TERMS

Terms of Use

Last Revised: February 24, 2011

AMK9.com is the Web site (“Site”) of American K-9 Detection Services, LLC (“AMK9”). When we use the terms “we”, “us”, or “our”, we are referring to AMK9 (collectively “Our Company”).

Use of the Site

PLEASE CAREFULLY REVIEW THE TERMS OF USE OF THIS SITE AND THE TERMS OF OUR PRIVACY STATEMENT BEFORE USING THIS SITE OR SERVICES FROM OUR SITE.

By using this Site, including downloading or accessing Materials or otherwise using the Services, you agree to be bound by, and acknowledge your acceptance of these Terms of Use. From time to time, we may update these Terms of Use. We encourage you to periodically review these terms for any material changes. You agree to be bound by all of the provisions of these Terms of Use that are displayed on the Site on the date you use the Site and/or any part of the Service. Your use of the Site, and/or any part of the Service, indicates your acceptance of all of the provisions of these Terms of Use that are displayed on the Site on the date of such use.

Description of Site and the Service

We may provide, through the Site, Services that include without limitation the:

(a) display, performance, provision, and use of: information such as educational, promotional, product, pricing, marketing or other valuable information (“Information”); copyrighted works, photographs, text, music, video, sound, graphics, messages, and other Materials, including Our Materials and Third Party Materials (“Content”); and our and Third Parties’ Trademarks;

(b) interactive communication through media; and

You can contact us about this Site or about accessing and changing any personal information you provide at this Site through contact information contained on the Site.

Ownership of Intellectual Property

We use names, marks, brands, design marks, slogans, logos, designs, trade dress, and trade names on the Site or with the Service “Our Trademarks”. We own all Trademarks, the content, and other information displayed and posted on, contained in, and/or provided in connection with, the Site and/or the Service (collectively, “Our Materials). Also, third parties have allowed us to post or use their materials and trademarks on Site (“Third Party Materials”). We refer to Our Materials and Third Party Materials collectively as the “Materials”.

Materials contained on the Site may be copyrighted materials of AMK9.

We exclusively own, or have the right to use or license, all intellectual property in the Materials, proprietary information and know-how used with the Site and Services. We may maintain all of the web pages of the Site as a collective work under the United States copyright laws and protect the Site and Materials under others’ trademark and other intellectual property laws. By using or accessing the Site or Services, you do not acquire any rights or interest in any Materials. The only rights you can gain are those we explicitly grant to you through these Terms of Use. We reserve all rights that
we do not expressly grant to you.

You agree not to display, use (including co-branding your owns goods or services with our Trademark), remove, or alter our or Third Party trademarks, content or other information without prior written consent. You also agree that any use by you, or on your behalf, of our trademarks, and the goodwill associated therewith, shall insure to our benefit.

Restriction on Use of Site Information

Your use of the Site is strictly and exclusively limited to personal, non-commercial use. Your use is also subject to our and third party intellectual property rights. Except as expressly authorized in these Terms of Use, you agree that:

You will not reproduce, edit, modify, rent, license, sell, distribute, mirror, republish, download, transmit, or create derivative works from any Materials displayed on, or made available through the Site, or in connection with the Service, in whole or in part, by any means now known or later developed;
You will not modify, decompile, or reverse engineer any part of the software;
You will not copy, post, or transmit any Materials that you receive from, access, or retrieve from, the Site or through the Service, to any server, or network of computers;
You will not remove or modify any copyright or trademark notice, or other notice of ownership, displayed on, or affixed to, any Materials, including any copies of the Licensed Materials that you download and/or distribute; and
You will not frame the Site within a mark other than that of AMK9.

Any authorized uses of Our Materials which are found to be copyrighted, including any authorized reproduction, transmission, broadcast, or adaptations permitted under these Terms of Use, must contain the following Copyright notice:

All other copyright notices and trademark notices should be maintained and displayed, as displayed on the Site or on the relevant work, or as otherwise instructed by us.

Personal Information and Privacy

As a user of the Site, you can visit certain areas of the Site without revealing any information about yourself. In other parts of Our Site, you may be required to provide information. Any information you provide to the Site is referred to as “Registration Data”. We encourage you not to use, submit or provide any personal or sensitive information beyond what is requested or required for your transactions with us. We shall have no responsibility for use, misuse, loss or alteration of any information (including Registration Data) provided by you.

