Last Modified: November 1, 2023
The American Kennel Club, Inc. (“AKC”) owns and operates this website (“Website”). These Terms of Use are an agreement entered into by and between you (“User,” “you,” or “your”) and AKC. By accessing and using this Website, you agree to each of the terms and conditions set forth herein, our Privacy Notice, and agree to abide by the AKC’s Bylaws, rules, regulations, procedures as set forth in the AKC Charter and Bylaws, rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas the Website or as to certain transactions, services or products may be posted in those areas or in connection with a particular transaction, service or product and together with these Terms of Use, AKC Charter and Bylaws, rules, regulations, published policies (including, but not limited to, AKC Marketplace Terms), guidelines any other documents they incorporate by reference (collectively, the “Terms”), govern your access to and use of those areas and/or transactions, services or products and any other software, tools, features, or functionalities provided on or in connection thereof (collectively, our “Service”).
PLEASE READ THESE TERMS (INCLUDING ALL APPLICABLE SECTIONS) CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION/JURY TRIAL WAIVER PROVISION THAT REQUIRE, WITH ONLY SPECIFIED EXCEPTIONS OR UNLESS YOU OPT OUT PURSUANT TO THE PROVIDED INSTRUCTIONS, THE EXCLUSIVE USE OF FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS ONLY TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS, COLLECTIVE, PRIVATE ATTORNEY GENERAL OR REPRESENTATIVE ACTIONS OR PROCEEDINGS.
1. ACCEPTANCE OF TERMS
By accessing and/or using any part of our Service, you agree to be bound by these Terms. You represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use our Service. Except as expressly allowed by these Terms, you may only use our Service for your personal, non-commercial use unless you enter into a separate agreement with us for your commercial use. If you are using our Service on behalf of a company or other legal entity, then “you” also means such company or legal entity and you agree to be bound by these Terms, even if we have a separate agreement with you. If you do not agree to these Terms, you may not use our Service. AKC reserves the right to modify these Terms at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms as modified. You may use the Service for lawful purposes only. You may not use this Service for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation. AKC may, in its sole discretion, terminate these Terms and your access to all or any part of the Website or the Services at any time and for any reason without prior notice or liability.
2. PRIVACY NOTICE
We care about the privacy of our Users. You understand that by using the Services you acknowledge that you have read and understood our Privacy Notice (available at www.akc.org/privacy), which explains how your personal information is collected, used, and disclosed by AKC. You also understand and acknowledge that your personal information is collected, used, transferred to and processed in the United States.
3. USE OF OUR SERVICE
You will not, and will not permit anyone else to, directly or indirectly: (i) use any robot, spider, scraper, data mining tool, data gathering or extraction tool, or any other automated means, to access, collect, copy or record our Service or AKC Content (as defined below); (ii) reverse engineer, disassemble, decompile or otherwise attempt to discover the source code or structure, sequence and organization of all or any part of our Service (except as permitted by applicable law); (iii) rent, lease, resell, distribute or use our Service for timesharing, service bureau, or to aggregate purchases through our Service; (iv) copy, modify, alter or create derivative works of any part of our Service or AKC Content; (v) remove or alter any proprietary notices or labels on or in our Service or AKC Content; (vi) identify or refer to us or our Service in a manner that could reasonably imply an endorsement, relationship or affiliation with or sponsorship between you (or a third party) and us, without our prior express written consent; or (vii) engage in any activity not otherwise permitted by these Terms or our policies.
You are not permitted to use this website, its underlying computer programs (including application programming interfaces (“APIs”)), domain names, Uniform Resource Locators (“URLs”), databases, functions or its content other than for private, non-commercial purposes. Use of any automated system or software, whether operated by a third party or otherwise, to extract any data from this website for commercial purposes (“screen scraping”) is strictly prohibited.
4. INTELLECTUAL PROPERTY
Unless otherwise indicated in writing by us, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, interfaces, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, work of authorship or information advertisements, comments, opinions, postings, messages, files, e-mail, data or other materials or content you find on the Website or through the Services (“AKC Content”) and all Intellectual Property Rights related thereto, are the exclusive property of AKC and its licensors. For the purposes of these Terms, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction. You must comply with all such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not remove or alter any copyright, trademark, or other legal notices marked on the AKC Content. As between you and AKC, AKC will retain all right, title and interest in and to the services and the AKC Content. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any AKC Content. Use of the AKC Content for any purpose not expressly permitted by these Terms is strictly prohibited.
Subject to your compliance with these Terms, AKC grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license under the intellectual property rights licensable by us to use and access the Service as permitted by the features of the Service. AKC reserves all rights not expressly granted herein in the Service and the AKC Content. You agree not to (and not to attempt to) (i) use the Service for any use or purpose other than as expressly permitted by these Terms; (ii) reproduce, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, attempt to discover any source code, reverse engineer, decompile, disassemble, or otherwise exploit the Service or any portion of the Service, except as expressly permitted in these Terms; or (iii) use data mining, robots, spiders, or similar data gathering and extraction tools on the Service. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by AKC or our licensors, except for the permissions and rights expressly granted in these Terms. No transfer of ownership to any portion of the AKC Content shall be made as a result of any access you are granted. Except as specifically provided herein, AKC reserves all rights to the Service and the AKC Content. You are only permitted to access and view the AKC Content for personal, non-commercial purposes in accordance with the Terms, and may not build a business or other enterprise utilizing any of the AKC Content. Except as expressly authorized in writing by AKC, you may not either directly or indirectly or through the use of any software, device, internet site, web-based service or any other means download, stream capture, store in a database, archive or otherwise copy any part of the AKC Content; upload, sell, rent, lease, lend, broadcast, transmit or otherwise disseminate, display or perform any part of the AKC Content; license any part of the AKC Content; or otherwise create any derivative works or materials based on the AKC Content. You may request to reproduce AKC Content for online or offline use pursuant to AKC’s “Reproduction of Online Materials Policy”.
5. TRADEMARKS
The trademarks, service marks and logos (“Trademarks”) used or displayed on or through the Service are registered and unregistered trademarks of the AKC or third parties. You may not use any of the Trademarks, in whole or in part, appearing on this site without written permission from the trademark owner. Trademarks, registered trademarks and service marks of AKC include, but are not limited to, AKC®, American Kennel Club®, the American Kennel Club seal and design, AKCtv®, AKC Agility League, Canine Good Citizen®, CGC, DOGNY, Your AKC, AKC Meet the Breeds®, Meet the Breeds®, AKC S.T.A.R. Puppy®, AKC Rally®, AKC Global Services, American Kennel Club National Agility Championship, Foundation Stock Service®, FSS® and all associated names, marks and logos. This list is not exhaustive and the absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that AKC has established in any of its goods, services, names or logos. All other Trademarks are the property of their respective owners. Nothing in this Website shall be construed as granting by implication, estoppel or otherwise any license or right to use any Trademarks displayed on the Website without the express written permission of the AKC or the trademark owner.
