The McNab Shepherd Registry, Inc. (“MSR”) owns and operates this website. By accessing and using this site, you agree to each of the terms and conditions set forth herein and agree to abide by the MSR’s Bylaws, rules, regulations, procedures as set forth in the MSR Charter and Bylaws, rules, regulations, published policies and guidelines. Additional terms and conditions applicable to certain areas of this website or as to certain transactions are posted in those areas or in connection with a particular transaction, and together with these Terms of Use govern your use of those areas and/or transactions.
MSR reserves the right to modify these Terms of Use at any time without prior notice. Your use of this site following any modification constitutes your agreement to be bound by the Terms of Use as modified. The last date these Terms of Use were revised is set forth below.
You may use this website for lawful purposes only. You may not use this website for any purpose that is prohibited by law or regulations or to facilitate the violation of any law or regulation.
COPYRIGHT
This website and the content are protected by U.S. and/or copyright laws, and belong to the MSR or third parties. The copyright in the content is owned by the MSR or other copyright owners who have authorized their use on the site. No material may be reproduced in any manner of form whatsoever without written permission from the MSR or the copyright owner. You may reproduce content for online or offline use pursuant to MSR’s “Reproduction of Online Materials Policy.”
TRADEMARKS
The trademarks, service marks and logos (“trademarks”) used or displayed on this website are registered and unregistered trademarks of the MSR or third parties. You may not use any of the trademarks or logos appearing on this site without written permission from the trademark owner. MSR and all associated marks and logos are the property of the MSR. The absence of a name, trademark or logo in this list does not constitute a waiver of any and all intellectual property rights that MSR 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 MSR or the trademark owner.
USE OF OWNER
Throughout this website, MSR uses the term “owner” in various forms. MSR is using the term in a general manner and not in a manner to be construed as synonymous with legal title.
THIRD PARTY LINKS
This website contains links to websites which are not maintained by the MSR. Links to third party websites are provided for your convenience and information only. Third party websites are not under the MSR’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 MSR guarantee that sites will not change without our knowledge. The inclusion of a link in this website does not imply the MSR’s endorsement of the third party website nor that we are affiliated with the third party website’s owners or sponsors.
PUPPY AND DOG SALE DISCLAIMER
Disclaimer: The McNab Shepherd Registry (MSR) provides puppy/dog referrals as a resource to puppy and dog buyers to help locate breeders and other sources. MSR takes no responsibility for any puppies/dogs that you may acquire through MSR puppy/dog referral, or that are sold by any breeder on the puppy referral list. MSR is not responsible for any breeder’s sales practices or sales contracts, and MSR will not be involved in any manner in contract disputes between puppy/dog buyers and breeders. Most importantly, the MSR puppy referral list is not an endorsement or advertisement of any of the breeders on the list. The list is used solely to identify member breeders who have litters available for sale to the public. Buyers are encouraged to take as much time as necessary to locate a reputable breeder from whom they feel comfortable purchasing a puppy. Every potential puppy buyer should thoroughly investigate breeders and their puppies before committing to a purchase.
APPLICATIONS
You agree that all information supplied by you to register or list a dog or litter through this site is true and correct. You understand that the listing/registration is not guaranteed and listing/registration fees are nonrefundable. You understand that if you are submitting an application on behalf of another you must have the written authority to do so and will upon request be required to provide to the MSR the written authorization. The written authority must explicitly state that you have been given permission to submit the particular application(s) on behalf of another. You also represent and agree that you are in good standing with the MSR. You understand and agree that any misrepresentation submitted by you through the 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. The submission of false information to register or list a dog or litter could also result in the loss of your MSR privileges. Additionally the submission of false information may result in MSR refusing service, suspending or terminating your account without notice. By supplying your email address and/or telephone number, you consent to receive communications from MSR and third parties.
YOUR ONLINE ACCOUNT
If you use this site, 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.
MSR does not allow for the creation of an Online Account by a person under the age of eighteen. MSR policy requires that dogs or litters registered or listed in the names of children be properly authorized by the minor’s parent or guardian. With respect to an Online Account, this means the parent or guardian must establish, maintain and submit information on behalf of the minor.
ONLINE RECORD KEEPING
If you use the Online Record Keeping service of the MSR, you understand and agree that all the information that you input into the records will be stored on MSR servers. You understand and agree that the MSR will have access to and the ability to use this information. This will include but is not limited to use for determining compliance with MSR Rules, Regulations and policies and contacting individuals to whom you have transferred a dog or puppy. Pursuant to MSR’s regulations for record keeping you must maintain a printed copy (hard copy) of all records required apart from the computer storage or storage discs. In using the Online Record Keeping service of the MSR 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.
USER SUBMISSIONS
You agree that any submissions you make to the site may be edited, removed, modified, published, transmitted and displayed by the MSR and you waive any rights you may have with respect to such editing or modification. By submitting anything to the site, you grant MSR a perpetual, non-exclusive, worldwide, royalty free, license to the submission to the MSR or any third party the MSR designates to use, copy, transmit, excerpt, publish, distribute, display, create derivative works of, modify or adapt in any form or media the submission. MSR reserves the right to delete, move or edit any of the submissions in its sole discretion.
REPRESENTATIONS AND WARRANTIES
You represent and warrant that any materials of any kind that you submit to this site are owned by you, will not (a) violate or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or propriety rights; or (b) contain any libelous or otherwise unlawful material.
INDEMNIFICATION
You understand and agree that you are personally responsible for your behavior on the site. You agree to indemnify, defend and hold harmless MSR, its affiliates, employees, agents and any third party providers to the site, service or content from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting or arising out of your use, misuse, or inability to use the site, the service or the content, or any violation of the Terms of Use or any breach by you or any user of your account of any of your representations and warranties.
DISCLAIMER OF WARRANTIES
THE MSR MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE SITE, THE SERVICE OR THE CONTENT. MSR 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. MSR 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. MSR 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.
LIMITATION OF LIABILITY
IN NO EVENT WILL THE MSR BE LIABLE FOR ANY DAMAGES 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, 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 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, OR THE CONTENT, EVEN IF THE MSR HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THE SITE, THE SERVICE, THE CONTENT, OR THE TERMS OF USE, 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, MSR’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW.
ARBITRATION
YOU AGREE THAT ANY CAUSE OF ACTION, CONTROVERSY OR CLAIM ARISING OUT OF OR RELATED TO THE USE OF THIS SITE, SERVICE OR CONTENT BETWEEN THE MSR AND YOURSELF OR AS TO THE CONSTRUCTION, INTERPRETATION AND EFFECT OF THIS AGREEMENT SHALL BE SETTLED BY ARBITRATION PURSUANT TO THE APPLICABLE RULES OF THE AMERICAN ARBITRATION ASSOCIATION. HOWEVER, PRIOR TO ARBITRATION ALL APPLICABLE MSR BYLAWS, RULES, REGULATIONS AND PROCEDURES MUST FIRST BE FOLLOWED AS SET FORTH IN THE MSR CHARTER AND BYLAWS, RULES, REGULATIONS, PUBLISHED POLICIES AND GUIDELINES.
Dated: 01/07/2018