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Terms & Conditions of Use of This Website

1. This Agreement

PLEASE REVIEW THESE TERMS OF USE BEFORE USING THE WEBSITE.
This is a legal agreement (the "Agreement") between you ("You" or "Your") and bengapedigrees.com, RainbowSafari Bengals, and Alan Brown ("Bengal Pedigrees") regarding Your use of bengapedigrees.com and related services (collectively, the "Website"). By using the Website, You represent and warrant that You have read and understood, and agree to be bound by, the Agreement.
By using the Website, You further represent and warrant that You are 18 years old or older, and that You are otherwise legally qualified to enter into contracts under applicable law. IF YOU DO NOT UNDERSTAND THIS AGREEMENT, OR DO NOT AGREE TO BE BOUND BY IT OR THE PRIVACY POLICY, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.

2. Changes

Bengal Pedigrees may, at any time and without further notice, revise this Agreement by posting an amended version on the Website. Any changes will be effective immediately upon posting. It is Your responsibility to review this Agreement and the Privacy Policy periodically. IF AT ANY TIME YOU FIND EITHER UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE WEBSITE.
Bengal Pedigrees also may, at any time and without notice, modify or discontinue the Website. You agree that Bengal Pedigrees shall have no obligation of any sort in connection with any modification or discontinuance of the Website.

3. Informational Purposes Only

Bengal Pedigrees hereby grants You a nonexclusive license to download and display the Website, and to reproduce the content located thereon. Bengal Pedigrees provides the Website for information purposes only. THE WEBSITE DOES NOT CONTAIN OR CONSTITUTE, AND SHOULD NOT BE INTERPRETED AS, LEGAL ADVICE, MEDICAL ADVICE, OR OPINION.

4. Communications Made to Third Parties by Means of the Website

You acknowledge that any communications sent by You to third parties by means of the Website (for e.g. through a "tell-a-friend" form), whether by email or otherwise, are not private, and such communications may be read by third parties with or without your knowledge. Further, You agree that the content of any communications that you send to third parties by means of the Website shall be non-confidential and non-proprietary. Bengal Pedigrees reserves the right to use such communication for any purpose.

5. Prohibited Uses

You represent and warrant that You will not use the Website to:

  • a. Upload or transmit content that violates the privacy, intellectual property or other proprietary rights of any third party;
  • b. Transmit viruses, Trojan horses, worms, malicious code or other harmful or destructive content;
  • c. Violate this Agreement or any applicable law or regulation, including without limitation laws designed to regulate unsolicited email or other electronic advertising;
  • d. Harm the goodwill or standing of Bengal Pedigrees or any of its clients, partners, employees, affiliates, agents, contractors or representatives;
  • e. Attempt to probe, scan, test or violate the security features of the Website or of any associated system or network, or to obtain unauthorized access to materials or other information stored thereon;
  • f. Attempt to interfere with the use of the Website by any other user.

Bengal Pedigrees reserves the right to cooperate fully in any investigation by law enforcement officials of any violation of this Agreement.

6. Third-Party Websites

The Website may contain links to websites operated by third parties ("Third-Party Websites"). Bengal Pedigrees does not have control over Third-Party Websites, each of which may be governed by its own terms of service and privacy policy. Bengal Pedigrees has not reviewed, and cannot review, Third-Party Websites, and therefore does not warrant or endorse any Third-Party Website or the content appearing thereon. By visiting or using Third-Party Websites, You assume all responsibility and liability for all resulting harms, whether to You or to any third party, including without limitation as resulting from Your downloading or use of any content, software or other materials available therefrom.

7. Consent to Receive Email from Bengal Pedigrees

By becoming a client of Bengal Pedigrees, You consent to receive Bengal Pedigrees's periodic emails, which Bengal Pedigrees contact you by the email to Your address on file with Bengal Pedigrees.

8. Intellectual Property

The content located on the Website, including without limitation this Agreement, is the copyrighted property of Bengal Pedigrees or its licensors. Similarly, the Bengal Pedigrees name, the bengalpedigrees.com domain name and all other names and logos used by Bengal Pedigrees in connection with the offering of Bengal Pedigrees's goods and services are the trademarks and service marks, or registered trademarks or registered service marks, of Bengal Pedigrees or its licensors. Except as explicitly permitted, neither Your use of the Website nor this Agreement grants You any right, title or interest in or to Bengal Pedigrees and Bengal Pedigrees's licensors' copyrights, trademarks and service marks. Copyright 2003 to the present, Bengal Pedigrees. ALL RIGHTS RESERVED.