AKC Web Banners are banners licensed by AKC to individuals who qualify under certain AKC programs. AKC Web Banners are the property of the AKC and are provided with the following additional licensing terms: (1) You are in good standing with the AKC; (2) You have read, agree to and will comply with the terms of the AKC program for which you are applying to use the AKC Web Banner; (3) You have been accepted into the AKC program for which the particular AKC Web Banner you are applying for; (4) You understand that failure to comply with the terms of the program, this license or these Terms may result in the suspension of your AKC registration and/or event privileges as well as the AKC pursuing all other available remedies; (5) The website on which the AKC Web Banner will be displayed (the “Linking Site”) does not promote interests in conflict with the AKC’s mission, as solely determined by AKC; (6) The AKC-provided AKC Web Banner must be linked to www.akc.org; (7) Nothing on the Linking Site shall imply, suggest or represent any affiliation, sponsorship, endorsement, approval, association or relationship between AKC and the Linking Site; (8) Permitted Links shall not be used or associated with any defamatory, scandalous, inflammatory, profane, pornographic, obscene, indecent or unlawful website or material; shall not be used in or associated with any manner that disparages or adversely affects the name, reputation and goodwill of AKC; shall not be used in or associated with any manner that falsely represents or misleads the public regarding AKC; and shall not be used in or associated with any manner which infringes or violates the rights of a third party; (9) In no event shall AKC be liable for any content on the Linking Site or for any loss or damage resulting from use of a Permitted Link; (10) the Linking Site, by its use, agrees to indemnify, defend and hold harmless AKC against all claims, actions or proceedings, including but not limited to expenses, costs and attorneys’ fees, arising out of or based on use of a Permitted Link and/or the Linking Site; (11) AKC retains and reserves all rights in and to all AKC proprietary material, including but not limited to trademarks, service marks, logos and other marks, and copyrights appearing on its website; (12) AKC reserves the right to terminate the license to use the AKC Web Banner at any time for any reason and upon termination, all links to AKC’s website immediately shall be removed and all uses of AKC’s proprietary material shall immediately cease; (13) AKC reserves the right to amend this license at any time without prior notice; (14) You understand that the AKC will not provide any technical support for my use of the AKC Web Banner; (15) You agree that AKC shall not be liable for any content on the Linking Site or for any loss or damage resulting from use of the AKC’s Web Banner(s) and you agree to indemnify, defend and hold harmless AKC against all claims, actions or proceedings, including but not limited to expenses, costs and attorneys’ fees, arising out of or based on use of the AKC Web Banner(s) and/or the Linking Site; (16) You agree that your use of the AKC Web Banner(s) shall inure to the benefit of AKC; (17) AKC grants to you a non-exclusive, non-transferrable, revocable, royalty free license to use the AKC Web Banner solely for the purposes of identifying you as a participant in a particular program you have been admitted to; and (18) Notwithstanding anything in these Terms, AKC shall remain the sole owner of all rights in and to its name, trademarks and logos, as the same now exists or as that may hereafter be modified, including all rights in and to any copyright, trademark, service mark, and/or like right pertaining.
6. USE OF OWNER
Throughout this website, AKC uses the term “owner” in various forms. AKC is using the term in a general manner and not in a manner to be construed as synonymous with legal title.
7. THIRD PARTY LINKS
Content, products and services available via our Service may include materials from third parties. Third-party links on our Service may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review the third-party’s terms, policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
8. APPLICATIONS AND REGISTRATIONS
You agree that all information supplied by you when applying for any program or title recognition, entering any competitions, registering or listing a dog or litter, transferring a dog, requesting a duplicate certificate or litter kit, or any other application found our Service is accurate and complete. You agree that you will supply information in accordance with AKC Rules, Regulations & Policies. You acknowledge that listings/registrations are not guaranteed, and that listing/registration fees are not refundable. You must have proper written authorization to submit a registration or listing application on behalf of another person and will, upon request, be required to provide us with such written authorization. The written authorization must explicitly state that you have been given permission to submit the particular application(s) on behalf of another person. You also represent that you are in good standing with the AKC. You acknowledge and agree that any misrepresentation submitted by you through any online application process may result in the cancellation of the registration or listing of the dog and its descendants or the litter and the members of the litter and their descendants, removal from the program for which you applied, or cancellation of the title recognition. The submission of false information in any application submitted through our Service to register, list or transfer a dog or litter, or request a duplicate certificate or litter kit could result in the loss of your good standing with the AKC and the associated privileges.
9. ELECTRONIC COMMUNICATIONS
By inputting or supplying your contact information, including, but not limited to, an email address, address, mobile telephone number, and/or telephone number, or by otherwise creating an Account (as defined below), you electronically consent to receive communications including, but not limited to, email, or mobile push notices from AKC and third parties, and that all agreements, notices, disclosures, and other communications that are provided to you electronically satisfy any legal requirements that such communications be in writing.
10. CALLS AND TEXT MESSAGING
By consenting to AKC’s call and SMS/text messaging service, you expressly consent and agree to receive calls and recurring SMS/text messages with service-related and promotional messages, including updates, alerts, and information (e.g., registration updates, promotion codes or calls regarding products and services) and promotions, specials, and other marketing offers (e.g., shipping confirmation, account verification, security alerts, and cart reminders) from and on behalf of AKC via calls and SMS/text messages through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Calls and text messages may be sent using an automatic telephone dialing system or other technology.
You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with AKC. Your participation in this program is completely voluntary.
We do not charge for the service, but you are responsible for all charges and fees associated with calls and text messaging imposed by your wireless provider. Message frequency varies. Standard message and data rates may apply from your wireless provider. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to calls and SMS/text messages, including charges from your wireless provider.
You may opt-out of the service at any time. To unsubscribe from text messages and calls at any time, text STOP to 469-13 or reply STOP to any text message you receive from AKC. You consent that following such a request to unsubscribe, you may receive one final text message from AKC confirming your request. For help, text HELP to 469-13 or contact us at info@akc.org.
11. FEEDBACK
By choosing to submit ideas, suggestions, proposals and/or improvements to the Services or otherwise (in written or oral form) (collectively, “Feedback”) to AKC, you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, (c) your Feedback does not contain the confidential or proprietary information of any third party or parties, and (d) that AKC is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit such Feedback as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. By sending us any Feedback, you further (i) agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (ii) acknowledge that we may have something similar to the Feedback already under consideration or in development, (iii) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback, and (iv) irrevocably waive, and cause to be waived, against AKC, it affiliates and their Users, any claims and assertions of any moral rights contained in such Feedback. This Feedback section shall survive any termination of your account or the Services. All rights in this section are granted without the need for additional compensation of any sort to you.
12. YOUR ONLINE ACCOUNT
In order to use certain features of the website and to use certain services, you must create and register an account with AKC (“Account”) on our Service and provide certain information about yourself and verifying a username, password, a valid email address and other information as may be applicable and requested during the creation of the Account. You are responsible for maintaining the confidentiality of your Account and are fully responsible for all activities that occur under your Account, whether or not authorized by you. You agree to (a) never share your Account with anyone, (b) immediately notify us of any actual or suspected unauthorized use of your Account or any other breach of security, and (c) ensure that you exit from your Account at the end of each session. We will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your Account. We reserve the right to reject any registration or to terminate your Account and/or use of our Service in our sole discretion and without any liability to us. You represent and warrant that (1) all required information you submit is truthful, complete and accurate; (2) you will maintain the accuracy of the information updating any inaccurate information and (3) your use of the Website or Account does not and will not violate any of these Terms or the documents they incorporate by reference, or any applicable law or regulation. You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and agree to accept responsibility for all activity that occurs through your Account or password. You agree to notify AKC of any unauthorized use or suspected unauthorized use of your Account or any other breach of security.
Your Account may be restricted or terminated for any reason, at AKC’s sole discretion.
AKC does not allow for the creation of an Account by a person under the age of eighteen. AKC policy requires that dogs or litters registered or listed in the names of minors be properly authorized by the minor’s parent or guardian. With respect to an Account, this means the parent or guardian must establish, maintain and submit information on behalf of the minor.
13. REPRODUCTION OF ONLINE MATERIALS POLICY
From time to time and at its sole discretion, AKC may grant permission to reproduce sections, stories, articles and/or graphics from the AKC website (hereafter, “AKC Material”) for offline use. Persons seeking to reproduce AKC Material for offline use must obtain prior authorization from AKC as outlined below. If authorization is granted, the user must credit AKC as specified by AKC and display the URL from which the AKC Material was taken on the user’s material. Requests to reproduce materials that are not owned by AKC will not be considered. AKC expressly reserves the right to deny any request for any or no reason at all.
AKC does not permit reproduction of AKC Material for online use by others; instead AKC requires that individuals or organizations provide a link to the AKC website under the terms and conditions of AKC’s Linking Policy.
- For each request to reproduce AKC Material for offline use, a written request must be submitted via email or mail to master@akc.org
- The request shall include:
- the name of the individual and/or organization,
- the individual’s and/or organization’s address, telephone number, email address and URL (if any),
- a description of the proposed use,
- a precise description of the AKC Material sought to be reproduced and the URL where it is found, and
- the number of copies to be produced.
- If the request is approved, as determined in AKC’s sole discretion, AKC will send written authorization granting permission to reproduce the AKC Material. If AKC is not the owner of the requested material, the requestor shall be so notified.