You agree to provide true, accurate, current and complete information about yourself in Registration Data or other data and materials you provide. It is your responsibility to maintain the security of all passwords, user identification data, and other unique identifiers established in connection with your use of any part of the Site and/or the Service, including any Forum (defined below).

Any Registration Data and certain other information about you that we obtain from you through use of the Site are subject to our Privacy Statement. For more information, see our full Privacy Statement.

We are concerned about the safety and privacy of all of our Site’s users, particularly children. This Site is not directed or targeted to children.

Rules of Use

No Virus or Disabling Software. You agree not to post or distribute any software or other materials that contain a virus, worm, trojan horse or other harmful or disabling code or component;

No Interference with the Site or Service. You agree not to interfere with, or disrupt, the operation of the Site and/or the Service, or with servers or networks connected to, or used in connection with the operation of the Site.

Obey Requirements. You agree not to disobey any requirements, procedures, policies or regulations established by the owners or operators of any networks, hardware, or software connected to, or used in connection with the operation of the Site, or any requirement that we post on the Site.

Disclaimers

YOUR USE OF THE SITE, THE SERVICE, ALL CONTENT, ALL INFORMATION, AND ALL MATERIALS ARE OFFERED ON AN “AS IS” BASIS, “WITH ALL FAULTS,” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THE SITE, ALL INFORMATION, CONTENT, MATERIALS, THE SOFTWARE, AND THE SERVICE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY INTELLECTUAL PROPERTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE AND/OR THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT DEFECTS OR ERRORS WILL BE CORRECTED PROMPTLY OR AT ALL; AND/OR THAT ANY OF THE SITE, INFORMATION, CONTENT, MATERIALS, THE SERVICE (AND/OR ANY SOFTWARE, SERVER, COMPUTER, HARDWARE, OR NETWORK RELATING TO THE OPERATION, OR HOSTING OF, ANY OF THE FOREGOING) WILL BE FREE OF VIRUSES, ERRORS, OR HARMFUL COMPONENTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ASSUME NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY, OR FAILURE TO STORE ANY COMMUNICATIONS OR MATERIALS POSTED ON OUR SITE OR IN ANY FORUM.

WE EXPRESSLY DISCLAIM ANY WARRANTIES, REPRESENTATIONS, OR RESPONSIBILITY FOR THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, AND MATERIALS CONTAINED, DISPLAYED, OR POSTED ON THE SITE OR OTHERWISE AVAILABLE THROUGH OUR SITE, OR ON SITES THAT LINK TO OR FROM THE SITE. ALL SUCH INFORMATION, CONTENT, AND MATERIALS ARE SUBJECT TO CHANGE WITHOUT NOTICE. WE DO NOT WARRANT, OR MAKE ANY REPRESENTATIONS WITH RESPECT TO, THE USE, OR THE RESULTS THAT MAY BE ACHIEVED THROUGH SUCH USE, OF THE SITE, ANY PART OF THE SERVICE, AND/OR ANY INFORMATION, CONTENT, AND/OR MATERIALS.

AT ANY TIME AND WITHOUT NOTICE, WE MAY, FOR ANY REASON WHATSOEVER AND WITHOUT INCURRING ANY LIABILITY OR OBLIGATION TO YOU OR ANY OTHER PARTY, TERMINATE OR SUSPEND THE DISPLAY, OPERATION, AND/OR PROVISION OF (A) THE-SITE (OR ANY PART THEREOF, INCLUDING ANY CONTENT, INFORMATION, AND/OR MATERIALS); (B) ANY PART OF THE SERVICE; AND/OR (C) YOUR ACCESS TO THE SITE OR ANY PART OF THE SERVICE.

WHILE WE WILL MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE, ACCURATE, AND COMPLETE OR THAT OUR SITE CONTAINS ALL OF THE RELEVANT INFORMATION AVAILABLE.

Liability Limitation

IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OF, OR INABILITY TO USE, ANY OF OUR SITE, ANY INFORMATION, ANY CONTENT, ANY MATERIALS, AND/OR THE SERVICE, OR ANY PART THEREOF, EVEN IF WE HAVE BEEN EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHEHTER IN CONTRACT, TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR USING ANY OF THE SITE AND/OR FOR USING THE SERVICE OR ANY PART THEREOF. IF YOU ARE DISSATISFIED WITH ANY ASPECT OF THE SITE AND/OR SERVICE, IF YOU DO NOT AGREE WITH ANY PROVISION OF THESE TERMS OF USE, OR IF YOU HAVE ANY OTHER DISPUTE OR CLAIM, WITH OR AGAINST OUR COMPANY WITH RESPECT TO THESE TERMS OF USE OF ANY OF THE SITE OR ANY PART OF THE SERVICE, THEN YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND/OR USING THE SITE AND/OR THE SERVICE.