If You believe that material located on or linked to by the Website infringes one or more of Your copyrights, please immediately notify Bengal Pedigrees by means of a fax to 419-851-0530. Your fax should include: a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; an identification of the copyright claimed to have been infringed; a description of the nature and location of the material that You claim to infringe Your copyright, in sufficient detail to permit Bengal Pedigrees to find and positively identify that material; Your name, address, telephone number and email address; and a statement by You (i) that You believe in good faith that the use of Your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent and, (ii) under penalty of perjury, that all of the information contained in Your faxed notice is accurate, and that You are either the copyright owner or a person authorized to act on their behalf.

9. DISCLAIMER OF WARRANTIES

Bengal Pedigrees HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bengal Pedigrees EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. OPERATION OF THE WEBSITE MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME ALL RESPONSIBILITY AND LIABILITY FOR ALL HARMS, WHETHER TO YOU OR TO ANY THIRD PARTY, ARISING OR RESULTING FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION AS RELATE TO ANY DAMAGE TO YOUR SYSTEMS OR DATA.

10. LIMITATION OF LIABILITY

THE LIABILITY OF Bengal Pedigrees IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Bengal Pedigrees SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, REGARDLESS OF ANY ADVICE OR NOTICE GIVEN TO Bengal Pedigrees, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE. ADDITIONALLY, THE MAXIMUM LIABILITY OF Bengal Pedigrees UNDER ALL CIRCUMSTANCES WILL BE THE AMOUNT PAID BY YOU TO Bengal Pedigrees IN CONSIDERATION OF YOUR USE OF THE WEBSITE OR $25, WHICHEVER IS LESS. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN Bengal Pedigrees AND YOU. THE WEBSITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.

11. Indemnity

You agree to defend, indemnify and hold harmless Bengal Pedigrees and its partners, employees, affiliates, agents, contractors and representatives (the "Bengal Pedigrees Parties") from and against all claims, losses, costs, damages, liabilities, and expenses (including without limitation attorneys' fees) arising out of or relating to: (i) Your use of the Website; (ii) any violation by You of this Agreement; or (iii) Your submission to Bengal Pedigrees by means of the Website of incomplete, inaccurate or untimely information or other data. The Bengal Pedigrees Parties shall have the right, but not the obligation, to participate through counsel of their choice in any defense by You under this Section.

12. Termination

In the event of a breach by You, this Agreement and all licenses granted thereunder shall automatically terminate, except that the following provisions will survive: 8-11 and 13. Any termination of this Agreement terminates all of Your rights to use the Website, including Your license to the content located thereon.

Without limiting any other provision of this Agreement, Bengal Pedigrees reserves the right to, in its sole discretion and without notice or liability, deny use of the Website to any person for any reason or no reason at all.

13. Choice of Law; Jurisdiction and Venue

The Website is located and operated by Bengal Pedigrees in Mulberry, Kansas. This Agreement shall be interpreted and enforced as though executed in Mulberry, and shall be governed by and construed in accordance with the laws of the State of Kansas without regard to its conflict of law principles. THE PROPER VENUE FOR ANY JUDICIAL ACTION ARISING OUT OF OR RELATING TO THE WEBSITE OR THIS AGREEMENT WILL BE THE STATE AND FEDERAL COURTS LOCATED IN GIRARD, KANSAS. THE PARTIES HEREBY STIPULATE TO, AND AGREE TO WAIVE ANY OBJECTION TO, THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS, AND FURTHER EXPRESSLY SUBMIT TO EXTRATERRITORIAL SERVICE OF PROCESS.

14. Entire Agreement; Amendment

This Agreement constitutes the entire agreement between Bengal Pedigrees and You concerning Your use of the Website. This Agreement may only be modified as stated in Section 2, above, or by amendment signed by an authorized representative of Bengal Pedigrees.

15. Severability; Waiver

If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties' original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

16. Assignment

This Agreement and all of Your rights and obligations hereunder will not be assignable or transferable by You without the prior written consent of Bengal Pedigrees. Notwithstanding the foregoing, this Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

17. Relationship

Without limiting any other provision of this Agreement, this Agreement creates no agency, partnership, joint venture or any other relationship between You and Bengal Pedigrees.

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