- AKC shall maintain for its files the written request and the authorization or denial.
14. LINKING POLICY
The AKC grants nonexclusive, limited permission to website owners to develop a link (“Permitted Link”) from the owner’s website (the “Linking Site”) to the AKC website home page (www.akc.org) or any other page of the AKC website, subject to the following terms and conditions:
Permitted Links shall be:
- text-based and may use the words “American Kennel Club,” “AKC,” “AKC.org” or “www.AKC.org” or
- a link containing a graphic banner provided, upon request and at AKC’s sole discretion, by AKC. No changes, additions or modifications shall be made to the graphic banner provided by AKC. To request a graphic banner contact master@akc.org
“Framing” any page of the AKC website or altering the presentation or appearance in any way of any page of AKC’s website is prohibited.
Nothing on the Linking Site shall imply, suggest or represent any affiliation, sponsorship, endorsement, approval, association or relationship between AKC and the Linking Site.
Permitted Links shall not be used or associated with any defamatory, scandalous, inflammatory, profane, pornographic, obscene, indecent or unlawful website or material; shall not be used in or associated with any manner that disparages or adversely affects the name, reputation and goodwill of AKC; shall not be used in or associated with any manner that falsely represents or misleads the public regarding AKC; and shall not be used in or associated with any manner which infringes or violates the rights of a third party.
In no event shall AKC be liable for any content on the Linking Site or for any loss or damage resulting from use of a Permitted Link. The Linking Site, by its use, agrees to indemnify, defend and hold harmless AKC against all claims, actions or proceedings, including but not limited to expenses, costs and attorneys fees, arising out of or based on use of a Permitted Link and/or the Linking Site.
AKC retains and reserves all rights in and to all AKC proprietary material, including but not limited to trademarks, service marks, logos and other marks, and copyrights appearing on the website. Except for the permission granted hereunder, which is limited solely to the right to link, nothing from the AKC website may be posted on a Linking Site or anywhere else without express written permission.
AKC reserves the right to terminate permission granted hereunder at any time for any reason. Upon termination, all links to AKC’s website immediately shall be removed and all uses of AKC’s proprietary material shall immediately cease.
AKC reserves the right to amend this at any time without prior notice. If AKC changes its , we will post those changes on this page. By maintaining a link to any page of the AKC website, you agree to be bound and abide by these terms and conditions, as well as other terms of use on the AKC website.
This website contains links to websites which are not maintained by the AKC. Links to third party websites are provided for your convenience and information only. Third party websites are not under the AKC’s control and we are not responsible for the content or accuracy of those sites or the products or services offered on or through those sites. Nor can the AKC guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the AKC’s endorsement of the third party website nor that we are affiliated with the third party website’s owners or sponsors.
15. AKC BREEDER REPORTS
AKC reports are only available electronically for download to your computer. If not all dogs are available, you will only receive a partial Research Pedigree Report.
An AKC Online Research Pedigree is a listing of the selected dog’s ancestry for four or five generations. The research pedigrees lists the registration number, registered name, coat color, Stud Book Date, and OFA or EYE numbers where applicable.
A progeny report lists all offspring of the selected sire or dam that have earned an AKC title, such as Champion (Ch) or Companion Dog (CD). This report does not list offspring that have not earned an AKC sanctioned title. Click here for a list of titles. If you select the option to include the sire(s)/dam(s), your report will list both parents. We do not offer a report that lists dogs that have not earned a title.
Information about dogs whelped before 1980 and awards/results records for events held before 1986 may not be available in our online database and reports encompassing records prior to this date may include partial or no information. However, information about all AKC-registered dogs and all AKC-licensed and member events is maintained in our permanent archives. There are currently no reports available online or elsewhere that contain this information.
16. AKC COMPETITOR REPORTS
All AKC Competitor Reports are online-only and will not be mailed, emailed or otherwise set to you. For a permanent copy, save the report to your hard drive. We do not issue refunds for printing problems.
AKC® Points and Awards Reports
If the dog has event information prior to 1986 it is most likely not available online. Because the fee is a research fee, if you order an Awards Record for a dog that has a competition history prior to 1986, it may not be included and you will be charged for the research of the report, even if there are no competition results available online for the selected dog.
This report lists only events where your dog earned a requirement towards a title, such as points or a qualifying score.
AKC® Dogs Defeated Report
To be eligible for dogs defeated points, a dog must win Best of Breed/Variety or higher at an AKC licensed or member All-Breed, Limited-Breed or Specialty event in the requested year.
These reports list the number of dogs defeated based on the following selected criteria:
- Breed – includes dogs defeated in breed/variety competition only
- Group – includes dogs defeated in Group competition only
- Overall – includes dogs defeated at all levels of competition; Breed, Group, and BIS
The totals are derived from dogs defeated at all AKC licensed All-Breed and Specialty dog shows held during the specified time period using the highest qualifying award earned at a show which is associated with the particular report. (For an All-Breed show, qualifying awards are Best in Show, Group First through Fourth, and Best of Breed or Variety, if the breed has varieties)
AKC® TopDogsSM Conformation Report
An AKC Top Dogs report lists the top dogs rankings in Conformation events. You can choose from the top 25, 50 or 100 dogs. This report is based on the total number of dogs defeated. You can choose from top dogs at the breed, group or all-breed level.
These reports list the top dogs based on the following selected criteria:
- Breed/Variety based on dogs defeated in just breed competition.
- Breed/Variety based on dogs defeated in all levels of conformation competition.
- Group based on all dogs defeated.
- All-breed based on all dogs defeated.
The totals are derived from dogs defeated at all AKC licensed All-Breed and Specialty dog shows held during the specified time period using the highest qualifying award earned at a show. (For an All-Breed show, qualifying awards are Best in Show, Group First through Fourth, and Best of Breed or Variety, if the breed has varieties).
Please note that the AKC Top Dog Reports using All-Breed totals include dogs defeated at the breed level whether the dog places in the group or not.
The reports “By Breed using All-Breed Totals,” “By Group using All-Breed Totals” and “In All-Breed Competition” will list each dog’s name following by the number of dogs defeated in each level using the following criteria:
- The Best in Show winner shall get credit with defeating all dogs competing in conformation except itself.
- The Group First winner shall be credited with defeating all dogs competing in the breeds or varieties comprising the group except itself.
- The Group Second winner shall be credited with defeating the number of dogs defeated by the Group First winner, less the number of dogs competing in the breed or variety of the Group First winner.
- The Group Third winner shall be credited with defeating the number of dogs defeated by the Group Second winner, less the number of dogs competing in the breed or variety of the Group Second winner.
- The Group Fourth winner shall be credited with defeating the number of dogs defeated by the Group Third winner, less the number of dogs competing in the breed or variety of the Group Third winner.
- The Best of Breed or Variety winner shall be credited with defeating all dogs competing in that breed or variety except itself.
In the report “By Breed using Breed Totals” the number of dogs defeated will be calculated using the following criteria:
- The Best of Breed or Variety shall be credited with defeating all dogs competing in that breed or variety except itself.
- The Best of Breed winner at a Specialty show with varieties will not be credited with defeating all dogs competing in the breed.
Your selection of 25, 50 or 100 is a maximum criteria, not a minimum. We cannot guarantee that your report will contain exactly 25, 50 or 100 dogs. If, for example, only 14 dogs of a certain breed are participating in an event assuming they meet the other qualifications for the report selected, there will only be 14 dogs on any TopDog report for that breed and event. We cannot issue refunds for reports that do not contain the maximum number, if the data is otherwise correct.
AKC® TopDogsSM Agility Invitational Report
The AKC Agility Invitational report lists the top dogs ranked in Agility events and is based on the Top MACH Dog formula (Double Q’s x 10) + MACH (Master Agility Championship) points that dogs have earned during the qualifying period.
Dogs must have competed and qualified in Regular Master Standard & Jumpers With Weaves classes and the top five (5) ranked dogs of each breed will be included on these reports.
