|
|
|
Terms of Service
Agreement
-
ACCEPTANCE OF TERMS
Welcome to Retriever News/EntryExpress. Retriever News/EntryExpress
provides its service to you, subject to the following Terms of Service ("TOS"),
which may be updated by us from time to time. Pricing and Adminstrative Fees are
subject to change without notice. You can review the most current version
of the TOS at any time at: http://www.entryexpress.net/tosfullscreen.aspx. In
addition, when using particular Retriever News/EntryExpress services, you and
Retriever News/EntryExpress shall be subject to any posted guidelines or rules applicable
to such services which may be posted from time to time. All such guidelines or
rules (including but not limited to our Spam Policy)
are hereby incorporated by reference into the TOS. Retriever News/EntryExpress may also
offer other services that are governed by different Terms of Service.
-
DESCRIPTION OF SERVICE
Retriever News/EntryExpress currently provides users with access to a rich
collection of resources, including various communications tools, search
engines, printing services, and personalized content (the "Service"). You also
understand and agree that the Service may include advertisements and that these
advertisements are necessary for Retriever News/EntryExpress to provide the Service. You
also understand and agree that the service may include certain communications
from Retriever News/EntryExpress, such as service announcements, administrative messages
and the Retriever News/EntryExpress Newsletter, and that these communications are
considered part of Retriever News/EntryExpress membership 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 Service, including the release of new
Retriever News/EntryExpress properties, shall be subject to the TOS. You understand and
agree that the Service is provided "AS-IS" and that Retriever News/EntryExpress 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 Service 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 necessary to access the Service.
-
YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you
are of legal age to form a binding contract and are not a person barred from
receiving services under the laws of the United States or other applicable
jurisdiction. You also agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service's registration
form (such information being 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 Retriever News/EntryExpress has reasonable grounds to suspect
that such information is untrue, inaccurate, not current or incomplete,
Retriever News/EntryExpress has the right to suspend or terminate your account and refuse
any and all current or future use of the Service (or any portion thereof).
Inaccurate or incomplete accounts will receive formal electronic notice and
given adequate time (7 days from time notice is sent) to make necessary
corrections. This is assuming that an accurate and current email address is
provided so that contact can be made.
-
Retriever News/EntryExpress PRIVACY POLICY
Registration Data and certain other information about you is subject
to our Privacy Policy. For more information, see our full privacy policy at
http://www.entryexpress.net/privacy.aspx.
-
MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the 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 Retriever News/EntryExpress 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. Retriever News/EntryExpress cannot and will not be
liable for any loss or damage arising from your failure to comply with this
Section 5.
-
MEMBER CONDUCT
You understand that all information, data, text, software, sound,
photographs, graphics, video, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the
person from which such Content originated. This means that you, and not
Retriever News/EntryExpress, are entirely responsible for all Content that you upload,
post, email, transmit or otherwise make available via the Service.
Retriever News/EntryExpress does not control the Content posted via the Service and, as
such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is
offensive, indecent or objectionable. Under no circumstances will
Retriever News/EntryExpress be liable in any way for any Content, including, but not
limited to, for any errors or omissions in any Content, or for any loss or
damage of any kind incurred as a result of the use of any Content posted,
emailed, transmitted or otherwise made available via the Service. You agree to
not use the Service to:
-
upload, post, email, transmit or otherwise make available any Content that is
unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory,
vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially,
ethnically or otherwise objectionable;
-
harm minors in any way;
-
impersonate any person or entity, including, but not limited to, a
Retriever News/EntryExpress official, forum leader, guide or host, 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 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 unsolicited or
unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as shopping rooms) that are designated for such purpose (please
read our complete Spam Policy);
-
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;
-
disrupt the normal flow of dialogue, cause a screen to "scroll" faster than
other users of the Service are able to type, or otherwise act in a manner that
negatively affects other users' ability to engage in real time exchanges;
-
interfere with or disrupt the Service or servers or networks connected to the
Service, or disobey any requirements, procedures, policies or regulations of
networks connected to the Service;
-
intentionally or unintentionally violate any applicable local, state, national
or international law, including, but not limited to, regulations promulgated by
the U.S. Securities and Exchange Commission, any rules of any national or other
securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
-
"stalk" or otherwise harass another; or
-
collect or store personal data about other users.
