TERMS AND CONDITIONS OF USE AND NOTICES
Agreement Between User and MB-F. The MB-F, Inc. ("MB-F") Web Site is comprised of various Web sites and Web pages operated by MB-F or its affiliates (collectively, the "MB-F Web Sites").
The MB-F Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, services and notices contained herein. Your use of the MB-F Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular MB-F Web Site included within the MB-F Web Sites may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the MB-F Web Sites may themselves contain additional terms that govern particular features or offers (for example, chat areas).
In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular MB-F Web Site, then these terms shall control.
Click on the link below for the terms and conditions which govern these additional MB-F web sites and/or services:
Software
Limited Warranty and Disclaimer
Discussion Forums
Email
Modification of These Terms Of Use. MB-F reserves the right to change the terms, conditions, and notices under which the MB-F Web Sites are offered, including but not limited to the charges associated with the use of the MB-F Web Sites. You are responsible for regularly reviewing these terms and conditions.
Personal and Non-Commercial Use Limitation. Unless otherwise specified, the MB-F Web Sites are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the MB-F Web Sites, except as permitted by these Terms and Conditions of Use or under applicable laws. This restriction means, among other things, that you may not mirror on your own Web site, the home page or results pages of this Web site or any MB-F Web Site or affiliated site.
Links to Third Party Sites and Linking to Our Site. The MB-F Web Sites may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of MB-F and MB-F is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. MB-F is not responsible for webcasting or any other form of transmission received from any Linked Site. MB-F is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by MB-F of the site or any association with its operators. By using the site to search for or link to another site, you agree and understand that you may not make any claim against MB-F for any damages or losses, whatsoever, resulting from your use of the site to obtain search results and/or to link to another site. However, if you have a problem with a link from the site, please let us know at mbf@infodog.com and we will investigate the link and take appropriate action. You may link to our site for noncommercial purposes. For commercial purposes, please contact mbf@infodog.com for information concerning such use.
Use of Our Logo and Screen Shots for Noncommerical Purposes. You may use our screen shots and logo for noncommercial purposes. You may make requests to use our screen shots and logo for commercial purposes by contacting mbf@infodog.com
No Unlawful or Prohibited Use. As a condition of your use of the MB-F Web Sites, you warrant to MB-F that you will not use the MB-F Web Sites for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the MB-F Web Sites in any manner which could damage, disable, overburden, or impair the MB-F Web Sites or interfere with any other party's use and enjoyment of the MB-F Web Sites. You may not attempt to gain unauthorized access to any MB-F Web Site, other accounts, computer systems or networks connected to any MB-F Web Site, through hacking, password mining or any other meansYou may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the MB-F Web Sites. In event of any unlawful or prohibited use of any MB-F Web Site, in addition to any other remedies that may be available to it MB-F reserves the right to prosecute any such violators to the fullest extent allowable by law.
Use of Communication Services. The MB-F Web Sites may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
MB-F has no obligation to monitor the Communication Services. However, MB-F reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. MB-F reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
MB-F reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in MB-F's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. MB-F does not control or endorse the content, messages or information found in any Communication Service and, therefore, MB-F specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized MB-F spokespersons, and their views do not necessarily reflect those of MB-F.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.
Materials Provided To MB-F Or Posted At Any MB-F Web Site. MB-F does not claim ownership of the materials you provide to MB-F (including feedback and suggestions) or post, upload, input or submit to any MB-F Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting MB-F, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. MB-F is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in MB-F's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Indemnity. You agree to indemnify and hold MB-F and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Submissions or other content sent or posted by you or made available through any MB-F Web Site, your use of any MB-F Web Site, your connection to any MB-F Web Site, your violation of the terms of service for an MB-F Web Site, or your violation of any rights of another.
No Professional Advice. The information appearing in the Infodog.com site and in email alerts is intended solely as general guidance to assist in the sport of pure-bred dogs and does not constitute professional advice. Individual situations and state laws vary and users are encouraged to obtain appropriate advice from qualified professionals in the applicable jurisdictions.