If there are not five (5) dogs ranked from the Regular Master classes, dogs will be ranked based on the Preferred Master Standard & Jumpers With Weaves classes using the Top PACH Dog formula (Double Q’s x 10) + PACH (Preferred Agility Championship) points that dogs have earned during the qualifying period. If the Top 5 of a breed are all from the Regular class, then an additional SIXTH invite will be sent to the Top Preferred Dog during round 1 invites. The reports will automatically sort the dogs alphabetically.
We cannot guarantee that your report will contain twenty-five (25) dogs. If, for example, only 10 dogs of a certain breed are participating in agility events, assuming that they meet the qualifications for the AKC Agility Invitational, there will only be 10 dogs listed on the report for that breed.
AKC® TopDogsSM Agility Report
An AKC Top Dogs report ranks the top dogs in Agility events and is based on the total number of points dogs have earned from either the Regular or Preferred Master Standard & Jumpers With Weaves classes. Dogs must have competed and qualified in Regular or Preferred Master Standard & Jumpers With Weaves classes to be eligible to be included on these reports.
When viewing the TopDogs Agility Report, you must first choose either the Regular or Preferred program report to rank dogs in the selected titling program. You may choose from the top 25, 50 or 100 dogs and you may sort the report by the dog’s title, points, or double Q’s. Select reports based on the dog’s breed, group, all AKC-recognized breeds, or the dog’s jump height. Since dogs are allowed to compete in the Regular classes at their required jump height or higher, when choosing the jump height report, the system will look at the last jump height a dog competed in and include the dog only in that jump height to calculate rankings.
AKC suggests that when pulling a current calendar year or previous calendar year report, that you base the sort order of the report on points and double Q’s only, not titles. The reason for this is because a title can be earned at any time during the dog’s lifetime and adding the title sort criteria to these reports will skew the data based on the title first then the points and double Q’s. The lifetime report can be sorted by titles, points or double Q’s.
Your selection of 25, 50 or 100 is a maximum criteria, not a minimum. We cannot guarantee that your report will contain exactly 25, 50 or 100 dogs. If, for example, only 14 dogs of a certain breed are participating in an event assuming they meet the other qualifications for the report selected, there will only be 14 dogs on any TopDog report for that breed and event. We cannot issue refunds for reports that do not contain the maximum number, if the data is otherwise correct.
AKC® TopDogsSM Obedience Report
An AKC Top Dogs report lists the top dogs rankings in Obedience events. You can choose from the top 25, 50 or 100 dogs. These reports list the top dogs in Obedience based on OTCH (Obedience Trial Champion) points earned. Reports are available for a breed, a group, or for all-breeds. In addition, reports may be generated for lifetime points earned or points earned in a given year.
Your selection of 25, 50 or 100 is a maximum criteria, not a minimum. We cannot guarantee that your report will contain exactly 25, 50 or 100 dogs. If, for example, only 14 dogs of a certain breed are participating in an event assuming they meet the other qualifications for the report selected, there will only be 14 dogs on any TopDog report for that breed and event. We cannot issue refunds for reports that do not contain the maximum number, if the data is otherwise correct.
AKC® TopDogsSM National Obedience Championship Report
The AKC National Obedience Championship report lists the top dogs ranked in Obedience events and is based on the total number of OTCH (Obedience Trial Championship) points earned during the qualifying period for this national event.
This report includes the top 50 ranked dogs by breed.
We cannot guarantee the number of dogs that your report will contain. If, for example, only 10 dogs of a certain breed are participating in obedience events, assuming that they meet the qualifications for the AKC National Obedience Championship, there will only be 10 dogs listed on the report for that breed.
AKC® TopDogsSM Rally Report
An AKC Top Dogs report ranks the top dogs in Rally events and is based on the total number of points and triple Q’s dogs have earned from the Rally Master, Rally Excellent B, and Rally Advanced B classes. Dogs must have qualified and earned points in one of these classes to be eligible to be included on these reports; or must have earned at least one triple Q. Dogs will begin to earn RACH points after they have earned the Rally Excellent (RE) title when scores of 91 or better are earned.
When viewing the AKC Top Dog – AKC® Rally Report, you may choose from the top 25, 50, or 100 dogs and sort the report by the dog’s Title, Points, Triple Q’s, or the dog’s “Score” which is a calculation of the dog’s (Triple Q’s x 10) + Points. Select reports based on the dog’s Breed, Group, or All AKC Recognized Breeds.
AKC suggests that when pulling a Current Calendar Year or Previous Calendar Year report, that you base the sort order of the report on Points, Triple Q’s or Score only, not titles. The reason for this is because a title can be earned at any time during the dog’s lifetime and adding the title sort criteria to these reports will skew the data based on the title first then the points and triple Q’s. The lifetime report can be sorted by Titles, Points, Triple Q’s or Score.
Your selection of 25, 50 or 100 is a maximum criteria, not a minimum. We cannot guarantee that your report will contain exactly 25, 50 or 100 dogs. If, for example, only 14 dogs of a certain breed are participating in an event assuming they meet the other qualifications for the report selected, there will only be 14 dogs on any TopDog report for that breed and event. We cannot issue refunds for reports that do not contain the maximum number, if the data is otherwise correct.
AKC® TopDogsSM Field Trial Pointing Breeds
An AKC Top Dogs report lists the top dogs rankings in Pointing Breed Field Trials. This report is based on a variety of criteria. Reports for multiple classes, sexes, and time ranges are available.
AKC® TopDogsSM Lure Coursing (Bowen System Report)
An AKC Top Dogs report lists the top dogs rankings in Lure Coursing events. You can choose from the top 25, 50 or 100 dogs. This report provides Lure Coursing rankings based on the Bowen System method of point’s calculation.
You can choose from top dogs at the breed or all sight hounds level. The standings for this report are calculated as follows: Open, Specials, and Veteran stakes will award the hounds placing first through fifth one point for itself, plus one point for each hound it has defeated in that stake. The winner of the Best of Breed will be awarded one point for every starter in its breed (including itself).
Your selection of 25, 50 or 100 is a maximum criteria, not a minimum. We cannot guarantee that your report will contain exactly 25, 50 or 100 dogs. If, for example, only 14 dogs of a certain breed are participating in an event assuming they meet the other qualifications for the report selected, there will only be 14 dogs on any TopDog report for that breed and event. We cannot issue refunds for reports that do not contain the maximum number, if the data is otherwise correct.
17. BREEDER TOOLKIT
If you use the Breeder Tool Kit service of the AKC, you understand and agree that all the information that you input into the records will be stored on AKC servers or third party servers. You understand and agree that the AKC will have access to and the ability to use this information. This will include but is not limited to use for determining compliance with AKC Rules, Regulations and policies and contacting individuals to whom you have transferred a dog or puppy. Pursuant to AKC’s regulations for record keeping, records can be kept on paper and/or electronically. Electronic records must be kept in an industry standard format, such as Microsoft Word, Excel, Adobe PDF or Open Document Format, that is easily accessible and printable immediately upon AKC’s request. Electronic records must be backed up on a consistent basis and the back-up copy kept in a separate secure location, such as a cloud-based service, external hard drive, DVD, or other properly secured dependable service. AKC’s Breeder Toolkit service meets these requirements. In using the Breeder Toolkit service of the AKC in relation to registered co-owned dogs and litters, you understand and agree that the records will be able to be accessed by all registered co-owners and that each registered co-owner will have the authority to enter and change the information. You understand and agree that both the registered sire owners and registered dam owners will be able to access the mating records for the particular mating between the two dogs and will be able to enter and change the information.
18. ORDER ACCEPTANCE AND PRICING
The receipt of an order number or transaction number or email order confirmation does not constitute the acceptance of the order, transaction or conformation of an offer to sell. AKC reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Prices and availability of products on the website are subject to change without notice. Errors will be corrected when discovered and AKC reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission including, but not limited to, after an order has been submitted. AKC reserves the right, at its sole discretion, to refuse or cancel any order for any reason.
19. PRODUCT DESCRIPTION
AKC attempts to be as accurate as possible. However, AKC does not warrant that product descriptions or other content on the Website are accurate, complete, reliable, current or error-free. If a product offered by AKC is not as described, your sole remedy is to return the product.
