly update your personal information. You confirm that any any information you provide or use of the Services are for legitimate purposes and not to commit fraud. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Company suspects that such information is untrue, inaccurate, not current or incomplete, Agile Canine Entries may suspend or terminate [your account] and refuse any and all current or future use of the Services (or any portion thereof). Please note that we reserve the right to report suspected fraudulent use of the Services to appropriate law enforcement authorities.
You understand that you are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Agile Canine Entries LLC immediately of any unauthorized use of your account or any other breach of security. You agree that by providing your email address you may receive emails from Agile Canine Entries LLC.
Since the Services Agile Canine Entries LLC provides are under contract, only persons who are of legal age can agree to these terms and conditions. Junior handlers and other persons under 18 who desire to use the Service should seek the involvement of an adult who can legally use the Service on their behalf. By using the Services or any aspect of a Secretary’s website that makes use of the Services, you certify that you are of legal age and not restricted from using the Services by any law, rule or regulation of the United States, any state or any foreign government.
Termination
You agree that Agile Canine Entries LLC may, under certain circumstances and without prior notice, terminate your account. Cause for such termination includes, but is not limited to, (1) violations of the Terms of Use or other agreements, (2) requests by law enforcement or other government agencies, (3) discontinuance or modification to the Company’s software, the Service or any part thereof, (4) unexpected technical or security issues or problems, and (5) extended periods of inactivity. Termination of your Agile Canine Entries LLC account may include removing access to the Service; deleting your password and all related information, files and content associated with or inside your account; and barring further use of the Service. All terminations shall be made within the sole discretion of Agile Canine Entries LLC.
Payments and Refunds
We use Stripe to process all payments. Payments are subject to Stripe’s processing fees. Please read Stripe’s policies for more details. If you cancel an entry, we will refund only entry fees paid net of Stripe’s processing fees.
At present, the entry fee is $1 per dog per Trial. We reserve the right to adjust pricing at any time.
If your dog is waitlisted for a Trial, Stripe will retain your credit card information and automatically charge your entry fees only if, as and when your entry is released from the waitlist. Secretaries are responsible for all matters pertaining to waitlists.
Intellectual Property Rights
You acknowledge that the Service is and shall remain the property of the Company, that it is protected by copyrights, trademarks, trade secrets or other proprietary rights, and that these worldwide rights are valid and protected in all forms, media, and technologies existing now and hereinafter developed, notwithstanding the use of the Service by you or any other party. You agree to comply with all intellectual property laws and you shall not encumber any interest in, or assert any rights to, the Service. You may not modify, transmit, participate in the sale or transfer of, or create derivative works based on the Service or information provided, in whole or in part, in connection with the Service. You may not reproduce, duplicate, copy, trade, resell or exploit for any commercial purposes any portion of the Service. Except for use of the Service in accordance with these Terms of Use, no license to use the Service is expressed or implied. Parties infringing the forgoing shall be subject to prosecution under the intellectual property laws of the United States.
Linking and Framing
We prohibit the use of any links to the Service from websites other than those of Secretaries approved by Agile Canine Entries, LLC or framing any registration forms included within the Service with any other website.
Indemnification
You agree to indemnify and hold Agile Canine Entries LLC, and its affiliates, officers, agents, and employees, harmless from any claim, demand, cost, liability, obligation, or expense including reasonable attorneys’ fees, made or threatened by any third party due to or arising out of content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of these Terms of Use, or your violation of any rights of any other person.
Disclaimer of Warranties
Agile Canine Entries LLC does not make and hereby expressly disclaims any warranty of any kind regarding its software, the Service and/or content provided on or through a Secretary’s website, all of which are provided on an “as is” basis. Agile Canine Entries LLC is not responsible for any content, code or any other imprecision. Further, Agile Canine Entries LLC does not warrant the accuracy, completeness, currency or reliability of any of the information, content or data found on a Secretary’s website. Agile Canine Entries LLC makes no representation or warranty of any kind, express or implied, as to a Secretary’s website, including without limitation (1) as to the operation or availability of the Secretary’s website, or the information, content, and materials or products included thereon; (2) that the Secretary’s website will be uninterrupted or error-free; (3) as to the accuracy, reliability, or currency of any information or content provided through the Secretary’s website; or (4) that the Secretary’s website, its servers, the content, or e-mails sent from or on behalf of Agile Canine Entries LLC through the Secretary’s website are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. In such jurisdictions, warranties are disclaimed to the greatest extent permitted by law.
Limitation of Liability
In no event will Agile Canine Entries LLC, its affiliates, officers, agents or employees be liable for any damages whatsoever including but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (1) the use of or inability to use the Secretary’s website or the Service, (2) any transaction conducted through or facilitated by the site, (3) any claim attributable to errors, omissions or other inaccuracies in the Secretary’s website, the Service and/or content, (4) unauthorized access to or alteration of your transmission or data, (5) any viruses or other malicious software that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Secretary’s website or downloading of any content, materials, data, text, images or other from the Secretary’s website, (6) any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge, (7) any claim associated with any termination of your account, (8) loss of data or missed opportunity to enter an Trial, (9) any other loss of data or other information, personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Secretary’s website, third-party software and/or third-party hardware used with the Secretary’s website or (10) any other matter relating to the Secretary’s website, the Service or the content, even if Agile Canine Entries LLC has been advised of the possibilities of such damages. If you are dissatisfied with the Secretary’s website, the Service and/or content, or the Terms of Use, your sole and exclusive remedy is to discontinue using the Secretary’s website or the Service and, if the Secretary makes alternative means of entry into Trials available, to use such alternative means. 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, liability of Agile Canine Entries LLC is limited and warranties are excluded to the greatest extent permitted by law.
Notwithstanding any damages that you might incur, the entire liability of Agile Canine Entries LLC and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for an Entry that is not properly processed.
Contact
If you have any questions about the Terms of Use, the Service or your dealings with Agile Canine Entries, LLC, please contact us at: hello@agilecanineentries.com.