Terms of Service 

Breeder Designs maintains this site for information and communication purposes. This webpage contains the Terms of Use governing your access to and use of https://breederdesigns.com (hereinafter the “Website”). If you do not accept these Terms of Use or you do not meet or comply with their provisions, you may not use the Site. Such access and all related hardware, software, and services costs are your sole responsibility and you hereby release Breeder Designs from any liability for any errors, failures or malfunctions of all such hardware, software and/or services.

Before you may obtain services through this Website, you must read, agree with, and accept all of the terms and conditions contained in this Agreement and the Privacy Policy, which includes by reference those terms and conditions expressly set out below.

By your use of this site you agree that:

  1. You are at least eighteen years old, and
  2. You have read, and fully understand and agree to abide by this Agreement and the documents it incorporates by reference,
  3. You intend to form a legally binding contract by utilizing or viewing this site, and
  4. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT.

If you do not agree to be bound by the terms and conditions of this Agreement, please do not use or request our services through this website or any other medium.

Within Breeder Designs’ sole discretion these terms are subject to amendment, change, modification, revision, or termination at any time without advance notice to you. Any and all such changes shall be immediately effective at the time they are posted on the Site and it is your (the user’s) duty to maintain through the Site, your familiarity with these terms and conditions as they change over time.

  1. Information and Privacy User Conduct:

Breeder Designs is strongly committed to protecting your privacy and has implemented a comprehensive privacy policy. Breeder Designs does not disclose or release personal or financial information about you except what is necessary to process your request for assistance. The Breeder Designs website uses cookies, tracking pixels and related technologies. Cookies are small data files that are stored on your device. Our site uses cookies dropped by us or third parties for a variety of purposes including to operate and personalize the website. Also, cookies may also be used to track how you use the site to target ads to you on other websites.

  1. User Conduct:

You agree not to post on the Website any content that (a) is libelous, defamatory, obscene, pornographic, abusive, harassing, or threatening, (b) contains viruses or other contaminating or destructive features, (c) violates the rights of others, including protections of copyright, trademark, patent, trade secrets, or any right of privacy or publicity, or (d) otherwise violates any applicable law.  You will not post on this Website any links to any external Internet sites that are obscene or pornographic.  Any information that you provide to Breeder Designs must be true, complete, and accurate, must not represent you as someone else or falsely identify any third party, and must not violate any law, statute, ordinance, or regulation.

  1. Copyright/Restrictions on Use of Material

The site(s), the software used with the site, and all content such as computer code, text, graphics, site-images, etc., along with the collection, arrangement, and assembly of such, are the exclusive intellectual property of Breeder Designs, or its affiliates, and is protected by both United States and international intellectual property laws; specifically, copyright, trademark/service mark, trade secret, trade dress, patent, and/or other proprietary rights and laws.

Breeder Designs grants to you only a limited, non-exclusive, non-transferable, non-assignable license to use the intellectual property on the site solely for the purposes of viewing the site. Except as expressly provided herein, you may not use, reproduce, modify, transmit, distribute, or publicly display or operate this Website without the prior written permission of Breeder Designs. You may not use a part of this Website on any other website, without Breeder Designs’ prior written consent. You may not sell, resell, de-compile, reverse engineer, disassemble, or otherwise translate any of the software portions of the Site or to a human-readable form. You may not copy, reproduce, republish, upload, post, transmit, or distribute materials from the Site or in any way except as authorized herein or thereon or by other prior written permission from Breeder Designs. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Site or, in whole or in part, nor use any content for any purpose other than that intended, unless previously authorized by us in writing. Any unauthorized use of any material contained in the Site is strictly prohibited.

Breeder Designs respects the intellectual property rights of others and expects our users to do the same. The policy of Breeder Designs is to terminate the accounts of repeat copyright offenders and other users who infringe upon the intellectual property rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us at OfficialBreederDesigns@gmail.com.

  1. No Unlawful Or Prohibited Use

As a condition of your use of the Website, you warrant to BREEDER DESIGNS that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Website in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

  1. Spamming

Gathering email addresses from BREEDER DESIGNS through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with BREEDER DESIGNS should be directed to: OfficialBreederDesigns@gmail.com.