20. SHIPPING POLICIES
Except as otherwise provided during checkout, products purchased on or through our Service will be shipped according to our Shipping Policies as they may be amended, from time to time, in our sole discretion.
21. RETURN POLICIES
Except as otherwise provided during checkout, you may return products purchased on or through our Service and receive refunds only according to our Return Policies & Information as they may be amended, from time to time, in our sole discretion.
22. USER CONTENT
All Users may post reviews, comments, photos, and other content; send e-mails and other communications; and submit suggestions, ideas, comments, questions, or other information (collectively, “User Content”). You hereby grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, transferable, sublicensable (through multiple tiers) right and license to use, reproduce, adapt, modify, distribute, translate, publish, create derivative works based on, perform, display and otherwise exploit your User Content in whole or in part, in any media now known or hereafter developed, for any purpose whatsoever, and to allow others to do so, without compensation to you or any third party. You represent and warrant that you have all the rights, power, authority and authorization necessary to contribute, provide and make your User Content available to us and others and to grant the foregoing license, and that your User Content (i) does not infringe, violate, misappropriate or otherwise conflict with the rights of any third party, (ii) complies with all applicable laws and regulations (foreign and domestic), and (iii) that you have all authorizations, consents, approvals and have made all disclosures required to provide your User Content to us and to allow us to use your User Content as provided in these Terms. We reserve the right to remove any User Content from our Service at any time and for any reason (including upon receipt of claims or allegations from third parties or authorities relating to User Content) or no reason. You are solely responsible for your User Content and its accuracy. We do not endorse User Content, nor will we take responsibility or assume liability for any User Content.
Such additional uses by AKC, or other companies, organizations or individuals who partner with AKC, may be made with no compensation paid to you with respect to the User Content that you submit, post, transmit or otherwise make available through the Services.
AKC may modify or adapt your User Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your User Content as are necessary to conform and adapt that content to any requirements or limitations of any networks, devices, services or media.
AKC reserves the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content through the Services, to suspend or terminate users, and to reclaim usernames. AKC also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of AKC, its users and the public.
Except as provided in the Privacy Notice, AKC does not guarantee that your submissions to the site will be private. You should not provide submissions that you want to remain private.
You represent and warrant that any materials, postings, Feedback, User Content of any kind that you submit to this site or a Social Media Site (as defined below) are owned by you and will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or propriety rights; (b) contain any libelous or otherwise unlawful material or (c) are conduct prejudicial to the AKC.
23. NO PROFESSIONAL ADVICE
Any content or information supplied by any of our employees or agents, whether by telephone, e-mail, letter, video chat, facsimile or other form of communication, is intended solely as general guidance on the use of our Service and our products, and does not constitute legal, tax, accounting or other professional advice. Individual situations and applicable laws vary by jurisdiction, and you are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions. We make no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through our Service, including any such information associated with and provided in connection with third-party products, and we will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
24. ERRORS, INACCURACIES AND OMISSIONS.
Although we attempt to be as accurate as possible, occasionally there may be content or information on our Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in our Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in our Service or on any related website, including without limitation, pricing information, except as required by law. Our Service may contain certain historical content or information. Historical content and information, necessarily, is not current and is provided for your reference only. No specified update or refresh date applied in our Service, or on any related website, should be taken to indicate that all content or information in our Service or on any related website has been modified or updated.
25. OPTIONAL TOOLS.
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through our Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through our Service (including, the release of new tools and resources). Such new features and/or services will also be subject to these Terms.
26. THIRD PARTY CONTENT
AKC may provide third party content (including advertisements) on the site. AKC does not endorse or evaluate third party content, and AKC does not assume responsibility for third parties’ actions, submissions or omissions. The AKC has no obligation to monitor User Content or Third Party Content. You agree that AKC will not be liable of User Content or Third Party Content or any loss or damage resulting therefrom.
We use multiple caching and data delivery technologies to facilitate media distribution and enhance media performance for you. When you access a video on our website, AKC.tv, we may use a third-party service that uses the processing capabilities, memory and bandwidth on your computer, mobile phone or other applicable device to transmit content and other data or features to you and to other users of the website, and to facilitate the operation of the network on which the service runs. You are solely responsible for any telecommunication or other connectivity charges incurred through the use of the service.
27. AKC PUPPYVISOR
The AKC PuppyVisor™ service is a support service offering telephone access to a personal shopper service for people who are searching to add a puppy (or dog) to their family. The advice offered will be one-on-one via telephone. The service will be available for the assistance in determining what breed(s) of dog would be a best fit with your lifestyle, housing and family and/or assistance with locating a breeder. The AKC PuppyVisor™ will rely on the information you provide about your lifestyle, family and housing to provide you with recommendations. AKC PuppyVisor™ is non-transferable. AKC reserves the right to modify these Terms of Use at any time without prior notice or to terminate the service.
In addition, your use of AKC PuppyVisor™ may involve the transmission to AKC of certain personally-identifiable information (“Personal Information”). AKC’s policies with respect to the collection and use of Personal Information are set forth in its Privacy Notice.
AKC does not endorse and is not responsible or liable for any breeder whose information it provides to you. The breeder and breed information provided to you is for informational purposes only. You agree that should you use or rely on such information, AKC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with any breeder, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such breeder exclusively and do not involve AKC. You should make whatever investigation or consult other resources that you deem necessary or appropriate before hiring or engaging the breeder or selecting a particular breed of dog. AKC is not affiliated with and does not license or endorse any breeders, including those whose information AKC PuppyVisor™ will provide to you. AKC has no control over their business practices and is not liable for any dealings between you and any breeders. AKC is not responsible for and has no liability with respect to any transaction between you and any breeder. AKC PuppyVisor™ is provided solely as a service to the public. AKC does not sell dogs and makes no warranty or guarantee as to the temperament, traits, personality, health, quality, parentage or any value of any dogs. If the AKC provides information pursuant to AKC PuppyVisor™, regarding the AKC registration or eligibility for AKC registration of dogs, puppies or litters, the dogs, puppies or litters are subject to compliance with existing AKC Rules, Regulations, Policies and the submission of a properly completed registration application and fee. AKC registration does not indicate the health, quality or value of a dog. AKC registration simply identifies the dog as offspring of a sire and dam that the breeder has registered with AKC.
Access will be by toll free telephone number from calls originating in the United States only during published service hours. The hours of service may change at any time. You may incur charges when called from a cell phone; please contact your provider for more details.
AKC PuppyVisor™ provides no guarantees of any type.
If you are not satisfied with AKC PuppyVisor™ within seven (7) days of purchase, you will receive a full refund for the amount paid for AKC PuppyVisor™ upon request. After which time no refunds will be granted.
You represent and warrant that all information you provide through AKC PuppyVisor™ is accurate, complete and truthful. You understand that the failure to provide accurate, complete and truthful information could result in inappropriate advice through AKC PuppyVisor™ being given to you. You agree to defend, indemnify, and hold the AKC harmless from any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from: (i) your breach of these Terms; (ii) your access to, use or misuse of AKC PuppyVisor™; or (iii) your reliance on any breeder.
28. AKC GOODDOG HELPLINE
The AKC GoodDog Helpline is a support service offering telephone and video chat access to a dog trainer (“AKC GoodDog Helpline Services”). The training advice offered will only consist of positive reinforcement training methods. The service will be available only for enrolled dogs and is non-transferable. Access for annual telephone subscribers will by toll free telephone number during published service hours from calls originating in the United States only. Access for video chat sessions will be by Ring Central (additional terms apply) during only published days of the week and hours from video chats originating from the United States only. The hours of service may change at any time. You may incur charges when calling from a cell phone or entering a video chat session from wireless internet connection; please contact your phone or internet provider for more details. You must be at least 18 years or older to access the AKC GoodDog Helpline Services . The service will not be able to provide training advice for situations involving aggression or other serious behavioral issues. If the trainer identifies such an issue the trainer will advise you to seek the services of a professional behaviorist and/or “in person” trainer which you agree to do. For annual telephone subscribers – if you are not satisfied with the AKC GoodDog Helpline Services within seven (7) days of purchase, you can receive a full refund upon request by email to akcgooddoghelpline@akc.org, after which time no refunds will be granted. For video chat session purchasers – please email akcgooddoghelpline@akc.org if you experience any technical difficulties accessing the video chat; if you do not appear for your scheduled video chat session time, AKC will not grant any refunds. There is no guarantee as to results.