Termination/Access Restriction. MB-F reserves the right, in its sole discretion, to terminate your access to any or all MB-F Web Sites and the related services or any portion thereof at any time, without notice. MB-F further reserves the right to refuse, remove, or block any postings or information by users without any notice in its sole discretion.
General. This agreement is governed by the laws of the State of North Carolina, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Guilford County, North Carolina, U.S.A. in all disputes arising out of or relating to the use of the MB-F Web Sites. Use of the MB-F Web Sites is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and MB-F as a result of this agreement or use of the MB-F Web Sites. MB-F's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of MB-F's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the MB-F Web Sites or information provided to or gathered by MB-F with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and MB-F with respect to the MB-F Web Sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and MB-F with respect to the MB-F Web Sites. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
Servability. The provisions of these Terms and Conditions of Use are intended to be severable. If for any reason any provision of these Terms and Conditions of Use shall be held invalid or unenforceable in whole or in party in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceabililty without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Acknowledgement. The Terms and Conditions of Use, including all documents referenced herein, represent the entire understanding between you and MB-F regarding your relationship with MB-F and supersedes any prior statements or representations.
SOFTWARE
Software Available On The MB-F Web Sites. Software (if any) that is made available to download from the MB-F Web Sites, excluding software that may be made available by end-users through a Communication Service, ("Software") is the copyrighted work of MB-F and/or its suppliers. Your use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software not accompanied by a license agreement, MB-F hereby grants to you, the user, a personal, non-transferable license to use the Software for viewing and otherwise using the particular MB-F Web Site in accordance with these Terms of Use, and for no other purpose provided that you keep intact all copyright and other proprietary notices. All Software is owned by MB-F and/or its suppliers and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export control laws and regulations of the USA. You agree not to export or re-export the Software, directly or indirectly, to any countries that are subject to USA export restrictions. Finally, you agree that use of any software is subject to such other disclaimer and limited warranty contained on the MB-F Web Site. Limited Warranty and Disclaimer
WARRANTY INFORMATION AND LIABILITY DISCLAIMER
Limited Warranty. MB-F represents and warrants that it has the right and authority to make the material, products and services available to you pursuant to these Terms and Conditions of Use.
Liability Disclaimer. Except as provided in the limited warranty section, MB-F and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the MB-F Web sites for any purpose. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. MB-F AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
In addition, the site may automatically produce search results that reference or link to third party sties throughout the World Wide Web. MB-F has no control over these sites or the content within them. MB-F cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. MB-F does not endorse the content of any third party site, nor can we warrant that they will not contain viruses or otherwise impact your computer. BY USING THE SITE TO SEARCH FOR OR LINK TO ANOTHER SITE, YOU AGREE AND UNDERSTAND THAT YOU MAY NOT MAKE ANY CLAIM AGAINST MB-F FOR ANY DAMAGES OR LOSSES, WHATSOEVER, RESULTING FROM YOUR USE OF THE SITE TO OBTAIN SEARCH RESULTS AND/OR TO LINK TO ANOTHER SITE. However, if you have a problem with a link from the site, please let us know at mbf@infodog.com and we will investigate the link and take appropriate action.
