Website Rental Terms of Service

Below are the terms & conditions for renting your  “Done For You” Dog Training Business Website from Browning Direct, Inc.

The agreement contained in this “Website Rental Agreement” is between Browning Direct, Inc., (“Company”) and you (“Client”) constitutes the sole agreement between Company and the Client regarding renting a website from Company.

COPYRIGHTS:

Client guarantees that any elements of text, graphics, photography, trademarks or other artwork provided by Client are owned by Client, or that Client retains permission to use them. Client will hold Browning Direct, Inc. harmless against any and all claims, losses or costs (including court costs and reasonable attorney fee), arising out of or resulting from the use of unlicensed text, artwork and photography.

SEARCH ENGINE OPTIMIZATION (SEO):

Although development of the website will follow SEO guidelines and best practices, Browning Direct, Inc. can legally and ethically make no guarantee or promise of specific results or rank on search engines.

OTHER LEGAL STUFF:

Browning Direct, Inc. can’t guarantee that the functions contained in any web page templates or in the completed website will remain error-free forever. Browning Direct, Inc. is not liable to Client or any third party for damages, including lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate this web site and any other web pages, even if Client has advised Browning Direct, Inc. the possibilities of such damages. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. The contract cannot be transferred to anyone other than Client without the permission of Browning Direct, Inc..

CONSEQUENTIAL DAMAGES:

To the maximum extent permitted by applicable law, in no event shall either party or its subsidiaries or affiliates be liable to the other party for any incidental, consequential, indirect, special, or punitive damages (including, but not limited to, lost profits (except on Browning Direct, Inc.’s fees for services), business interruption, loss of business information or other pecuniary loss, and including any of such alleged to result from such party’s exercise of its rights under this agreement) regardless of whether such liability is based on breach of contract, tort (including negligence), strict liability, breach of warranties, failure of essential purpose or otherwise and even if advised of the possibility of such damages. The parties understand and agree that the exclusions and limitations of liability set forth in this section represent the parties’ agreement as to allocation of risk between them in connection with their respective obligations under this agreement. The fees payable to Browning Direct, Inc. reflect, and are set in reliance upon, this allocation of risk and the exclusions and limitations of liability.

THIRD PARTY RIGHTS:

Browning Direct, Inc. represents, warrants and covenants to Client that, (a) Browning Direct, Inc.’s contribution to the Design Services constitute wholly original work; and (b) to the best of Browning Direct, Inc.’s knowledge, Browning Direct, Inc.’s contributions to the Design Work do not violate, infringe upon or misappropriate any third party rights. Notwithstanding the foregoing, Browning Direct, Inc. has not conducted any trademark clearance and makes no representation as to the availability of any element of the Design Work for Browning Direct, Inc.’s use as a trademark or service mark. Client shall be solely responsible for conducting any and all trademark clearance in connection with any element of the Design Work.

INDEMNIFICATION:

Each party will defend, indemnify, and hold the other party, its affiliates and each of their respective officers, employees, affiliates and agents harmless from and against all third party claims, suits, judgments, losses, damages, fines or costs (including reasonable outside attorney’s fees and expenses) related to or arising out of such party’s gross negligence, willful misconduct or material breach of this Agreement. The parties’ obligations under this paragraph will survive the expiration and/or termination of this Agreement.

TIMELINES:

Constant communication and follow up feedback via email between Browning Direct, Inc. and Client is necessary to complete assignments on a timely basis and is a huge factor in the estimated timeline.