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Terms of Service

EXCELLENT GUN DOG TERMS-OF-SERVICE

In order to use the products, services, recommendations, and information provided by Excellent Gun Dog, you must first agree to the Terms-of-Service. You may not use the products, services, recommendations, and information provided by Excellent Gun Dog if you do not accept the Terms-of-Service. Excellent Gun Dog and this web site, or related entities, are constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the products, services, recommendations, and information provided by Excellent Gun Dog and this web site, or related entities, may change from time to time without prior notice to you. In order to access certain products, services, recommendations, and information provided by Excellent Gun Dog, you may be required to provide information about yourself (such as identification or contact details) as part of the registration process for the products, services, recommendations, and information provided by Excellent Gun Dog, or as part of your continued use of the products, services, recommendations, and information provided by Excellent Gun Dog. You agree that any registration information you give to Excellent Gun Dog and this web site, or related entities, will always be accurate, correct and up to date. Unless you have been specifically permitted to do so in a separate agreement with Excellent Gun Dog, or related entities, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the products, services, recommendations, and information provided by Excellent Gun Dog, or related entities, for any purpose. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access Excellent Gun Dog and this web site, or related entities. Accordingly, you agree that you will be solely responsible to Excellent Gun Dog and this web site, or related entities, for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify Excellent Gun Dog, or related entities, immediately through the "Contact Us" tab on www.excellentgundog.com.

EXCLUSION OF WARRANTIES

NOTHING IN THESE TERMS-OF-SERVICE SHALL EXCLUDE OR LIMIT Excellent Gun Dog, OR RELATED ENTITIES, WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND “AS AVAILABLE.” IN PARTICULAR, EXCELLENT GUN DOG, OR RELATED ENTITIES, AND ITS LICENSORS (IF APPLICABLE) DO NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, WILL BE ACCURATE OR RELIABLE, AND (D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU, TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EXCELLENT GUN DOG, OR RELATED ENTITIES, OR THROUGH OR FROM THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS-OF-SERVICE. EXCELLENT GUN DOG, OR RELATED ENTITIES, FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT EXCELLENT GUN DOG, OR RELATED ENTITIES, SHALL NOT BE LIABLE TO YOU FOR:

(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:

(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES.

(II) ANY CHANGES WHICH EXCELLENT GUN DOG, OR RELATED ENTITIES, MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES, (OR ANY FEATURES WITHIN THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES);

(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PRODUCTS, SERVICES, RECOMMENDATIONS, AND INFORMATION PROVIDED BY EXCELLENT GUN DOG, OR RELATED ENTITIES;

(III) YOUR FAILURE TO PROVIDE EXCELLENT GUN DOG, OR RELATED ENTITIES, WITH ACCURATE ACCOUNT INFORMATION;

(IV) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL; THE LIMITATIONS ON EXCELLENT GUN DOG, OR RELATED ENTITIES, LIABILITY TO YOU SHALL APPLY WHETHER OR NOT EXCELLENT GUN DOG, OR RELATED ENTITIES, HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.

The products, services, recommendations, and information provided by Excellent Gun Dog, or related entities, may include hyperlinks to other web sites or content or resources. Excellent Gun Dog, or related entities, has no control over any web sites or resources which are provided by companies or persons other than Excellent Gun Dog, or related entities.

You acknowledge and agree that Excellent Gun Dog, or related entities, is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.

You acknowledge and agree that Excellent Gun Dog, or related entities, is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.

The Terms-of-Service constitute the whole legal agreement between you and Excellent Gun Dog, or related entities, and govern your use of the products, services, recommendations, and information provided by Excellent Gun Dog, or related entities, and completely replace any prior agreements between you and Excellent Gun Dog, or related entities, in relation to the products, services, recommendations, and information provided by Excellent Gun Dog, or related entities.

You agree that Excellent Gun Dog, or related entities, may provide you with notices, including those regarding changes to the Terms-of Service, by email or by postings on the Excellent Gun Dog web site(s).

You agree that if Excellent Gun Dog, or related entities, does not exercise or enforce any legal right or remedy which is contained in the Terms-of-Service (or which Excellent Gun Dog, or related entities, has the benefit of under any applicable law), this will not be taken to be a formal waiver of Excellent Gun Dog, or related entities, rights and that those rights or remedies will still be available to Excellent Gun Dog, or related entities.

If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms-of-Service is invalid, the remaining provisions of the Terms-of-Service will continue to be valid and enforceable.