Further, the information, software, products, and services included in or available through the MB-F Web sites may include inaccuracies or typographical errors. Changes are periodically added to the information herein. MB-F and/or its respective suppliers may make improvements and/or changes in the MB-F Web sites at any time. ADVICE RECEIVED VIA THE MB-F WEB SITES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR VETERINARY DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
IN NO EVENT SHALL ANY COVERED PARTY (AS DEFINED BELOW) BE LIABLE FOR ANY DIRECT, INDIRECT, LOSS INJURY CLAIM OR LIABILITY NOR PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER (“COLLECTIVELY “DAMAGES”) INCLUDING, WITHOUT LIMITATION, DAMAGES ARISING FROM, CONNECTED WITH OR CORRELATED TO (I) ANY ERRORS IN OR OMISSIONS FROM ANY SOFTWARE, PRODUCTS, SERVICES OR MATERIALS (COLLECTIVELY THE “SERVICES”) AVAILABLE OR NOT INCLUDED THEREIN ON THE MB-F WEB SITES OR ANY LINKED SITE, (II) LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE MB-F WEB SITES, INCLUDING, BUT NOT LIMITED TO, ANY DATA WHICH YOU OR ANY THIRD PARTY MAY HAVE TRANSFERRED, LINKED WITH OR TO, OR STORED ON ANY MB-F WEB SITE, (III) WITH THE DELAY OR INABILITY TO USE ANY MB-F WEB SITES OR RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, THE COMPLETE LOSS OF (A) ACCESS TO ANY SITE OR SITES OR (B) ANY DATA WHICH YOU OR ANY THIRD PARTY MAY HAVE TRANSFERRED, LINKED WITH OR TO, OR STORED ON ANY MB-F WEB SITE, OR (IV) THE UNAVAILABILITY OR INTERRUPTION OF SERVICES OR ANY FEATURES THEREOF OR ANY USES THEREOF, (V) YOUR USE OF THE SERVICES (REGARDLESS OF WHETHER YOU RECEIVED ANY ASSISTANCE FROM A COVERED PARTY IN USING THE SERVICES OR PAID ANY FEE FOR ACCESS OR USE), (VI) YOUR USE OF ANY EQUIPMENT IN CONNECTION WITH THE SERVICES (VII) THE CONTENT OF THE SERVICES RECEIVED, OR (VIII) ANY DELAY OR FAILURE IN PERFORMANCE BEYOND THE REASONABLE CONTROL OF A COVERED PARTY OR (IX) THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION CONCERNING SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE MB-F WEB SITES, OR OTHERWISE ARISING OUT OF THE USE OF THE MB-F WEB SITES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF A COVERED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE MB-F WEB SITES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE MB-F WEB SITES. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS WHICH VARY FROM STATE TO STATE.
"Covered party" means (a) MB-F, its affiliates, and any officer, director, employee, shareholder, partner, member, subcontractor, agent, successor, or assign of MB-F or its affiliates, as applicable; and (b) each third party supplier of software, products, services or materials, their affiliates, and any officer, director, employee, shareholder, partner, member, subcontractor, agent, successor, or assign of any such third party supplier or any of their affiliates, as applicable.
SERVICE CONTACT: mbf@infodog.com
PRIVACY, COPYRIGHTS AND TRADEMARKS
FOR INFORMATION REGARDING THE INFODOG.COM PRIVACY STATEMENT CLICK HERE. http://www.infodog.com/privacy.htm
Copyright and Trademark Notices. All content included on this site, such as text, graphics, logos, button icons, images, audio clips, and Software, is the property of MB-F or its content suppliers and protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all content on this site is the exclusive property of MB-F and protected by U.S. and international copyright laws. All Software used on this site is the property of MB-F or its Software suppliers and protected by U.S. and international copyright laws. The content and Software on this site may be used as a shopping, selling, and e-card resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the content on this site is strictly prohibited.
Trademarks. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. Any example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent as set forth below. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See Notice and Procedure for Making Claims of Copyright Infringement.
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING THE SERVICE PROVIDERS REFERENCED BELOW THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Service Provider(s): MB-F, Inc.