  1. Trademarks, Service Marks, Logos, Corporate Identifications Protected

All trademarks, service marks, logos, or other corporate identifications (collectively “Marks”) on this Website are trademarks or service marks of BREEDER DESIGNS.  User agrees not to use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Marks in any way. The use of these Marks on or as a link to any other website is strictly prohibited without prior written approval by BREEDER DESIGNS.

  1. Links

This Website contains links to third party sites. User accesses these sites at User’s own risk; the Website is not responsible for the contents, changes, updates, or other links contained in a linked site. BREEDER DESIGNS provides these links merely as a convenience, and the inclusion of such links does not imply an endorsement by the Website or the URL of the site.

Any third party desiring to link to the Website must link to the Website’s homepage located at https://BreederDesigns.com. No one may link to any other page of this Website without the prior written consent of BREEDER DESIGNS.

You may not link to this Website without BREEDER DESIGNS’s written permission. If you are interested in linking to this Website, please contact OfficialBreederDesigns@gmail.com.

  1. General Disclaimer

Although BREEDER DESIGNS has made reasonable efforts to place accurate information on this Website, BREEDER DESIGNS assumes no responsibility for the accuracy of the information. BREEDER DESIGNS PROVIDES THIS WEBSITE CONTENT “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT ALLOWED BY LAW. FURTHER, ANY EDUCATIONAL MATERIAL, SEMINAR MATERIAL, OR ANY OTHER REFERENCE IS PROVIDED “AS IS” WHERE IS AND BREEDER DESIGNS FURTHER DISCLAIMS ALL OTHER WARRANTIES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OR THE CURRENT ACCURACY OF EDUCATIONAL OR OTHER MATERIAL AS BEING CURRENT INFORMATION OR INFORMATION THAT MAY BE RELIED ON TO MAKE BUSINESS OR OTHER DECISIONS BREEDER DESIGNS DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE FUNCTIONS CONTAINED IN THIS SITE OR ITS CONTENT OR THAT THE WEBSITE  OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

  1. Limitation of Liability

BREEDER DESIGNS SHALL NOT BE LIABLE FOR DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THIS SITE, FOR EDUCATIONAL MATERIAL SOLD OR DISTRIBUTED ON THIS SITE OR AS CONTAINED IN SEMINARS OR EDUCATIONAL CLASSES PROVIDED AT THIRD-PARTY LOCATIONS WHETHER OR NOT BREEDER DESIGNS HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES. THIS INCLUDES DAMAGES FOR NEGLIGENCE OR GROSS NEGLIGENCE. WE ARE NOT TO BE HELD LIABLE FOR ANY LOSS RESULTING FROM ANY WEBSITE OUTAGES OR DOWNTIME DUE TO UNFORSEEN SERVER RELATED ISSUES. 

  1. Indemnification

User agrees to indemnify and hold harmless, to the fullest extent allowed by law, BREEDER DESIGNS, at User’s sole expense, against any claim, action, legal proceeding, damages, liability, settlements, expenses (including attorneys’ fees) and other costs relating to (i) breach of any of these terms by any party; (ii) User’s negligence or misconduct, or (iii) claims that User has infringed the copyright, trademark, trade secret, patent, or other proprietary right of a third party. 

  1. No Partnership or Agency

User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between User and BREEDER DESIGNS as a result of use of the Website.

  1. Limitation Of Liability

BREEDER DESIGNS assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in this Site or your downloading of any materials, data, text, images, video or audio from the site. We are also not responsible for any loss attributed to our failure to provide timely reminders to our users. In no event shall BREEDER DESIGNS or any third party providers or distributors be liable for any injury, loss, claim, damage, or damages, including, but not limited to, any special, exemplary, punitive, indirect, incidental, or consequential damages of any kind, whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this site or content found herein, or (ii) the performance or nonperformance by BREEDER DESIGNS or any third party providers, including, but not limited to, nonperformance resulting from bankruptcy, reorganization, insolvency, dissolution, or liquidation even if such party has been advised of the possibility of damages to such parties or any other party.

