TERMS AND CONDITIONS

This Agreement was last revised on October 01st, 2023.

I.   OUR INTRODUCTION

Welcome to www.4ekennels.com, the online platform owned and operated by 4E KENNELS ("we," "us," or "our").

Your utilization of our services via our "Website" (as defined below) is subject to the following Terms outlined in this agreement. We retain the right to periodically revise these Terms, with or without prior notice, as described herein. By accessing and using this Website, you affirm that you have reviewed, understood, and agree to be legally bound by these terms and conditions, as well as our Privacy Policy, which is hereby incorporated by reference (collectively referred to as this "Agreement"). If you do not agree with any of these terms, we kindly request that you refrain from using the Website.

II.  DEFINITIONS

• "Agreement" pertains to these Terms and Conditions, the Privacy Policy, and any other documents supplied to you by the Website.
• "Service" or "Services" encompasses any service described below, which we may offer, and which you may request through our Website.
• "User," "You," and "your" denote the individual who is visiting or accessing our services.
• "We," "us," and "our" designate 4E KENNELS.
• "Website" encompasses "https://4ekennels.com," and any future Website or affiliated sites.
• "User Account" denotes an electronic account created by the user on the Platform to access services provided through the Website.

III.  INTERPRETATION

• When singular terms are used, they encompass the plural, and vice versa. The term "includes" should be understood as "including but not limited to."
• Gender-specific words are inclusive of all genders.
• Any mention of a statute, ordinance, or law includes all associated regulations, instruments, consolidations, amendments, re-enactments, or replacements currently in effect.
• Headings, bold text, and italics (if present) are included for reference convenience only and do not set boundaries, restrictions, or modify the meaning or interpretation of the terms in this Agreement.

IV.  COMMITMENT AND SCOPE

• Scope. These Terms pertain to your utilization of the Website and the Services. Unless otherwise stated, these Terms do not encompass Third-Party Products or Services, as they are subject to their respective terms of service.
• Eligibility: Our services are not accessible to individuals under the age of 18. If you are below 18 years of age, please obtain consent from your parents/guardians before using our website and services. Additionally, our services are unavailable to users who have been suspended or removed from our system for any reason.
• Electronic Communication:While using this Website or sending emails and other electronic correspondence from your desktop or mobile device to us, you are engaging in electronic communication. By sending such communications, you consent to receiving responses electronically in the same format, and you may retain copies of these communications for your records.

V.   OUR SERVICES

At 4E Kennels, we embody a community grounded in transparency and support, placing paramount value on the experience we create for our esteemed buyers.

Our founder, Jeanette, is the visionary behind the Empowered Puppy Curriculum and Evaluations. Her dedication is singular - nurturing puppies to believe in their capabilities while honoring their unique qualities. Through nationally recognized puppy evaluations, these young companions are given a voice in their placements. Our commitment to transparency means you'll have access to comprehensive information through videos and a personalized puppy placement compatibility report. We want to ensure that you find the perfect match to meet your needs and desires.

VI.  MODIFICATIONS TO THE SERVICE

We have the authority to modify, adjust, add, or remove elements (referred to as 'Changes') from the Terms whenever we find it appropriate. You will be notified of these Changes by means of a revised version of the Terms that includes the aforementioned modifications posted on our Website.

VII. REGISTRATION INFORMATION

If you opt to visit this Website without disclosing your identity, there is no necessity to create a username. However, in order to access specific Resources, you may be required to furnish certain details and establish an account by generating a user ID and password.

By doing so, you affirm the accuracy of the information provided during the account setup process and agree to keep this information up to date. Safeguarding the security of all your usernames, passwords, and registration particulars, including distinctive account identifiers and historical billing data, is your responsibility. You bear full responsibility for any use, whether authorized or unauthorized, of your accounts. In the event of any unauthorized activity or security breaches concerning your accounts, it is mandatory to promptly inform us. We maintain the discretion to suspend or terminate any of your usernames and passwords at any time, with or without prior notice.

VIII.  PET ADOPTION AND SALE AGREEMENT

This Pet Adoption and Sale Agreement governs the process of adopting or purchasing a pet through 4E Kennels' website. By using our services, you agree to adhere to the terms outlined herein. When adopting or purchasing a pet, you acknowledge that all fees, including adoption or purchase fees, must be paid in full before the pet is released to you. We provide health guarantees for our pets, and any claims related to the pet's health should be made within the specified timeframe as per our Health Guarantee Policy. You, as the buyer, are responsible for the ongoing care, welfare, and licensing of the pet in compliance with local regulations.