Any content or information supplied in connection with AKC GoodDog Helpline services, whether by telephone, email, video transmission, or other form of communication, is intended solely as general guidance and does not constitute professional advice. AKC makes no representations or warranties concerning any course of action taken by any person following or otherwise using the information offered or provided within or through its services, and AKC will not be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
29. AKC DNA PROGRAM
AKC DNA testing does not determine the breed of dog or if a dog is purebred. AKC has built the world’s largest database of canine DNA profiles for parentage verification and genetic identity purposes. If unknown parentage is indicated via DNA testing, the status of the registration will be downgraded to “conditional” under a three-generation pedigree is established. DNA Profile Program is a voluntary program owners and breeders electing to add value to their breeding programs by eliminating concerns or questions about identification and parentage. Dog owner can contact AKC for DNA Test Kit (including a swab that owner uses to collect loose cells from inside the dog’s cheek). For each dog sampled, an AKC DNA Profile is created containing the dog’s registration information, genotype, and a unique DNA Profile number is issued.
AKC DNA Profiling is required for Frequently Used Sires, imported breeding stock, dog whose semen is collected for fresh-extended or frozen use, and sires, dam and puppies of Multiple-Sire Litter Registration.
To meet any AKC Registration requirement, all DNA testing must be performed through the AKC DNA Program.
30. AKC Bred with H.E.A.R.T. Program
The following must be met in order to be accepted into the program: (1) Have registered at least one AKC litter within the past 5 years; (2) Be in good standing with the AKC, (3) Certify that applicable health screens are performed on breeding stock as recommended by the respective AKC Breed Parent Club and be prepared to supply proof of such compliance upon request, (4) Must agree to comply with the AKC Care and Conditions Policy, including inspection(s) by the American Kennel Club or its duly authorized representative, (5) Must agree to comply with all applicable federal, state, and local laws and regulations regarding the ownership and maintenance of dogs, (6) Must agree to complete AKC-approved and/or AKC-provided continuing breeder education courses annually, and (7) Must complete the online application process.
31. AKC Breeder of Merit
In order to be accepted into the program a breeder must: (1) Have a history of at least 5 years involvement with AKC events, (2) Have earned AKC Conformation, Performance or Companion event titles on a minimum of 4 dogs from AKC litters they bred or co-bred, (3) Be a member of an AKC club, (4) Certify that applicable health screens are performed on your breeding stock as recommended by the Parent Club, and (5) Demonstrate that 100% of the puppies produced are individually AKC registered.
The Breeder of Merit Program is open to all purebred dog breeders and offers a host of benefits, including: (a) Registration applications and certificates featuring your special designation as a Breeder of Merit, (b) Prime placement of AKC Marketplace listings, (c) Breed-specific web banners to proudly promote involvement in the program, (d) Access to the AKC Direct toll free number, and more, (e) Puppies bred by Breeders of Merit are eligible for 30 days of pet health insurance included with registration at no additional cost and 10% discount on annual policy through AKC Pet Insurance, (f) AKC Breeders can join the AKC Breeder Rewards Program and earn rewards while working toward full litter registration, (g) Exclusive 33% discount on 25 count boxes of AKC Reunite microchips (microchips with prepaid enrollments not included), (h) Lapel pin, and more!
There are also advanced levels of recognition that can be earned on a breed-specific basis for breeders who meet these minimum standards: (i) Have qualified and enrolled as a Breeder of Merit, (ii) Can provide proof of Parent Club required health testing on sires/dams of litters, (iii) Have met their commitment to ensure that all their puppies get registered, and (iv) Recognition levels are tiered using numbers of titled dogs produced.
32. SOCIAL MEDIA SITES
In certain instances, you may be able to connect and/or link to an AKC social media site including, but not limited to, AKC Facebook pages, Twitter account, Google +, YouTube, Pinterest, Snapchat, and Instagram (“Social Media Sites”). The Social Media Sites are social media locations for community members to connect to and learn about AKC. AKC’s goal is to provide useful and interesting content about AKC, its activities and events. AKC reserves the right to (a) refuse, edit, remove, modify any content; (b) block disruptive users and (c) discontinue any AKC Social Media Site. AKC’s Social Media Sites are not the appropriate place to resolve issues or complaints. AKC does not create, control, represent or endorse any opinions or statements expressed by others on its Social Media Sites, including those that Follow or Like AKC and those Followed or Liked by AKC. AKC’s following of another user’s account, “likes” of another page, re-tweets, “favorites,” shares or otherwise re-posting another’s content, does not constitute an endorsement by AKC. AKC is not responsible for the terms and conditions, privacy policy, or content of any social media site. You agree by posting on a Social Media Site, you grant AKC a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the AKC or any third party the AKC designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission.
33. DMCA NOTICE
We comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via our Service, please notify our Copyright Agent (see contact info, below) as set forth in the DMCA. For your complaint to be valid under the DMCA, you must provide the following information in writing:
- An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work that you claim has been infringed;
- Identification of the material that is claimed to be infringing and where it is located on our Service;
- Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and/or e-mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement, made under penalty of perjury, that the above information is accurate and that you are the copyright owner or are authorized to act on behalf of the owner.
The above information must be submitted, either by postal mail or email, to the following Copyright Agent:
Attn: DMCA Notice
Address: 101 Park Avenue, Fifth Floor, New York, NY 10178, Attn: Erica Ruff
Email: copyrightagent@akc.org
Upon receipt of a notification of claimed infringement as set forth above, AKC will remove or disable access to the copyrighted material and take reasonable steps to notify the person who posted the material that it has been removed or access to it has been disabled.
Counter Notification
If you posted the material and believe that it is not infringing or that you have the authorization of the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the material, you may submit to the Copyright Agent (see contact info, above) a counter notification containing the following information:
- Your physical or electronic signature;
- Identification of the material that has been removed or to which access has been disabled and the location (such as the specific URL) at which the material appeared before it was removed or access to it was disabled;
- A statement that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; AND
- Your name, address, telephone number, email address, and a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If the Copyright Agent receives a counter notification as set forth above, AKC will send a copy of it to the original complaining party stating that AKC may replace the removed material or cease disabling access to it ten (10) business days following receipt of the counter notification unless the copyright owner notifies AKC that it has filed an action seeking a court order to restrain the person who posted the material from engaging in infringing activity relating to the material.
AKC reserves the right to remove or disable access to material alleged to be infringing without prior notice, in its sole discretion, and without liability to any person, regardless of whether the material ultimately is determined to be infringing.
34. DISCLAIMER OF WARRANTIES
THE AKC MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE, THE PRODUCTS OR THE CONTENT. YOU EXPRESSLY AGREE THAT THE USE OF PRODUCTS PURCHASED THROUGH THIS WEBSITE ARE USED AT YOUR OWN RISK. AKC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGMENT, WITH REGARD TO THE SITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE SITE. AKC DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS IN THE SITE OR THE SERVICE WILL BE CORRECTED. AKC DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE SITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
YOUR ACCESS TO AND USE OF THE SERVICES (INCLUDING THEIR FUNCTIONS AND CONTENT) IS AT YOUR RISK.
35. INDEMNIFICATION.
You agree to indemnify, defend and hold harmless AKC and our parents, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
36. LIMITATION OF LIABILITY
IN NO EVENT WILL THE AKC OR ANY OF OUR AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE, THE PRODUCTS OR CONTENT BE LIABLE FOR ANY MANNER WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES, ARISING OUT OF (1) THE USE OF OR INABILITY TO USE THE SITE, THE SERVICE, THE PRODUCTS, OR THE CONTENT, (2) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE; (3) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, THE SERVICE, THE PRODUCTS, AND/OR CONTENT, (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (5) ANY OTHER MATTER RELATING TO THE SITE, THE SERVICE, THE PRODUCTS, OR THE CONTENT, EVEN IF THE AKC HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, AKC’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION ARISING UNDER THIS AGREEMENT EXCEED ONE HUNDRED DOLLARS ($100.00).