  1. Compliance With State And Federal Laws

Use of this Site is governed by all applicable federal, state, and local laws. All information available on this Site is subject to U.S. export control laws and may also be subject to the laws of the country where you reside. BREEDER DESIGNS makes no representation that the Content on this Site is appropriate or available for use in other locations, and access to it from territories where the Content is illegal and prohibited.

  1. Portfolio Use Policy

At BREEDER DESIGNS, we take pride in delivering exceptional web design and graphic design services. We are committed to showcasing our work to prospective clients as a testament to our expertise and creativity. By engaging our services, you agree that any web design or graphic design work completed by BREEDER DESIGNS may be featured in our portfolio and shared on our social media platforms, as well as in social media portfolios, without the need for additional written permission. This includes sharing or displaying mockups of websites that contain content provided by the client. This policy allows us to demonstrate the quality and variety of our projects while respecting the confidentiality of any sensitive or proprietary information. You can trust that we always maintain top-notch professionalism and respect your privacy in all our interactions.

  1. Miscellaneous

BREEDER DESIGNS may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Site or delivering them to you through email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, BREEDER DESIGNS cannot be held liable if we fail to notify you.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

These Terms of Use, including all terms, conditions, and policies that are incorporated into these terms by reference, constitute the entire integrated agreement between you and BREEDER DESIGNS and govern your use of the Site, superseding any prior agreements that you may have with us.

These Terms shall be construed in accordance with the laws of the State of Illinois, County of Saint Clair, and the parties irrevocably consent to bring any action to enforce these Terms before an arbitration panel or before a court of competent jurisdiction in Saint Clair County, Illinois if seeking interim or preliminary relief or enforcement of an arbitration award.

If any part of these Terms is determined to be invalid or unenforceable pursuant to applicable law, 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 Terms shall continue in effect.

CONTACT US:

If you would like to request additional information regarding these Terms of Use, please contact us at OfficialBreederDesigns@gmail.com.

LIABILITY AND REFUND POLICY

Request Procedure

Refunds must be requested by sending an email through our online contact form HERE to be eligible for consideration. Requests received by any other method including social media messaging or a private phone conversation cannot be considered or processed. A request for refund does not serve as an approval of a refund.

Change of Mind

For a change of mind refund request to be considered, it must be received by Breeder Designs within 10 days from the date of purchase. We do not require that you provide a reason for your request; however, your feedback would be appreciated. Change of mind refund requests are granted at the sole discretion of Breeder Designs, and are subject to approval.  All change of mind refund requests must pass the terms and conditions outlined on this document to be eligible for refund consideration.  Change of mind refund requests are granted at our sole discretion. If a change of mind refund request is granted, the client will incur a 50% (fifty) percent processing fee, to cover the costs of refunding financial transactions, expenses incurred from purchasing any products, domains, etc., and time spent on the client project. Change of mind refunds apply only to single purchases. Refunds will be issued within 30 days of refund approval.

Payments/Deposits

Payments and/or deposits on products that have not been used within 60 days will not be refunded.

Annual Maintenance and/or Hosting Package Policy

Breeder Designs annual plans can be canceled at any time, however annual services are not subject to refund. Annual packages do not roll over. Breeder designs reserves the right to change pricing on any and all annual services, effective upon expiration of a service.

Web Design Policy

All website designs, redesigns, and revision requests are initiated and completed on a temporary domain, sub domain, or in a local development environment. Once a design is approved and all financial obligations have been met, the site will be moved to a live environment. Once the site is approved and live, the website is considered complete. No design or development is performed on a live website, except minor design as part of an annual maintenance plan or website package.

Graphic Design Refund Policy

Printed Designs: Any print media design project refunds may only be considered if the project never met production. Once the project has been printed or submitted for print to a printing company there will be no refunds. You may request a refund only in the event that you were unhappy with the product and never approved of the submission. A 20% fee will be charged to cover the cost of produced work and payment processing fees. Additionally, the customer will have to opportunities for revisions before a product is even considered as ready for printing. Printed designs are considered digital designs until they are approved for printing.