To be effective, the Notification must include the following:
Upon receipt of the written Notification containing the information as outlined in A through F above:
Counter Notification:
To be effective, a Counter Notification must be a written communication provided to the Service Provider's Designated Agent that includes substantially the following:
Upon receipt of a Counter Notification containing the information as outlined in A through D above:
MB-F, INC. SUBSCRIPTION INFORMATION
Click here to subscribe to My Infodog https://secure.infodog.com/my/enroll.htm
Subscription-based Content. Some contents and/or Services on MB-F may be offered to you conditioned on your purchase of a subscription. If you elect to purchase subscription-based content/services and transmit to MB-F a subscription purchase request, you warrant that all information that you submit is true and accurate (including without limitation your credit card number and expiration date), and you agree to pay all subscription fees you incur plus all applicable taxes. You may cancel your subscription to any fee-based content and/or services by contacting Customer Support in writing at myinfodog@infodog.com. Memberships are considered cancelled once a reply notification to the user's cancellation request is sent from support staff from myinfodog@infodog.com. If you have purchased an automatically renewing subscription, you will not be charged the monthly subscription fee thereafter (but there are no refunds of subscription fees previously paid). No refund will be made for the unused portion of the month during which the cancellation is received. A pro-rated refund will be made for any remaining pre-paid months. No cancellation of access to free content and/or services or to non-renewing subscriptions is required. Your subscription is personal to you and the members of your household, and you may not transfer or make available your account name and password to others, including without limitation your co-workers. Any distribution by you of your account name and password may result in cancellation of your subscription without refund and in additional charges based on unauthorized use.
You represent and warrant that: (1) you are at least 18 years of age or the age required or allowed under applicable law for making a legal and binding contract; (2) all information that you submit is true and accurate (including without limitation information relating to your payment method); and (3) you are an individual (or in the case of an entity, an agent of the entity) authorized to use the designated payment method. You agree to pay for all charges (including charges by other persons) and to comply with your responsibilities and obligations as stated in this Agreement. If you are an agent of an entity user, you represent and warrant that you are duly authorized to legally bind the entity to all terms and conditions of this Agreement and that you have made the entity aware of them. You agree not to assign, transfer or sublicense any rights in your billing account. MB-F may: (1) generate print copies of its electronic records and introduce them in evidence as original documents; and (2) prove your agreement or consent in any manner, including without limitation, by showing that a procedure existed by which you must have provided consent or engaged in conduct to obtain the applicable products.
Fee-Based Service Charges. Certain features which are a part of one or more of the MB-F Web Sites are available only through the purchase of a site subscription ("Fee-Based Services") in conjunction with acceptance of such Fee-Based Services, you agree to comply with the following:
(a) You agree to pay, using a valid credit card which MB-F accepts, the monthly or annual subscription charges set forth on the applicable MB-F Web Site, applicable taxes, and other charges incurred on your account in order to access Fee-Based Services. MB-F reserves the right to increase fees, surcharges, and site subscription fees, or to institute new fees at any time, upon reasonable notice posted in advance on this Site. MB-F will automatically charge your account for renewal of your site subscription. The renewal charge will be the current published rates for the term of your subscription. In the event MB-F cannot charge your account, we reserve the right to terminate your access to the Fee-Based Services. If you purchase an annual site subscription to access the Fee-Based Services and cancel at any time during that subscription year, MB-F will refund the remainder of your subscription on a pro-rata basis that will cover the unused months of your subscription (partial months will not be refunded).
(b) In addition to the charges set forth above, you are responsible for all charges associated with connecting to the applicable MB-F Web Site, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access the Fee-Based Services. Further, prices for all Fee-Based Services exclude all applicable taxes and telecommunication charges, unless expressly stated otherwise. To the extent permissible by law, you agree to be responsible for any applicable taxes and telecommunication charges, whether or not such amounts are itemized on any statement that maybe provided to you.
(c) For purposes of identification and billing, you agree to provide MB-F with accurate, complete, and updated information required by the site subscription registration to the Fee-Based Services ("Registration Data"), including your name, address, telephone number(s), and applicable payment data (e.g., credit card number, e-mail address, and expiration date). You may check, following subscription help instructions, to determine whether your Registration Data is current and accurate, and, if not, to correct or update your Registration Data. Failure to comply with this provision (including without limitation falsification of any Registration Data) may, at MB-F's option, result in immediate suspension or termination of your right to use the Fee-Based Services.
(d) You agree to promptly update your Registration Data, following subscription help instructions, in the event of any known or suspected unauthorized use of your subscription, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information. In the event of a breach of security, you will remain liable for any unauthorized use of your subscription until you update your Registration Data. If your credit card expires, is canceled, is lost or is subject to use without your authorization, or if your subscription is subject to use without your authorization, follow subscription help instructions to update your Registration Data.