IX.    RESERVATION POLICY

Our Reservation Policy pertains to the reservation of a puppy (current or forthcoming) through our website. To make a reservation, you must provide accurate information, including the desired dates and the type of service required. We require a reservation at the time of reservation, and this fee is NON refundable according to our cancellation policy that you electronically sign. We breed to meet the needs of our master list and take your reservation fee as a sign of good faith you do in fact want a puppy. 

X.    USER SUBMISSION

1. Content Responsibility.

When you use 4ekennels.com you agree to adhere to the content guidelines listed in our terms of services and privacy policies. You are solely responsible for the content submitted to you. You represent that you have required permission to use the content.

Please do not use content that:

• contains ill-mannered, profane, abusive, racist, or hateful language or expressions, text, photographs, or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;
• is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;
• violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;
• discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;
• violates or inappropriately encourages the violation of any municipal, state, federal, or international law, rule, regulation, or ordinance;
• uses or attempts to use another's account, password, service, or system except as expressly permitted by the Terms of Use uploads or transmits viruses or other harmful, disruptive, or destructive files;
• sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;
• Information or data which are unlawfully obtained.

Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to our services without advanced notice.

XII.   PAYMENT

• Payment Methods: The website ("4ekennels.com") accepts payments through various methods, including credit cards, debit cards, and other online payment options. The specific payment methods available may vary depending on your location and the nature of the transaction.
• Payment Authorization: By providing your payment information, you authorize the website to charge the specified amount for the services or products you intend to purchase. You also confirm that you are the rightful owner of the payment method or have obtained proper authorization to use it.
• Billing Information: You are responsible for providing accurate billing and contact information. Any inaccuracies in this information may result in a delay in processing your order or the inability to complete a transaction.
• Payment Verification: In certain cases, the website may request additional information or verification of your identity before processing a payment. Failure to provide the required verification may lead to the cancellation of the transaction.
• Currency: All transactions on the website are conducted in the currency specified at the time of purchase. You are responsible for any currency conversion fees that may be applied by your payment provider.
• Payment Confirmation: Upon successful payment, you will receive a confirmation email or notification. This confirmation serves as proof of payment and should be retained for your records.
• Refunds and Returns: The website's refund and return policy, if applicable, can be found in a separate section. Please review this policy to understand the conditions under which refunds or returns are accepted.
• Payment Security: The website takes the security of your payment information seriously. We employ industry-standard encryption and security measures to protect your data during transmission and storage. However, please be aware that no online transaction is entirely free of risk, and you should use secure and trusted networks and devices when making payments.
• Payment Disputes: If you believe there has been an unauthorized or incorrect charge on your account, please contact us promptly to resolve the issue. We will investigate the matter and take appropriate action to address any discrepancies.
• Policy Changes: The Payment Policy may be updated or revised from time to time. Any changes will be posted on the website, and your continued use of our services implies acceptance of the revised policy. Please review this policy periodically to stay informed of any updates.

By using our payment services on the website, you agree to comply with the terms and conditions outlined in this Payment and Billing clause. If you have any questions or concerns regarding payments, please contact our customer support team for assistance.

XIII.    REFUND AND RETURN POLICY

Our Refund and Return Policy applies to  purchase of pets from 4E Kennels. If you choose to purchase a pet through our website, please review this policy carefully. Refunds may be available under specific circumstances and are subject to certain conditions. If you find it necessary to return a pet, our policy outlines the process and any associated fees. We are committed to addressing any concerns you may have regarding your purchased pet promptly and fairly. We stand behind every dog we produce and understand things change. We will take back any puppy/dog but a refund is subject to age and condition of said puppy/dog. 

XIV.   GEOGRAPHIC RESTRICTION

We retain the authority to restrict the utilization or provision of any service to individuals, specific geographic regions, or jurisdictions as required. We may exercise this right as needed. Additionally, we hold the prerogative to suspend any Service at our discretion. Please note that any offer to render a Service on our Website is null and void in areas where it is prohibited.

XV.     RESPONSIBLE PET OWNERSHIP

At 4E Kennels, we promote Responsible Pet Ownership. As a pet owner, you are responsible for the well-being of your pet, including providing proper care, nutrition, and a safe environment. It is your responsibility to comply with all local laws and regulations related to pet ownership, including licensing, leash laws, and waste disposal. Additionally, we encourage pet owners to consider spaying or neutering their pets, as well as microchipping, to help ensure the safety and well-being of their furry companions.