Digital Designs: Digital designs will have 3 revisions. Initial design details will be provided by the client. No refunds will be given once initial design has been created and sent to the client for approval. Digital designs include (but are not limited to): logos, breeding banners, business card designs, banner designs, flyers, etc.

Reasons Not Eligible For Refund – Terms and Conditions

Breeder Designs reserves the right to refuse refund in the following events:

  • If any Intellectual Property* has been developed, deployed or created upon the clients’ behalf including but not limited to website design, graphics design, CSS development, PHP development, WordPress design, WordPress development or any other digital intellectual properties and services that have been rendered on behalf of the client;
  • Purchaser requests refund without utilizing multiple revision requests to the product, including refusal to review the product and provide feedback and revision requests;
  • Purchaser has distributed the product;
  • Purchaser has collected and/or distributed elements of the end product (example: Website favicon is being used or has been utilized as a social media logo);
  • Purchaser has attempted a chargeback and failed;
  • Purchaser stops/refuses communications with Breeder Designs for a period of over 30 days;
  • Purchaser has abandoned the project;
  • Delays due to client not submitting requested information and/or media (photos, videos, logos, etc.);
  • Delays due to acts of God.

*Intellectual property (IP) is a term referring to a number of distinct types of creations of the mind for which a set of exclusive rights are recognized—and the corresponding fields of law. Under intellectual property law, owners are granted certain exclusive rights to a variety of intangible assets, such as musical, literary, and artistic works; discoveries and inventions; and words, phrases, symbols, and designs.

Limitations of Liability for Damages Caused by Unauthorized or Third-Party Access

Breeder Designs shall not be held liable for any damages resulting from authorized or unauthorized actions or modifications performed by third parties who are granted access by the website owner, or damages caused by the website owner. This includes instances where clients grant access or delegate tasks to external individuals or entities.  Breeder Designs reserves the right to determine the scope of its responsibilities based on authorized policies in place. Clients are advised to exercise caution when granting access to their websites and to adhere to the guidelines provided by Breeder Designs to ensure the security and integrity of their online platforms. Additionally, Breeder Designs is not obligated to repair damages caused by the website owner or any third party who is granted access to the website or the host by the website owner under any website maintenance agreement.

Abuse of Services

Additionally, in cases where the customer is found to be engaging in any form of illegal, spammy, scamming, unethical, or shady behavior it is a violation of our terms of service and acceptable use policy. Breeder Designs reserves the right to immediately suspend hosting services and any website maintenance without providing a refund. Breeder Designs will not be responsible for any losses or damages incurred due to the suspension of services.

LATE POLICY

Relevant Services

This policy encompasses a comprehensive range of services provided by Breeder Designs, which include, but are not restricted to, annual website hosting, annual SSL, annual CDN, annual website maintenance, and any existing or forthcoming service fees offered by our company.

Notice of Late Fee

Annual service fees are required to be settled by the close of our business day, which is 6:00pm CST, on the designated due date. A formal invoice or payment link will be dispatched to the email address provided by the customer. Please note that Breeder Designs cannot be held responsible for any missed service emails resulting from the customer’s utilization of an unmonitored or incorrect email address, or if email notifications are diverted to spam folders. It is the customer’s responsibility to ensure that emails from PayPal, Stripe, and/or OfficialBreederDesigns@gmail.com, as well as any associated service-related emails, are appropriately filtered into their inbox rather than being misclassified as spam or junk mail.

Cost of Late Fee

Late payments for services will be subject to a one-time late fee of $50 if received up to one (1) week after the due date. The late fee will be in addition to the service cost. To extend the annual fee due by one week, the late fee must be paid on the due date. Failure to pay the service and late fee within one week of the due date will result in suspension of services. Regarding website hosting, suspension of the service will lead to website outage, eventually resulting in the deletion of the website and its content from the host. We do not have an obligation to retain or store a copy of the website. If you would like for Breeder Designs to store a copy of the website, a separate monthly fee of $12 will be applicable. This fee solely covers the storage of the website and does not include broadcasting it for visitors.

Transfer of Services

Annual service accounts must be in good standing in order to transfer services to another provider. Any balances due must be paid before a transfer is initiated.