BREEDWELL.COM TERMS AND CONDITIONS
This User Agreement describes the terms on which Breedwell.com (“Breedwell.com”, “we”, “us”) offers you (“you” or “your”), the user, access to our site (including all content and functionality available through Breedwell.com and products for purchase on Breedwell.com), and services provided by us. By visiting or using the services available on, or purchasing products through, Breedwell.com (the “Site” or “Breedwell.com”) you are agreeing to the following terms without change (collectively, the “Agreement”). If you do not agree to any of the terms in this Agreement and the related policies referenced in this Agreement, please do not use this Site or purchase any products. This Agreement shall become effective upon your acceptance or your use of the Site.
Only parties that can lawfully enter into and form legal contracts may use the Site and our services. If you use our services, you expressly represent to us that you are at least over the age of eighteen (18) and may lawfully enter into and form binding contracts, conditions, obligations, affirmations, representations and warranties. Before you may purchase products through the Site, you must read and accept all of the terms and conditions in this Agreement. We reserve the right in our sole and absolute discretion to refuse, suspend, or terminate service or refuse sales to anyone.
- Use Of The Site
You agree that you will use the Site and our services only for lawful purposes and in a lawful manner. While using the Site and our services, you agree that you will not:
- provide a false name or use an invalid or unauthorized email or physical address;
- use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using the Site;
- use an invalid or unauthorized payment method;
- violate any laws, third party rights, or our rights; or
- copy, modify, or distribute content from the Site and/or our copyrights and trademarks.
You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content from the Site without our prior express written permission and the appropriate third party, as applicable; (c) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (d) bypass any measures we may use to prevent or restrict access to the Site.
You agree that any content downloaded or otherwise obtained through the use of the Site is done at Your own discretion and risk and You will be solely responsible for any damage to Your computer system or loss of data that results from the download of any such content and material.
- Reservation of Rights
We retain the right, but do not have an obligation, in our sole and absolute discretion, to prevent or restrict access to the Site or to our services, or take any other action in case of technical problems, objectionable material, inaccuracies, unlawful content, procedures or actions otherwise prohibited by our policies and rules, or for any other reason.
- Links To Third Party Content. You may find on the Site links to other sites. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such sites or resources. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk and expressly relieve us from any and all liability arising from your use of any third-party website.
- Warranty Disclaimer
Breedwell offers a thirty (30) day warranty on harness and LED products measured from the date of sale. If issues occur within this time frame, Breedwell will attempt to resolve the issue. However, you agree that Breedwell may resolve the issue in the manner it decides in its sole discretion, which may include replacement of the product or refund of the purchase price of the product.
Breedwell makes no warranty on battery life for batteries in products purchased from Breedwell. Batteries should last between 8-22 hours per charge depending on the light mode utilized. However, you should expect the battery to weaken over time and eventually cease holding a charge.
LED products sold by Breedwell that require charging should not be overcharged as overcharging will weaken the battery life cycle. You agree that use of products and charging of batteries is at Your sole discretion and it is Your sole responsibility to ensure that products are free from defect, that products are safe to wear, that batteries are properly charged to recommended levels, that batteries are recharged in a safe manner.
You acknowledge that prolonged use of products may cause batteries to overheat or become hot to the touch. You acknowledge that use of the product is at your sole discretion and that You will limit the use of any product to a reasonable amount of time to prevent overheating of any batteries. Should batteries overheat You should immediately cease use of the product and remove the product from the proximity of your skin.
Breedwell products may have flashing lights. If you have any medical condition which is exacerbated by the use of Breedwell products you must immediately cease use of the product and seek assistance from a licensed physician.
BREEDWELL SHALL NOT BE LIABLE FOR ISSUES RELATED TO MALFUNCTIONING BATTERIES OR BATTERIES THAT LOSE CHARGE OVER TIME. YOU AGREE TO SEEK FULL RECOMPENSE FOR ANY BATTERY ISSUES SOLELY FROM THE BATTERY MANUFACTURER.
NOTWITHSTANDING, YOU AGREE THAT YOUR USE OF THIS SITE AND ANY PRODUCTS PURCHASED THROUGH THE SITE SHALL BE AT YOUR SOLE RISK. THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED BY US ARE PROVIDED “AS IS,” AS AVAILABLE, AND WITHOUT ANY WARRANTIES OR CONDITIONS (EXPRESS OR IMPLIED, ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY OR RELIABILITY OF ANY PRODUCT PURCHASED THROUGH OUR SITE. WE CANNOT GUARANTEE CONTINUOUS OR SECURE ACCESS TO OUR SERVICES OR THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS. OPERATION OF THE SITE MAY BE AFFECTED BY FACTORS OUTSIDE OF OUR CONTROL. TO THE FULLEST EXTENT LEGALLY PERMITTED, BREEDWELL.COM, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM AND EXCLUDE ALL IMPLIED WARRANTIES, TERMS AND CONDITIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT FOR THE SITE, THE SERVICES, AND ANY PRODUCTS PURCHASED THROUGH THE SITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU RECEIVE FROM US OR THROUGH THE USE OF OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
- Release of Liability
IN NO EVENT SHALL BREEDWEL BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICE OR PRODUCTS PURCHASED FROM BREEDWELL, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM YOUR USE OF PRODUCTS PURCHASED FROM BREEDWELL.