XVI.   GENERAL CONDITIONS

• We do not warrant the accuracy, completeness, validity, or timeliness of the information presented by us.
• In the event of significant alterations to these terms and conditions, we may notify you either by prominently displaying a notice of such changes or through email communication.
• The Website is licensed to you under limited, non-exclusive, non-transferable, and non-sublicensable terms, exclusively for use in connection with the Service for your personal, non-resaleable purposes. This usage is subject to all the terms and conditions outlined in this Agreement as they pertain to the Service.
• You are prohibited from impersonating any individual or entity or using a false name or one for which you lack the necessary authorization.
• You are not permitted to post material on the 4ekennels.com Website if the copyright or intellectual property belongs to another person or entity.
• We retain the right to modify prices without prior notice. Any services commissioned from our website prior to a price change will not be subject to an increase. However, subsequent commissions may be subject to revised prices.
• We are not accountable for your use of the services or for the actions of other users with whom you may share information or have interactions.
• We do not perform criminal or other background checks on our users. We do not verify the information provided by users regarding their identity or other details.
• We are not liable for the activities or legal repercussions of your usage in areas that may seek to criminalize or restrict your interactions. It is your responsibility to make informed decisions regarding the use of the website in your location and to consider any potential adverse consequences.

XVII. RELEASE

We possess the discretion to limit the use or delivery of any service to specific individuals, geographic areas, or jurisdictions as required. This discretion can be exercised as deemed necessary. Additionally, we reserve the right to suspend any service at our own discretion. It is important to note that any offers to provide services on our website are not valid in areas where such offers are prohibited.

XVIII.  PRIVACY OF CUSTOMER INFORMATION

Protecting your privacy is essential to us. Our Privacy of Customer Information clause outlines how your personal and financial information is collected, stored, and safeguarded on our website. We adhere to strict privacy standards and utilize secure methods to protect your data. For more comprehensive information on how we handle your information, please refer to our Privacy Policy, which is incorporated into this agreement. We are committed to maintaining the confidentiality of your data and complying with applicable privacy laws and regulations.

XIX.    USER RESPONSIBILITIES

• You shall use the Service for a lawful purpose and comply with all the applicable laws;
• You shall not use or access the Website for collecting any market research for some competing business;
• You shall not use any virus or hacking tool for interfering in the operation of the Website or data and files of the Website;
• You will not use any device, scraper, or any automated thing to access our Website for any means without taking permission.
• You will inform us about anything that is inappropriate or  you can inform us if you find something illegal;
• You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;
• You will not take any action that levies or may levy (in our sole decision) an unreasonable or unreasonably big load on our technical arrangement; and
• You will let us know about unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

XX.     EXCLUSION OF LIABILITY

4E KENNELS cannot be held responsible for the actions of users, whether within or beyond the confines of the 4ekennels.com website. We bear no liability for any form of loss or damage experienced by users while utilizing the website, including but not limited to data loss, financial setbacks, or physical harm.

You acknowledge and consent to the following:

(a) We do not guarantee the accuracy, completeness, validity, or timeliness of information provided by us or third parties.

(b) We are not accountable for any content posted by us or third parties. It is your responsibility to exercise sound judgment, caution, and common sense when assessing potential methods, offers, and information presented by us or third parties.

Under no circumstances shall 4E KENNELS, its owners, directors, employees, partners, agents, suppliers, or affiliates be held liable for indirect, incidental, special, consequential, or exemplary damages. This encompasses, without limitation, losses such as profits, data, usage, goodwill, or other intangible assets arising from:

(i) Your use of, or inability to access or use, the Service.

(ii) The conduct or content of third parties on the Service.

(iii) Content obtained from the Service.

(iv) Unauthorized access, use, or alteration of your transmissions or content, regardless of whether the claim is based on warranty, contract, tort (including negligence), or any other legal theory, even if we have been informed of the potential for such damages. This applies even if a remedy outlined herein is found to have fallen short of its fundamental purpose.

XVI.   NO RESPONSIBILITY

We do not hold responsibility for the following:

• Any losses incurred due to the inaccuracy or incompleteness of the information you provide on our website.
• Any losses resulting from your inability to access our website at any given time.
• Any errors or omissions present on our website.
• Any unauthorized access or loss of personal information that falls outside of our control.

XXII. THIRD-PARTY LINKS

We may incorporate links to external or third-party websites ("External Sites") for your convenience. These links are presented purely as a convenience and should not be construed as an endorsement by us of the content available on these External Sites. The content on these External Sites is generated and managed by third parties. If you opt to visit these External Sites, you should directly contact the site administrator of those External Sites.