You acknowledge that Retriever News/EntryExpress may not pre-screen Content, but that
Retriever News/EntryExpress and its designees shall have the right (but not the
obligation) in their sole discretion to refuse or move any Content that is
available via the Service. Without limiting the foregoing, Retriever News/EntryExpress and
its designees 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 of any Content, including any reliance on the
accuracy, completeness, or usefulness of such Content. In this regard, you
acknowledge that you may not rely on any Content created by Retriever News/EntryExpress or
submitted to Retriever News/EntryExpress, including without limitation information in
Retriever News/EntryExpress Message Boards, and in all other parts of the Service. You
acknowledge, consent and agree that Retriever News/EntryExpress 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: (a) comply with legal process; (b) enforce the TOS; (c) respond
to claims that any Content violates the rights of third-parties; (d) respond to
your requests for customer service; or (e) protect the rights, property, or
personal safety of Retriever News/EntryExpress, its users and the public. You understand
that the technical processing and transmission of the Service, including your
Content, may involve (a) transmissions over various networks; and (b) changes
to conform and adapt to technical requirements of connecting networks or
devices. You understand that the Service and software embodied within the
Service may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by
Retriever News/EntryExpress and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded
into the Service. Any unauthorized reproduction, publication, further
distribution or public exhibition of the materials provided on the Service, in
whole or in part, is strictly prohibited.
-
SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply
with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside.
-
CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Retriever News/EntryExpress does not claim ownership of Content you submit or
make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the
Service, you grant Retriever News/EntryExpress the following world-wide, royalty free and
non-exclusive license(s), as applicable:
-
With respect to Content you submit or make available for inclusion on publicly
accessible areas of Retriever News/EntryExpress, the license to use, distribute,
reproduce, modify, adapt, publicly perform and publicly display such Content on
the Service solely for the purposes of providing and promoting the specific
Retriever News/EntryExpress to which such Content was submitted or made available. This
license exists only for as long as you elect to continue to include such
Content on the Service and will terminate at the time you remove or
Retriever News/EntryExpress removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of the
Retriever News/EntryExpress network of properties that are intended by Retriever News/EntryExpress to
be available to the general public. By way of example, publicly accessible
areas of the Service would include Retriever News/EntryExpress. However, publicly
accessible areas of the Service would not include portions of Retriever News/EntryExpress
that are limited to members, Retriever News/EntryExpress services intended for private
communication such as your registration data, events calendar, or areas off of
the Retriever News/EntryExpress network of properties such as portions of World Wide Web
sites that are accessible through via hypertext or other links but are not
hosted or served by Retriever News/EntryExpress.
-
INDEMNITY
You agree to indemnify and hold Retriever News/EntryExpress, and its
subsidiaries, affiliates, officers, agents, co-branders or other partners, and
employees, 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 or make available through the Service, your use of the Service,
your connection to the Service, your violation of the TOS, or your violation of
any rights of another.
-
NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or
exploit for any commercial purposes, any portion of the Service (including your
Retriever News/EntryExpress I.D.), use of the Service, or access to the Service.
-
MODIFICATIONS TO SERVICE
Retriever News/EntryExpress reserves the right at any time and from time to time
to modify or discontinue, temporarily or permanently, the Service (or any part
thereof). You agree that Retriever News/EntryExpress shall not be liable to you or to any
third party for any modification, suspension or discontinuance of the Service.
Modifications to the Service that impact core functionality of the Service will
be preceded by electronic notification to all active users, within a reasonable
amount of time. Minor enhancements and modifications that do not hinder or
impact core functionality of the Service may occur without notice to you.
-
TERMINATION
You agree that Retriever News/EntryExpress may, under certain circumstances and
without prior notice, immediately terminate your Retriever News/EntryExpress account.
Cause for such termination 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) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and (f) extended periods of inactivity. Termination of your
Retriever News/EntryExpress account includes (a) removal of access to all offerings within
the Service (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 further use of the Service. Further, you agree that all
terminations shall be made in Retriever News/EntryExpress's sole discretion and that
Retriever News/EntryExpress shall not be liable to you or any third-party for any
termination of your account, any associated email address, or access to the
Service.
-
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Service, 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. You agree that Retriever News/EntryExpress 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 on
the Service.
-
LINKS
The Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Retriever News/EntryExpress has no control over
such sites and resources, you acknowledge and agree that Retriever News/EntryExpress 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 Retriever News/EntryExpress 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 Content, goods
or services available on or through any such site or resource.
-
Retriever News/EntryExpress PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary software
used in connection with the Service ("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
sponsor advertisements or information presented to you through the Service or
advertisers is protected by copyrights, trademarks, service marks, patents or
other proprietary rights and laws. Except as expressly authorized by
Retriever News/EntryExpress or advertisers, you agree not to modify, rent, lease, loan,
sell, distribute or create derivative works based on the Service or the
Software, in whole or in part. Retriever News/EntryExpress grants you a personal,
non-transferable and non-exclusive right and license to use the object code of
its Software on a single computer; provided that you do not (and do not allow
any third party to) copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer
any right in the Software. You agree not to modify the Software in any manner
or form, or to use modified versions of the Software, including (without
limitation) for the purpose of obtaining unauthorized access to the Service.
You agree not to access the Service by any means other than through the
interface that is provided by Retriever News/EntryExpress for use in accessing the
Service.
-
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
-
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS
DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF ANY SUCH MATERIAL.
