TERMS & CONDITIONS OF USE AND PRIVACY POLICY
Welcome to Germinder.com (“Site”) operated by Germinder & Associates, Inc. This page explains the terms and conditions (“Terms and Conditions”) under which you may use this Site. By accessing, browsing and/or using this Site, you acknowledge that you have read, understood and agree to be bound by these Terms and Conditions. Your use of this Site constitutes a binding agreement between you and Germinder & Associates.
IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE SITE.
MODIFICATION
You should visit this page periodically to review the Terms and Conditions. You acknowledge and agree that the Terms and Conditions currently in effect as of this date may be modified or amended by Germinder & Associates from time to time. Your continued use of the Site after a modification or amendment shall constitute your acceptance and agreement to the modified Terms and Conditions.
Germinder & Associates, Inc. may terminate this Site at any time. In addition, Germinder & Associates, Inc. reserves the right to change or modify the format, organization or content of the Site at any time without notice.
JURISDICTION
Any claim relating to, and the use of, this Site and the materials contained on the Site are governed by the laws of the State of Missouri, without respect to conflicts of laws principles. Any claim based upon this Site shall be brought and maintained in the federal or state courts located in Jackson County, Missouri.
This Site is controlled and operated by Germinder & Associates, Inc. from its offices within the United States. Germinder & Associates, Inc. makes no representation that materials in the Site are appropriate or available for use in other locations outside the United States, and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations outside the United States do so on their own initiative and are responsible for compliance with applicable local laws.
YOUR PRIVACY
Germinder & Associates, Inc. has created this privacy statement in order to demonstrate its commitment to privacy. Personal information, such as your address, browser and version, operating system and the site you came from may be collected by Germinder & Associates, Inc. News media users are also requested to register and to furnish name, affiliation, address and other information. This information is used in part for statistical purposes to help Germinder & Associates, Inc. improve this Site and provide statistics to advertisers, sponsors and companies posting news releases. Information which will identify you personally is not sold or disclosed to advertisers or other third parties. If you furnish your e-mail address, this information may be used to provide you with a period newsletter published by Germinder & Associates, Inc.
USE RESTRICTIONS
The copyright in contents of this Site other than the Releases, such as text, graphics, logos, button icons, images and software, (“Material”) is held by Germinder & Associates, Inc. or by the original creator of the Material. You are strictly prohibited from using such Material for any reason, including the reproduction, modification, distribution, transmission, republication, or display of the Material.
The trademarks, service marks and logos (“Trademarks”) used and displayed on this Site are registered and unregistered Trademarks of Germinder & Associates, Inc. and others. Nothing on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site, without the written permission of the Trademark owner. The name of Germinder & Associates, Inc. and Germinder & Associates, Inc.’s logo may not be used in any way, including in advertising or publicity pertaining to distribution of Material on this Site, without prior written permission. Germinder & Associates, Inc. prohibits use of Germinder & Associates, Inc.’s logo as a “hot” link to the Site unless establishment of such a link is approved in advance by Germinder & Associates, Inc. in writing.
You may not frame the contents of this Site on another site maintained by you and are prohibited from “hot-linking” to interior pages of this site unless such “hot links” are part of the display of the news and information furnished within the Releases posted on the Site.
DISCLAIMER
This Site is created, in part, to provide a one-stop source of information about pets, veterinary medicine and pet-related industries. Information displayed here is compiled from many sources and much of it is furnished by third parties. Germinder & Associates, Inc. uses its best efforts to ensure that the material is accurately, timely and complete. However, the material may contain inaccuracies or errors which are outside our control. The use of this Site and the information displayed hereon is, therefore, at your own risk.
The transmission of information over the Internet is subject to interruption as a result of forces and events outside the control of Germinder & Associates, Inc. and its service providers. Germinder & Associates makes no representations or warranties about the continued operation of this Site.
The opinions expressed in the material posted to this site are not necessarily those of the owners, directors, editors or sponsors of germinder.com.
THE SITE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. GERMINDER & ASSOCIATES, INC., TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. GERMINDER & ASSOCIATES, INC. AND ITS AFFILIATES MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO THE NEGLIGENCE OF GERMINDER & ASSOCIATES, INC., SHALL GERMINDER & ASSOCIATES, INC. BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT OR TORT (INCLUDING NEGLIGENCE). IF YOUR USE OF MATERIALS FROM THE SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.
INDEMNIFICATION
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS GERMINDER & ASSOCIATES, INC., AND ITS OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, COSTS, LIABILITIES, DAMAGES, CLAIMS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARE CAUSED BY, OR RESULT OR ARISE FROM, YOUR USE OF THIS SITE OR ANY BREACH BY YOU OF ANY OF THESE TERMS AND CONDITIONS.
LINKS TO OTHER SITES
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Germinder & Associates, Inc. of the contents on such third-party Web sites. Germinder & Associates, Inc. is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party sites.
ADVERTISEMENTS
Your correspondence or business dealings with advertisers found on or through the Site, 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 hereby release Germinder & Associates, Inc. of, and agree that Germinder & Associates, Inc. shall not be responsible or liable for any loss, damage or claim (including negligence of Germinder & Associates, Inc.) of any sort incurred as the result of any such dealings or as the result of the presence of advertisers on the Site.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Notice: If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Germinder & Associates, Inc. the following information in a written Notice addressed to the following Designated Agent:
L. Germinder
Germinder & Associates, Inc.
P.O. Box 22529
Kansas City, MO 64113
PH: 816-822-0192
lgerminder@germinder.com
The Notice should contain: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the interest which has allegedly been infringed, (b) identification of the copyrighted work that has allegedly been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a list of such works at that site, (c) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Germinder & Associates, Inc. to locate the material, (d) information reasonably sufficient to permit Germinder & Associates, Inc. to contact the party complaining of the alleged infringement (“Complaining Party”), including an address, telephone number and/or an electronic mail address, (e) a statement by the Complaining Party that he or she has a good faith belief that the disputed use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law, and (f) a statement by the Complaining Party, made under penalty of perjury, that the above information is accurate and that the Complaining Party is the owner of an exclusive right that is allegedly infringed or is authorized to act on the owner’s behalf.
Upon receipt of the written Notice outlined above, Germinder & Associates, Inc. will (a) remove or disable access to the work that is alleged to be infringing (b) forward the written Notice to the person who is alleged to be infringing (“Subscriber”), and (c) take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the work.
Germinder & Associates, Inc. has adopted policies pursuant to the Digital Millennium Copyright Act which govern the Subscriber’s response to Notices sent according to the above described procedure. If you would like more information about these policies, please send a written request to the Designated Agent specified above.
GENERAL PROVISION
If any provisions of these Terms and Conditions is determined by a court of competent jurisdiction to be invalid or unenforceable, such determination shall not affect the validity or enforceability of any other part or provision of these Terms and Conditions.