We do not assume responsibility for the content provided on linked External Sites and do not provide any guarantees regarding the content or the accuracy of the information available on such External Sites. It is essential to exercise caution when downloading files from these External Sites to safeguard your computer from viruses and other potentially harmful programs. If you choose to access linked External Sites, you do so at your own discretion and risk.

XXIII.   PERSONAL INFORMATION AND PRIVACY POLICY

When you access or utilize the Website, you grant us permission to utilize, store, or otherwise handle your personal information in accordance with our Privacy Policy.

XXIV.   ERRORS, INACCURACIES, AND OMISSIONS

We have taken all possible measures to ensure the accuracy of the information presented on our website and apologize for any inadvertent errors or omissions. Nevertheless, we cannot assure that the use of the website will be devoid of errors or entirely suitable for your specific intended purpose. We do not guarantee the correction of defects or the absence of viruses or bugs on the website and its server. We do not provide any warranties, whether explicit or implied, pertaining to fitness for a particular purpose or the accuracy and reliability of the website.

XXV. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

Our website and the services it provides are offered on an "as is" and "as available" basis, and we do not provide any warranties, including the warranty of error-free operation or the absence of viruses or similar harmful elements in the website, its servers, content, or services.

We explicitly disclaim all warranties, whether expressed or implied, including but not limited to warranties of title, merchantability, non-infringement of third-party rights, and fitness for a particular purpose. We also disclaim any warranties that may arise from a course of dealing, performance, or trade usage. Regarding any claims related to warranties, contracts, or common law torts: (i) we shall not be held liable for any incidental, consequential, or substantial damages, such as lost profits or damages resulting from data loss or business interruption due to the use or inability to access and utilize the website or its content, even if we have been informed of the potential for such damages.

The website may contain technical inaccuracies, typographical errors, or omissions. Except as required by applicable laws, we are not responsible for any typographical, technical, or pricing errors discovered on the website. Furthermore, certain services mentioned on the website may not be available in all locations. The reference to a service on the website does not imply its availability in your location. We maintain the right to implement changes, corrections, and enhancements to the website at any time without prior notification.

XXVI.  COPYRIGHT AND TRADEMARK

The Website comprises materials, including but not limited to software, text, graphics, images, designs, sound recordings, audiovisual works, and other content provided either directly by us or on our behalf (collectively referred to as the 'Content'). Ownership of the Content may belong to us or third parties. Unauthorized use of the Content may infringe upon copyright, trademark, and other legal regulations. You do not possess any ownership rights in or to the Content, and you may only utilize the Content in accordance with this Agreement. Any other utilization necessitates our prior written consent. You are required to retain all copyright and other proprietary notices found in the original Content on any duplicates you create.

You are prohibited from transferring, licensing, sublicensing, selling, altering, reproducing, displaying, publicly performing, generating derivative works from, distributing, or employing the Content for public or commercial purposes. The posting or utilization of the Content on any other website or within a networked computer environment for any purpose is strictly forbidden.

Should you breach any part of this Agreement, your authorization to access and use the Content and the Website will automatically terminate, and you must promptly erase any copies of the Content you have generated.

Our registered and unregistered trademarks, service marks, and logos exhibited on the Website are our exclusive property. Other product and service names present on the Website may be trademarks or service marks owned by third parties (collectively known as 'Third-Party Trademarks,' in addition to our 'Trademarks'). Nothing on the Website should be construed as granting, implicitly or explicitly, any license or entitlement to use the Trademarks without our explicit prior written consent for each specific use. Reproduction of any of the Content is prohibited without our express written consent for each individual instance.

XXVII.    INDEMNIFICATION

You commit to indemnify, defend, and shield us, along with our officers, directors, employees, successors, and licensees, from any claims, actions, or demands, including but not limited to reasonable legal and accounting costs, that arise due to your breach of this Agreement or your improper utilization of the Content or the Website. We will promptly inform you of any such claim, lawsuit, or legal proceeding and will offer support, at your expense, to help in your defense. We maintain the right, at your expense, to assume exclusive control and defense of any matter that falls under indemnification in this section. In such a situation, you consent to collaborating with our reasonable requests to assist in our defense of the matter.

XXVIII.    MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter contained in this Agreement.

DISPUTE RESOLUTION

If a dispute arises between you and the website www.4ekennels.com, our goal is to resolve such a dispute quickly and cost-effectively. Accordingly, you and the website agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") in accordance with this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Student Service.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed in accordance with the law of the United States of America without giving effect to any principles of conflicts of law. The courts of the United States of America shall have exclusive jurisdiction over any dispute arising from the use of the Website.

FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure us to perform its obligations under these Terms in the event that such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including our holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at 4ekennels@gmail.com