(e) MBF MAY SUBMIT PERIODIC CHARGES (E.G., MONTHLY) WITHOUT FURTHER AUTHORIZATION FROM YOU, UNTIL YOU PROVIDE PRIOR NOTICE (CONFIRMED IN WRITING UPON REQUEST) THAT YOU HAVE TERMINATED THIS AUTHORIZATION OR WISH TO CHANGE YOUR PAYMENT METHOD. SUCH NOTICE WILL NOT AFFECT CHARGES SUBMITTED BEFORE MB-F REASONABLY COULD ACT. TO TERMINATE YOUR AUTHORIZATION OR CHANGE YOUR PAYMENT METHOD, GO TO http://www.infodog.com/my/default.htm
Your non-termination or continued use of the Products on your billing account reaffirms that MB-F is authorized to charge your payment method. MB-F may submit those charges for payment and you will be responsible for such charges. Those submissions will not waive MB-F’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially ordered the applicable product.
Due Date: Late Charge; Collection Costs. The amount due to MB-F for your billing account must be paid in full by your payment method provider on the date such payment is requested by MF-B, not later than 30 days after the billing date; you are not entitled to carry forward a balance. You agree to pay late charges that may be assessed by MB-F on amounts due but not timely paid. The late charge will be 1% per month (or 12% per annum) on the total amount due but not paid; but if such rate is in excess of any allowable rate under applicable laws, then you will instead be charged the maximum rate that is permitted by law. MB-F reserves the right to refer your Billing Account to a third party for collection in the event of default. You agree to pay all costs incurred in the enforcement of this Agreement and in collection of any delinquent amounts due, including reasonable attorneys' fees and costs.
Default. If MB-F does not receive payment for any charge to your billing account, you will be in default and MB-F may suspend or cancel your billing account and your access to any or all MB-F products or services. If your payment method provider seeks return of payments previously made to MB-F, but MB-F in good faith believes that you are liable for the charge and applicable law allows the payment method provider to seek payment from you, you will also be in default and MB-F may cancel your billing account and your access to any or all Products. CANCELLATION OR SUSPENSION FOR DEFAULT MAY BE MADE WITHOUT PRIOR NOTICE TO YOU AND UPON SUCH CANCELLATION OR SUSPENSION, MB-F MAY STOP DELIVERY OF ANY PRODUCT, AND ANY INFORMATION YOU HAVE STORED ON A MB-F SERVICE MAY NOT BE RETRIEVED AT A LATER DATE.
CONSUMER DISCLOSURES AND CONSENTS FOR ELECTRONIC INFORMATION
Disclosure to Receive All Information in Electronic Form. ALL INFORMATION THAT MB-F IS REQUIRED BY LAW TO SEND TO YOU REGARDING THE SUBSCRIPTIONS, SERVICES AND OTHER ITEMS PROVIDED TO YOU UNDER THIS AGREEMENT, INCLUDING ANY BILLING AND PAYMENT INFORMATION (COLLECTIVELY REFERRED TO AS "REQUIRED INFORMATION"), AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MB-F, WILL BE PROVIDED TO YOU IN ELECTRONIC FORM ONLY. MB-F WILL PROVIDE ALL REQUIRED INFORMATION TO YOU IN ELECTRONIC FORM EITHER: (1) VIA E-MAIL AT THE E-MAIL ADDRESS YOU SPECIFY DURING YOUR SIGN-UP FOR SUBSCRIPTIONS, SERVICES OR OTHER ITEMS UNDER THIS AGREEMENT; (2) BY ACCESS TO A MB-F WEB SITE THAT WILL BE DESIGNATED IN AN E-MAIL NOTICE SENT TO YOU AT THE TIME THE INFORMATION IS AVAILABLE; OR, (3) TO THE EXTENT PERMISSIBLE BY LAW, BY ACCESS TO A MB-F WEB SITE THAT WILL BE GENERALLY DESIGNATED IN ADVANCE FOR SUCH PURPOSE.
