Terms of Use

Terms and Conditions

Last updated: August 16, 2024

Welcome!

These Terms of Use (“Terms”) govern your access and use of the https://englishspringerspaniels.org/ website (the “Service”) operated by English Springer Spaniel Field Trail Association (“ESSFTA”).

BY USING OR OTHERWISE ACCESSING THE SERVICE, IN ANY MANNER WHATSOEVER, YOU AGREE TO BE BOUND BY AND COMPLY WITH THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, DO NOT ACCESS OR USE THE SERVICE IN ANY MANNER.

Purchases

If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, expiration date, billing address, and shipping information.

You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to ESSFTA is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant ESSFTA the right to provide the information to these third parties subject to our Privacy Policy.

ESSFTA reserves the right to refuse or cancel your order at any time for reasons including but not limited to product or service availability, errors in the description or price of the product or service, error in your order or other reasons.

ESSFTA reserves the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

Availability, Errors and Inaccuracies

ESSFTA is constantly updating product and service offerings on the Service. ESSFTA may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. Therefore, ESSFTA reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of ESSFTA and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. ESSFTA trademarks and trade dress may not be used in connection with any product or service without the prior written consent of ESSFTA.

Links To Other Web Sites

Our Service may contain links to third party web sites or services that are not owned or controlled by ESSFTA.

ESSFTA has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party web sites or services. ESSFTA does not warrant the offerings of any of these entities/individuals or their websites.

You acknowledge and agree that ESSFTA is not 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 third-party web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

ESSFTA may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of these Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Indemnification

You agree to defend, indemnify and hold harmless ESSFTA and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of (i) your use and access of the Service, or (ii) a breach of these Terms.

Limitation Of Liability

In no event shall ESSFTA, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not ESSFTA has been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

ESSFTA and its subsidiaries, affiliates, and its licensors do not warrant that (i) the Service will function uninterrupted, secure or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Service is free of viruses or other harmful components to a device; or (iv) the results of using the Service will meet your requirements.

Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

Governing Law

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

ESSFTA’s failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between ESSFTA regarding the Service, and supersede and replace any prior agreements ESSFTA might have had regarding the Service.

Changes

ESSFTA reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, ESSFTA will provide at least 30days notice prior to any new terms taking effect. What constitutes a material change will be determined at ESSFTA’s sole discretion.

By continuing to access or use ESSFTA’s Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, do not use the Service.

Contact Us

If you have any questions about these Terms, please contact us by email: info@englishspringerspaniels.org