To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the AKC with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.
37. GOVERNING LAW.
You agree that: (i) we will be deemed solely based in the State of New York; and (ii) our Service will be deemed a passive one that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than New York. These Terms will be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. The parties acknowledge that these Terms evidence a transaction involving interstate commerce. You and we agree that any Claim (as defined below) that is not subject to arbitration or cannot be heard in small claims court, will be resolved in the state or federal courts of New York, and that New York, New York is the proper and exclusive forum for any such proceedings.
38. ARBITRATION AGREEMENT
READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES THE YOU AND AKC TO ARBITRATE ANY DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US. This section (the “Arbitration Agreement”) applies to and governs any dispute, controversy, or claim between you and AKC that arises out of or relates to, directly or indirectly: (a) these Terms, including the formation, existence, breach, termination, enforcement, interpretation, validity, or enforceability thereof; (b) access to or use of our Service, including receipt of any advertising or marketing communications; (c) any transactions through, by, or using our Service; or (d) any other aspect of your relationship or transactions with AKC, directly or indirectly, as a consumer (“Claim” or collectively, “Claims”). The Arbitration Agreement will apply, without limitation, to all Claims that arose or were asserted before or after your agreement to these Terms. 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.
For any Claim, you agree to first contact us at claims@akc.org and attempt to resolve the dispute with us informally. In the unlikely event that AKC has not been able to resolve a Claim after sixty (60) days, we each agree to resolve any Claim exclusively through binding arbitration by AAA before a single arbitrator (the “Arbitrator”), under the Expedited Procedures then in effect for AAA (the “Rules”), except as provided herein. In the event of any conflict between the Rules and this Arbitration Agreement, this Arbitration Agreement will control. AAA may be contacted at www.adr.org, where the Rules are also available. The arbitration will be conducted in the U.S. county where you live or California, unless you and AKC agree otherwise. If you are using our Service for commercial purposes, each party will be responsible for paying any AAA filing, administrative and Arbitrator fees in accordance with AAA rules, and the award rendered by the Arbitrator will include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using our Service for non-commercial purposes: (i) AAA may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from AAA; (ii) the award rendered by the Arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. You and AKC agree that the Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any disputes relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement, including any claim that all or any part of this Arbitration Agreement is void or voidable. The Arbitrator will also be responsible for determining all threshold arbitrability issues, including issues relating to whether any provision of these Terms is unconscionable or illusory and any defense to arbitration, including waiver, delay, laches, unconscionability, or estoppel.
Nothing in this Section will be deemed as: preventing AKC from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of Content, data security, or other proprietary rights; or preventing you from asserting Claims in small claims court, if your Claims qualify and so long as the matter remains in such court and advances on only an individual (non-class, non-representative) basis.
If this Arbitration Agreement is found to be void, unenforceable, or unlawful, in whole or in part, the void, unenforceable, or unlawful provision, in whole or in part, will be severed. Severance of the void, unenforceable, or unlawful provision, in whole or in part, will have no impact on the remaining provisions of the Arbitration Agreement, which will remain in force, or the parties’ ability to compel arbitration of any remaining claims on an individual basis pursuant to the Arbitration Agreement. Notwithstanding the foregoing, if the Class Action/Jury Trial Waiver is found to be void, unenforceable, or unlawful, in whole or in part, because it would prevent you from seeking public injunctive relief, then any dispute regarding the entitlement to such relief (and only that relief) must be severed from arbitration and may be litigated in a civil court of competent jurisdiction. All other Claims for relief subject to arbitration under this Arbitration Agreement will be arbitrated under its terms, and the parties agree that litigation of any Claim regarding the entitlement to public injunctive relief will be stayed pending the outcome of any individual Claims in arbitration.
CLASS ACTION/JURY TRIAL WAIVER. WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED OUR SERVICE FOR PERSONAL, COMMERCIAL OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION OR OTHER REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AND AKC AGREE THAT THE ARBITRATOR MAY AWARD RELIEF ONLY TO AN INDIVIDUAL CLAIMANT AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF ON YOUR INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED MAY NOT AFFECT OTHER AKC COLLECTORS. YOU AND AKC FURTHER AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND AKC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO BRING, JOIN, OR PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND AS A PLAINTIFF OR CLASS MEMBER.
39. ADDITIONAL RESTRICTIONS.
In addition to other restrictions as set forth in these Terms, you are restricted from using our Service or any Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of our Service or linked third-party websites or services; (h) to collect or track the personal information of others; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of our Service or linked third-party websites or services.
40. SEVERABILITY.
In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion will be deemed to be severed from these Terms, such determination will not affect the validity and enforceability of any other remaining provisions.
41. TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of this agreement for all purposes. These Terms are effective unless and until terminated by either you or us. You may terminate this agreement at any time by notifying us that you no longer wish to use our Service, or when you cease using our Service. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination.
42. CHANGES TO THESE TERMS
Any new features or tools which are added to the current store will also be subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms by posting updates and changes to our Service. It is your responsibility to check our Service periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms constitutes acceptance of those changes.
43. NO WAIVER
Our delay or failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
44. ENTIRE AGREEMENT
These Terms and any policies or operating rules posted by us on our Service or in respect to our Service constitutes the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms will not be construed against us.
45. MISCELLANEOUS
AKC may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notice will be effective upon AKC posting them in the relevant area of the site or delivering them to you via email. You may update your email address by visiting your Account where you can provide contact information. If you do not provide AKC with accurate information, AKC will not be responsible for failure to contact you. AKC’s failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable. You authorize AKC to provide information concerning you and your activities to comply with applicable laws or respond to a court order, subpoenas, or other lawful requests, or if AKC thinks doing so would protect your safety or that of another person or protect the security of the services or as otherwise described in the Privacy Notice.
Additional Terms for the AKC Marketplace
The AKC Marketplace provides users with: (1) a variety of dog breeders, veterinarians, kennels, groomers and other dog-related service providers (collectively the “Marketplace Service Providers”), the ability to customize its own listing and describe its products and services, (2) users the opportunity to read about the experiences other users have had with these Service Providers and to provide reviews and ratings on the Marketplace Service Providers (the “Marketplace User”), and (3) Marketplace Users the capability to connect with Marketplace Service Providers and inquire about their products and services (collectively, the “Marketplace Services”).
1. AKC MARKETPLACE PAYMENTS
If you purchase any available Marketplace Subscription Plan for the Marketplace Services, or any additional services that we offer for a fee, either on a one-time or subscription basis, you agree to AKC storing your payment or credit card information. You also agree to pay the applicable fees for any services (including, without limitation, monthly fees) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the applicable subscription period during which you cancel your subscription. If you purchase any services, you agree to periodic recurring payments on your Account as specified by us when you purchase the Marketplace Services. All payments made are nonrefundable. You may cancel your services by contacting us at akcmarketplace@akc.org. You also acknowledge that when using, accessing, or purchasing particular services or features of the Websites or Marketplace Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms.
2. AKC MARKETPLACE SUBMISSIONS OF REVIEWS
To submit your own reviews and ratings on the AKC Marketplace, you acknowledge and agree that:
- all of your reviews and ratings will either be based upon: (i) your actual first-hand experiences with the Marketplace Service Providers you are reviewing;
- all of your reviews and ratings of the Marketplace Service Providers that you are rating will be accurate, truthful and complete in all respects;
- you do not work for, own any interest in, or serve on the board of directors of, any of the Marketplace Service Providers for which you submit reviews and ratings;
- you do not work for, own any interest in or serve on the board of directors of any competitors of the Marketplace Service Providers for which you submit reviews and ratings;
- you are not in any way related (by blood, adoption, marriage, or domestic partnership, if the Marketplace Service Provider is an individual) to any of the Marketplace Service Providers for which you submit reviews or ratings; and
- your name and review information will be made available to the Marketplace Service Providers on which you review and may be publicly displayed.