Requesting Paper Copies. You may request a paper copy of any Required Information previously provided to you in electronic form by MB-F for a period of one hundred and twenty (120) calendar days from the date that MB-F first provided the Required Information to you; however, MB-F may charge a reasonable fee for providing such paper copies. You may request paper copies by following the instructions at http://www.infodog.com/my/default.htm.
Hardware and Software Requirements. In order to receive Required Information electronically from MB-F, you must have an e-mail address and submit it to MB-F upon sign-up for any subscription, service or other item provided under this Agreement. Your computer also must have either Internet Explorer 5.x (or above) or Netscape Navigator 6.x (or above) and an e-mail software program capable of sending and receiving e-mail from MB-F via the Internet. Finally, your computer must be capable of receiving, accessing, displaying, and either printing or storing, Required Information received in electronic form from MB-F via a plain text-formatted e-mail or by access to a MB-F web site using one of the browsers specified above.
Changes to Hardware and Software Requirements. In the event that there are any changes to the hardware and software requirements listed above that are likely to have a significant impact on your ability to receive, access, display, store, and print required information that MB-F sends to you in electronic form, MB-F will notify you of these changes. In such case, you will be required to reconfirm your agreement to receive, and your ability to access, such Required Information in electronic form in order to avoid any disruption in the subscriptions, services or other items provided to you under this Agreement.
Consent to Receive All Information in Electronic Form. YOU AGREE THAT BY ACCEPTING THE TERMS IN THIS AGREEMENT, YOU CONSENT TO RECEIVE REQUIRED INFORMATION, AND ANY OTHER INFORMATION PROVIDED TO YOU FROM MB-F, SOLELY BY ELECTRONIC COMMUNICATION. YOU ALSO CONFIRM THAT YOUR COMPUTER SATISFIES THE HARDWARE AND SOFTWARE REQUIREMENTS STATED ABOVE FOR RECEIVING, ACCESSING, DISPLAYING, PRINTING, AND STORING COPIES OF SUCH REQUIRED INFORMATION, AND YOU CONFIRM THAT YOU HAVE PROVIDED MB-F A CURRENT E-MAIL ADDRESS FOR RECEIVING REQUIRED INFORMATION.
THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR QUIET ENJOYMENT OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE MB-F WEB SITES OR AGAINST INFRINGEMENT. If you have a concern over these matters, please review our policy at
INFODOG.COM
INFODOG.COM
INFODOG.COM
Name of Agent Designated to Receive Notification of Claimed Infringement:
Michael J. Wenig, Esq.
Full Address of Designated Agent to Which Notification Should be Sent:
Tuggle Duggins & Meschan PA
PO Box 2888
Greensboro, North Carolina 27402
Telephone Number of Designated Agent: (336) 378-1431
Facsimile Number of Designated Agent: (336) 274-6590
Email Address of Designated Agent: mwenig@tuggleduggins.com
INFODOG.COM
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SHOPPING SERVICES
In addition to providing links to various merchants, MB-F also sells product through certain merchants, which products are offered by the merchants on their individual Web sites. In such cases, these products or services will be identified at the time of order as coming from MB-F and MB-F will assume responsibility for the collection of any payments due for said products or services either on its own behalf or on the behalf of said merchants. In the case of products or services sold by MB-F, the Terms and Conditions of Use shall apply, as well as any specific terms and conditions concerning the shipment, delivery or payment for said services.
Shipping Charges and Taxes. You are responsible for paying the entire amount due on your purchase, including any applicable taxes, shipping and other charges assessed by a merchant or by MB-F, as applicable. With respect to applicable taxes, the merchant or MB-F, as applicable, will advise you at the time of order the exact amount of tax due on your purchase. MB-F has no responsibility whatsoever for any miscalculation or omission by a merchant of applicable taxes on any sale.