You will not hold Breedwell.com liable to you for any special, indirect, consequential or punitive damages pursuant to this agreement, including but not limited to, loss of profits, loss of business opportunities or loss of goodwill or reputation, even if advised of the possibility of such damages, arising out of Your use of the Site, Your purchase of any products through the Site, or your personal use of any products purchased through the Site. You release Breedwell.com (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. You hereby waive California Civil Code §1542 (and any analogous law in any other applicable jurisdiction), which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You further acknowledge that this waiver is an essential and material term of this agreement, and that without such waiver we would not have entered into this Agreement.
Notwithstanding any other provision of this agreement, in no event will our liability to you for any action or claim related to the services provided, purchase or products, or Your personal use of products purchased from Breedwell.com, under this agreement, whether based on contract, tort, negligence or any other theory of liability, exceed the greater of: (a) $100 or (b) the total purchase price of the product(s) purchased by You giving rise to the liability. Some states and jurisdictions do not allow for the exclusion or limitation of incidental or consequential damages, so this limitation and exclusion may not apply to you.
You agree to defend, hold harmless and indemnify Breedwell.com, its officers, directors, employees and agents, from and against any and all losses, costs, expenses, damages or other liabilities (including reasonable attorneys’ fees) incurred by us from and against any cost, liability, loss, damage, cause of action, claim, suit, proceeding, demand or action brought by a third party against us resulting from: (i) your use of the Site (ii) your decision to supply credit information via the Site, including personal financial information; (iii) your breach of any provision of this Agreement; (iv) any liability arising from the tax treatment of payments or any portion thereof to any party; or (v) any act or omission of yours with respect to the payment of fees. This defense and indemnification will survive this Agreement and your use of the Site.
- Intellectual Property
(a) Content License and Access. Subject to and conditioned on compliance with this Agreement, we grant you a limited license to access and to use the Site solely for informational purposes.
You cannot and must not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any content found on Breedwell.com in any way for any public or commercial purpose without our prior written consent or the consent of the rights holder. Unless you are otherwise lawfully entitled to do so, you cannot and must not use any content found on the Site on any other site, in a networked computer environment, or in any medium, for any purpose except your own personal viewing. You agree that you will not attempt to reverse engineer or attempt to interfere with the operation of any part of the Site unless expressly permitted by law.
The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by us, in writing.
(b) Reservation of Rights; Limited Licenses. We and our licensors retain all of its right, title and interest in and to all patent rights, inventions, copyrights, know-how and trade secrets relating to the Site. The Breedwell.com logo and name are trademarks of Breedwell.com, and may be registered in certain jurisdictions. All other product names, company names, marks, logos and symbols on Breedwell.com may be the trademarks of their respective owners. Except as expressly stated above, nothing in this Agreement confers any license under any of our or any third party’s intellectual property rights, whether by estoppel, implication or otherwise.
Unless you otherwise tell us in writing, we will communicate with you by email (using the email you provided to us during any purchase, as amended by you) or by posting communications on the Site. You consent to receive communications from us electronically and you agree that these electronic communications satisfy any legal requirement that such communications be in writing. You will be considered to have received a communication 24 hours after we send it to the email address you have provided to us (unless the sender is notified that the email address is invalid), or when we posts such communication on the Site. You must keep your email address updated, and you must regularly check the Site for postings. We may also give you legal notice to the address provided during the purchase process (as amended by you). In such case, notice shall be deemed given three days after the date of mailing.
- Law and Forum for Disputes.
This Agreement is governed in all respects by the laws of the State of New York, without giving effect to any principle that may provide for the application of the law of another jurisdiction. You agree that any claim or dispute you may have against Breedwell.com must be resolved by a court located in New York County, New York. You hereby submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
You agree that the Site shall be deemed solely based in New York and that the Site shall be deemed a passive website that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. We may amend this Agreement at any time and in our sole discretion by posting the revised terms on this site. Unless otherwise stated in such revision, the revised terms will take effect when they are posted. You are responsible for reviewing the notice and any changes. This Agreement may not be otherwise amended except in a writing signed by both you and us. Your continued use of the Site and our services following changes to the Agreement will constitute your acceptance of changes or modifications to this Agreement. If you do not agree to any changes to this Agreement, do not continue to use the Site or our services.
This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter of this Agreement.
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of this Site may not be legal for or by certain persons or in certain countries. Some countries charge customs and taxes which are your responsibility. Please check with your local authorities/agencies about import regulations/laws.
Breedwell.com will not be considered to have modified or waived any of our rights or remedies under this Agreement unless the modification or waiver is in writing and signed by an authorized representative of Breedwell.com. No delay or omission by us in exercising our rights or remedies will impair our rights or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. If any part of this Agreement is held to be unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remainder will remain in full force and effect. Nothing in this Agreement or related policies should be deemed to confer rights or benefits on third parties. We may assign this Agreement without restriction.
The boldface paragraph headings in this Agreement are included for ease of reference only and have no binding effect. This Agreement and all policies and documents referenced in this Agreement comprise the entire agreement between you and us with respect to the use of this Site and our services and supersede all prior agreements between the parties regarding the subject matter contained herein as well as any conflicting or inconsistent terms in any websites that link to or are linked from this Site.
Last Updated: November 28, 2018.