Indemnification

You agree to defend, indemnify, and hold harmless AMK9, any past, present, or future affiliated entities and any other party involved in creating, producing, or delivering the Site, and their respective directors, officers, employees, agents, shareholders, licensors, and representatives, from and against all claims, losses, costs, and expenses (including without limitation lawyers’ fees) arising out of (a) your use of, or activities in connection with, the Site, the Services or the Software; (b) any violation of these Terms of Use by you or through your account; or (c) any allegation that any submission or user content that you make available or create through the Site, the Services, or the software infringes or otherwise violates the copyright, trademark, trade secret, privacy, or other intellectual property or other rights of any third party.

Notice of Claims of Copyright Infringement

We are committed to respecting the intellectual property rights of other parties, and we ask you, and the other users of our Site and the Service, to do the same. Pursuant to Title 17, United States Code, Sections 512(c)(2) and (3), notifications of claimed copyright infringement for materials displayed, or available, on any of the Site should be sent to Our Company’s Designated Agent. Our Company’s Designated Agent is:

Department of Corporate and Legal Affairs
American K-9 Detection Services, LLC
735 Primera Blvd., Suite 215
Lake Mary, Florida 32746

Termination

You agree that AMK9, in its sole discretion, may terminate your access to or use of the Site and the Services, at any time and for any reason, including without limitation if AMK9 believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Use. Upon any such termination, your right to use the Site and the Services will immediately cease. You agree that any termination of your access to or use of the Site may be effected without prior notice, and that AMK9 may immediately de-activate or delete your account and password, and all related information and files associated with it, and/or bar any further access to such information or files.

You agree that neither AMK9 nor any past, present, or future affiliated entities will be liable to you or any third party for any termination of your access to the Site or to any such information or files, or will be required to make such information or files available to you after any such termination.

General Provisions

You acknowledge and agree that the unauthorized use of our Site, information, content, Materials, and/or any part of the Service could cause irreparable harm to us and/or organizations or individuals that may be associated with us worldwide. Accordingly, you agree that in the event of any unauthorized use of our Site, any information, content, Materials, and/or any part of the Service, we shall be entitled to obtain an injunction proscribing such unauthorized use, without the necessity to post bond, and in addition to any other remedies available at law or in equity.

These Terms of Use shall be governed by, and construed in accordance with, the laws of the State of Florida, without giving any effect to any principles of conflicts of law. You agree that any action at law or in equity, and/or any claim arising out of or relating to these Terms of Use, our Site, the Service, and/or your access, and/or use, of any of our Site or the Service, shall lie solely and exclusively in the U.S. Federal Courts in the Middle District of Florida, Orlando Division or, when appropriate, in the State Circuit Court in and for Seminole County, Florida. You hereby consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action or claim. These Terms of Use, as may be amended by us from time to time, constitute our entire agreement with respect to your use of any of our the Site and the Service. These Terms of Use supersede all prior agreements, understandings and representations between us with respect to your use of the Site and the Service. You cannot amend or alter the terms of these Terms of Use.

These Terms of Use, including the License, are personal to you, and neither can be assigned by you. You agree not to allow any other person to access and/or use any of the Site or the Service unless such other person agrees to be bound all of the provisions of these Terms of Use. You further agree to assume all responsibility and liability arising from any third party access to, or use of, any of the Site and/or the Service (a) using, or under, any of your accounts, or any of your passwords; and (b) that you permit, knowing that such third party has not agreed to be bound by all of the provisions of these Terms of Use.

If any provision of these Terms of Use is finally found by a court of competent jurisdiction to be void, invalid, unenforceable, or otherwise contrary to law or equity, the remaining provisions of these Terms of Use that can be given effect without such void or unenforceable term or provision, shall be given full effect and binding on the parties.

Although this Site is accessible worldwide, not all services discussed or referenced in this website are available to all persons or in all geographic locations or jurisdictions. We reserve the right to limit the availability of this Site and/or the provision of any service to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion.

TERMS

Contact Us

American K-9 Detection Services, LLC