-
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
Retriever News/EntryExpress OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY STATED IN THE TOS.
-
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO
CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE
SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS
EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR
ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN
PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND
CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE
USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF
AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
-
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Retriever News/EntryExpress SHALL NOT BE
LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS,
GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ENTRY EXPRESS HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE
INABILITY TO USE THE SERVICE; (ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA
-
EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR
THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL
DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY
NOT APPLY TO YOU.
-
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.
-
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL
PROPERTY INFRINGEMENT
Retriever News/EntryExpress respects the intellectual property of others, and we ask our
users to do the same. Retriever News/EntryExpress may, in appropriate circumstances and at
its discretion, disable and/or terminate the accounts of users who may be
repeat infringers. If you believe that your work has been copied in a way that
constitutes copyright infringement, or your intellectual property rights have
been otherwise violated, please provide Retriever News/EntryExpress's Copyright Agent the
following information:
-
an electronic or physical signature of the person authorized to act on behalf
of the owner of the copyright or other intellectual property interest;
-
a description of the copyrighted work or other intellectual property that you
claim has been infringed;
-
a description of where the material that you claim is infringing is located on
the site;
-
your address, telephone number, and email address;
-
a statement by you that you have a good faith belief that the disputed use is
not authorized by the copyright owner, its agent, or the law;
-
a statement by you, made under penalty of perjury, that the above information
in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property
owner's behalf.
Entry Express Inc.'s Agent for Notice of claims of copyright,
technology rights or usage, or other
intellectual property infringement can be reached as follows:
By mail:
Stacey Beason CPA
Chief Financial Officer
Entry Express Inc.
PO Box 743
420 E. Main St
Charleston,
AR 72933
By email:
sbeason@entryexpress.net
-
GENERAL INFORMATION
Entire Agreement. The TOS constitute the entire agreement between you
and Retriever News/EntryExpress and govern your use of the Service, superseding any prior
agreements between you and Retriever News/EntryExpress. You also may be subject to
additional terms and conditions that may apply when you use or purchase certain
other Retriever News/EntryExpress services, affiliate services, third-party content or
third-party software. Waiver and Severability of Terms. The failure of
Retriever News/EntryExpress 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
Retriever News/EntryExpress account is non-transferable and any rights to your
Retriever News/EntryExpress I.D. or contents within your account 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 Service 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.
-
For AKC Events
By entering an AKC event through Retriever News/EntryExpress you agree to the
following:
AKC ENTRY AGREEMENT
I certify that I am the actual owner of the dog(s), or that I
am the duly authorized agent of the actual owner whose name I have entered
and I authorize Entry Express to submit this entry to the
hosting club on my behalf. In consideration of the acceptance of this entry, I
(we) agree to abide by the rules and regulations of The American Kennel Club in
effect at the time of this event, and any additional rules and
regulations appearing in the premium list of this event and entry form and any
decision made in accord with them. I (we) agree that the club
holding this event has the right to refuse this entry for cause which the club
shall deem sufficient. In consideration of the acceptance of this
entry and of the holding of this event and of the opportunity to have the
dog judged and to win prizes, ribbons, or trophies, I (we) agree to
hold the AKC, the event-giving club, their members, directors, governors,
officers, agents, superintendents or event secretary and the owner
and/or lessor of the premises and any provider of services that are
necessary to hold this event and any employees or volunteers of the
aforementioned parties, and any AKC approved judge, judging at this
event, harmless from any claim for loss or injury which may be alleged to have
been caused directly or indirectly to any person or thing by
the act of this dog while in or about the event premises or grounds or near any
entrance thereto, and I (we) personally assume all responsibility
and liability for any such claim; and I (we) further agree to hold the
aforementioned parties harmless from any claim for loss, injury
or damage to this dog. Additionally, I (we) hereby assume the sole
responsibility for and agree to indemnify, defend and save the
aforementioned parties harmless from any and all loss and expense (including
legal fees) by reason of the liability imposed by law upon
any of the aforementioned parties for damage because of bodily injuries,
including death at any time resulting therefrom, sustained by any
person or persons, including myself (ourselves), or on account of damage to
property, arising out of or in consequence of my (our) participation
in this event, however such, injuries, death or property damage may be caused,
and whether or not the same may have been caused or may
be alleged to have been caused by the negligence of the aforementioned parties
or any of their employees, agents, or any
other persons. I (WE)
AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED
TO THE ENTRY, EXHIBITION OR ATTENDANCE AT THE EVENT
BETWEEN THE AKC AND THE EVENT-GIVING CLUB (UNLESS OTHERWISE
STATED IN TIS PREMIUM LIST) AND MYSELF (OURSELVES) 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
AKC BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST
BE FOLLOWED AS SET FORTH IN THE AKC CHARTER AND BYLAWS, RULES,
REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.
-
VIOLATIONS
Please report any violations of the TOS to our
Customer Care group.
|
|
|
|