In the case of MB-F, however, since MB-F may have nexus with one or more states, it may be required to collect from you and remit to the appropriate state sales tax on your purchases. In such event, you will be advised at the time invoiced that sales tax has been collected and remitted. Otherwise, you may be liable for the collection and remittance of sales or use tax to your state of residence. Questions concerning the application of sales tax should be addressed to either your tax advisor or the appropriate representatives in your state or local government.
Responsibility For Orders Placed, Use By Children. MB-F cannot prohibit minors from visiting this site. MB-F must rely on parents, guardians and those responsible for supervising children to decide which materials are appropriate for such children to purchase.
MB-F requires that all purchases made by minors include verifiable permission for such minors to purchase items on our site and for the collection by us of certain information in accordance with the terms of our privacy policy.
EACH TIME YOU PURCHASE A PRODUCT AT MB-F, YOU ARE REPRESENTING TO MB-F THAT YOU ARE AT LEAST 18 YEARS OF AGE AND THAT YOU POSSESS THE LEGAL RIGHT TO USE MB-F SERVICES IN ACCORDANCE WITH THE STATED TERMS AND USAGE POLICIES. YOU HEREBY AGREE TO SUPERVISE USAGE BY, AND BE RESPONSIBLE FOR THE ACTIONS OF, ANY MINORS WHO USE YOUR COMPUTER AND/OR REGISTRATION ACCOUNT TO ACCESS MB-F SERVICES.
Information MB-F publishes on the World Wide Web may contain references or cross-references to MB-F or merchant products, programs and services that are not announced or available in your country. Such references do not imply that MB-F or merchant intends to announce such products, programs or services in your country. Consult your local merchant business contact for information regarding the products, programs and services which may be available to you.
WARRANTY INFORMATION
SOME PRODUCTS SOLD BY MB-F COME WITH A LIMITED WARRANTY OR SOFTWARE LICENSE PROVIDED BY A THIRD-PARTY MANUFACTURER OR VENDOR. ALL MERCHANDISE WHICH DOES NOT INCLUDE A WARRANTY AND/OR SOFTWARE LICENSE BY THE MANUFACTURER, VENDOR OR MB-F IS SOLD “AS IS” WITHOUT WARRANTY. MB-F MAKES NO OTHER WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE MERCHANDISE. PRODUCTS WHICH HAVE BEEN SUBJECT TO MISUSE (INCLUDING STATIC DISCHARGE), NEGLECT, ACCIDENT OR MODIFICATION, OR WHICH HAVE BEEN ALTERED AND ARE NOT CAPABLE OF BEING TESTED ARE EXCLUDED FROM ANY WARRANTY BY MB-F. MB-F SHALL HAVE NO LIABILITY TO YOU OR ANY OTHER PERSON OR ENTITY WITH RESPECT TO ANY LIABILITY, LOSS OR DAMAGE ARISING OUT OF OR CONNECTED WITH THE MERCHANDISE INCLUDING, BUT LIMITED TO, ANY CLAIM FOR PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, REGARDLESS OF ANY WARRANTY INCLUDED WITH THE MERCHANDISE AND THE LIABILITY DISCLAIMER DESCRIBED ABOVE SHALL APPLY. PLEASE REFER TO ANY MANUFACTURER’S OR VENDOR’S WARRANTY INCLUDED WITH THE MERCHANDISE TO DETERMINE THE REMEDIES AVAILABLE IN THE EVENT OF A DEFECT IN THE MATERIALS OR WORKMANSHIP.
Some states do not allow exclusion of or limitations on implied warranties, such as warranties of merchantability or fitness for a particular purpose or the exclusion of incidental or consequential damages, so the above limitations or exclusions may not apply to you. In addition, you may have other rights which vary from state to state.
Many specific products offered on the MB-F Web Sites are covered by a manufacturer’s warranty. A copy of a specific warranty, where one is offered by a warrantor, will be made available for inspection before sale, upon specific request. E-mail Customer Service at mbf@infdoog.com, or write to MB-F, P.O. Box 22107, Greensboro, NC 27420. A copy of the warranty will be mailed to you, or transmitted to any fax machine you designate.