As a condition of your use of the Service, and without limiting your other obligations under these Terms, you represent and warrant that you will use the AKC Marketplace and the Services solely for lawful purposes in a manner consistent with these Terms and any and all applicable laws, regulations, or other legally enforceable obligations (including contractual obligations) you may have towards us and/or any third parties. You are solely responsible for any and all submissions, messages and content that is posted through your User Account on the Service, or AKC Market Place. As an example, you agree not to use the AKC Marketplace or any review forum on the Services in order to:
- defame, libel, ridicule, mock, stalk, threaten, harass, intimidate or abuse any User;
- impersonate another person or User, or use their email address or phone number;
- engage in conduct that is fraudulent or illegal or otherwise harmful to us, the Services or any other User;
- upload or transmit (or attempt to upload or transmit) files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files or data, or any other similar software or programs or engage in any other activity that may damage the operation of the Service or other Users’ computers;
- send messages in violation of the USA CAN-SPAM Act or any other applicable anti-spam law;
- violate the contractual, personal, intellectual property or other rights of any party or User, including using, uploading, transmitting, distributing, or otherwise making available any information made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity);
- obtain or attempt to obtain passwords or other private information from other Users;
- improperly use support channels or complaint buttons to make false reports to us;
- act in a manner that is harassing, trolling, threatening, abusive, racist, bigoted, or is otherwise objectionable (as determined by AKC);
- discriminate regarding access to communities that you create;
- promote, endorse, or further illegal activities;
- develop, distribute, or publicly inform other members of “auto” software programs, “macro” software programs or other “cheat utility” software program or applications in violation of the applicable license agreements; or
- exploit, distribute or publicly inform other members of any game error, miscue or bug which gives an unintended advantage; violate any applicable laws or regulations; or promote or encourage illegal activity including, but not limited to, hacking, cracking or distribution of counterfeit software, compromised accounts, or cheats or hacks for the Service.
These rules of use are not meant to be exhaustive, and we reserve the right to determine what conduct we consider to be a violation of the Terms, or improper use of the Service and to take action including termination of your Account and exclusion from further participation in the Service.
3. MARKETPLACE WEBSITE CONTENT; NO ENDORSEMENT OF SERVICE PROVIDERS
AKC does not endorse and is not responsible or liable for any User Content, Marketplace Service Providers, product or service reviews, description of products or services, company information, profile pictures and photographs, banners, data, advertising, products, goods or services available or unavailable from, or through, any Marketplace Service Providers, or other any other content provided by other users or third parties (“Website Content”) are for informational purposes only. You agree that should you use or rely on such Website Content, AKC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Marketplace Service Provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Marketplace Service Provider exclusively and do not involve AKC. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging Marketplace Service Providers (which includes, but is not limited to, health care and wellness providers). AKC is not affiliated with and does not license or endorse any breeders, groomers or other Marketplace Service Providers, including those listed on AKC Marketplace. AKC has no control over their business practices and is not liable for any dealings between you and any breeders, groomers or other service providers. AKC is not responsible for and has no liability with respect to any transaction between you and these Marketplace Service Providers. These listings are provided solely as a service to the public. AKC does not sell dogs and makes no warranty or guarantee as to the health, quality, parentage or any value of any dogs. The breeders have registered with AKC the sires, dams and litters listed on AKC Marketplace. Individual puppies of these AKC-registered litters, therefore, are eligible to be registered with AKC, subject to compliance with existing AKC Charter and Bylaws, rules, regulations, published policies and guidelines and the submission of a properly completed registration application and fee. AKC registration does not indicate the health, quality or value of a dog. AKC registration simply identifies the dog as offspring of a sire and dam that the breeder has registered with AKC.
The Website Content is not intended to be a substitute for professional veterinary advice, diagnosis, or treatment. Always seek the advice of your veterinarian or other qualified provider with any questions you may have regarding your pet’s medical condition.
AKC does not make any representations regarding the accuracy or validity of such Website Content or their appropriateness for evaluation by you, or any other person or business entities. Under no circumstances will AKC be liable in any way for any Website Content, including, but not limited to, any errors or omissions in any Website Content, or any loss or damage of any kind incurred as a result of the use of any Website Content posted, emailed, transmitted or otherwise made available via the Website, the Services or broadcast elsewhere.
AKC does not recommend or endorse any specific Marketplace Service Provider. Reliance on any information provided by AKC, or others appearing on the Website at the invitation of AKC, or other visitors to the Website is solely at your own risk.
You represent and warrant that any material, of any kind, including User Content or Website Content that you submit to AKC is owned by you and will not (a) violate or infringe upon the rights of any third party, including, but not limited to copyright, trademark, privacy or other personal or proprietary rights; (b) contain any libelous or otherwise unlawful material or (c) be prejudicial to the best interests of purebred dogs, purebred dog events or the AKC. If you wish to have items removed please contact akcmarketplace@akc.org.
You also represent and warrant that any User Content or Website Content posted by you will not send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing;” be used for commercial or business purposes, including, without limitation, advertising, marketing or offering goods or services, whether or not for financial or any other form of compensation or through linking with any other website or web pages; transmit, distribute or upload programs or material that contain malicious code or other potentially harmful programs or other material or information.
4. RESTRICTIONS ON USE
You may not do any of the following while accessing the Website or using the Services: (i) access, tamper with, or use non-public areas of the Website, the AKC computer systems, or the technical delivery systems of AKC providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Website or Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by AKC (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with AKC; (iv) forge any TCP/IP packet header or any part of the header information in any e-mail or posting, or in any way use the Website and/or the Services to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on AKC, the Website and/or Services.
5. ENDING THESE TERMS
The Terms will continue to apply until terminated by either you or AKC as follows.
You may end your legal agreement with AKC at any time for any reason by deactivating your Accounts and discontinuing your use of the Website or the Services. Please contact akcmarketplace@akc.org to deactivate your Account or your Account will be charged any recurring monthly fees.
AKC may suspend or terminate your Accounts or cease providing you with all or part of the Website or the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable. AKC will make reasonable efforts to notify you by the email address associated with your Account or the next time you attempt to access your Account.
In all such cases, these Terms shall terminate, including, without limitation, your license to use the Website or the Services, except that the following sections shall continue to apply: Brand Content, Copyright Complaints, User Content, Restrictions on User Content, Website content; No endorsement of Service Providers Restrictions on Use of the Services, Ending These Terms, Disclaimer of Warranties and Limitation of Liability, Representations and Warranties, Indemnity Waiver and Severability, Disputes, and Applicable Law.
Nothing in this section shall affect AKC’s rights to change, limit or stop the provision of the Marketplace Services without prior notice, as provided above.
6. AUTORENEWAL TERMS & CONDITIONS
By purchasing an AKC Marketplace Page, You affirm that you have carefully read, understand, and agree to the following terms and conditions:
You authorize AKC to charge your credit, debit, or bank card on file for your Marketplace Page once each month, once every three months, or once annually, whichever is applicable. Your Marketplace Page will be automatically renewed at the same Marketplace Page type most recently associated with your account. You may change Marketplace Page types at any point during but will be responsible for any additional fees associated with the new Marketplace Page type.
- Marketplace Page Fees. Marketplace Page fees may change. AKC will notify you of any change in Marketplace Page fees. Automatic renewals will be charged at the then-current rate of which you have been notified.
- Marketplace Page Terms of Service. All Marketplace Pages are valid until you cancel by contacting akcmarketplace@akc.org. You may opt out of automatic renewals at any time prior to the renewal date by contacting us at akcmarketplace@akc.org but all payments made prior to opting out are nonrefundable.
- Billing Information. You are responsible for maintaining true, current, and accurate billing and payment information in your membership account in order to facilitate automatic renewal payments.
- Unpaid Balances. If AKC does not receive payment from your credit, debit, or bank card issuer or its agent at the time when automatic renewal charges are initiated, you agree to pay all amounts due upon AKC’s demand. If attempt(s) to collect payment fail, AKC at its discretion may consider your Marketplace Page expired and you will forfeit any services associated with the Marketplace Page.
Contact Information and Notifications. AKC will send email notifications about pending automatic renewal charges, pricing changes, and other changes to these terms to the primary email address associated with your Marketplace Page account. You are responsible for maintaining a current email address that is capable of receiving AKC emails.