Terms of Service

The following terms (“Terms of Service”) constitute an agreement between The Breeding Ground LLC, an Ohio limited liability company (“TBG” or “we”), and you, and govern your use of its website, and all of its associated services, content, and functionality (“Website”).

Your use of the Website constitutes your acceptance of, and agreement to, these Terms of Service. TBG reserves the right to modify, alter, amend, or update its Website, Terms of Service, or other policies, without notice to you. If you do not agree with or do not accept any part of these Terms of Service, you must not use the Website.

PRIVACY POLICY

How TBG Collects and Uses Personally Identifiable and Usage-Related Information

TBG collects only personally identifiable information, such as your name, email, mailing address, telephone number, shipping and billing information, past purchase history, and any other information that you may voluntarily provide us (“Personally Identifiable Information”).

TBG may collect and store Personally Identifiable Information that you submit to the Website in order to receive newsletters and other communications, comment on blog posts, purchase products, and/or register for an account on the Website (“User Account”), which enables you to participate in certain Public Forums (as defined below) and to access restricted TBG resources. The User Account creates a membership profile on the Website that is accessible to other members with User Accounts. You may control the privacy and level of notifications of activity of your User Account through the User Account settings.

TBG may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of the page for each individual user.

TBG may use third party advertising companies to serve content and advertisements when you visit the Website, which may use cookies or web beacons. No Personally Identifiable Information is shared with the Website’s advertising providers.

TBG uses Google Analytics to track statistics regarding our audience and Website traffic. No Personally Identifiable Information is transferred from the Website to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.

TBG may engage in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No Personally Identifiable Information collected by the Website is used in conjunction with these tracking pixels.

TBG may engage in affiliate marketing, which is described more fully below. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Website uses cookies to store user preferences, record user-specific information on what pages users access or visit, ensure that users are not repeatedly sent the same banner ads, customize Website content based on users’ browser type, or other information that the user sends. Cookies may also be used by third party services, such as Google Analytics, as described above.

From time to time, TBG may engage in remarketing efforts with third party companies, such as Google, Facebook, Twitter, or Instagram, in order to market the Website. These companies use cookies to serve ads based a user’s past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

TBG may provide Personally Identifiable Information to an applicable third party in order to provide services and perform functions on our behalf. By way of example, the Website uses the services of Mail Chimp for delivery of email updates. Mail Chimp’s use of your Personally Identifiable Information is subject to Mail Chimp’s privacy policy.

Other third party services and functions may include, but are not limited to, operating our website store, processing credit card orders, delivering packages, administering promotions, providing us with marketing or promotional assistance, analyzing our data, generating and revising customer lists, and assisting with customer service.

TBG Will Not Sell Your Personally Identifiable Information

TBG will not sell your Personally Identifiable Information. Notwithstanding the foregoing, TBG may disclose or transfer your Personally Identifiable Information to third parties who acquire all or a portion of TBG, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.

Declining to Submit or Deletion of Personally Identifiable Information

You can decline to submit Personally Identifiable Information at any time. If you decline, TBG may not be able to continue to provide services to you. You may request deletion of your Personally Identifiable Information by sending an email to Hello@TheBreedingGround.org, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

Children’s Information

TBG does not knowingly collect any Personally Identifiable Information from children under the age of 13. If you are a parent or guardian and believe that the Website has Personally Identifiable Information of a child under the age of 13 in its database, please contact us immediately at Hello@TheBreedingGround.org, and TBG will use its best efforts to promptly remove such information from our records.

Public Forums and Links

A “Public Forum” is any area, site, or feature offered as part of the Website (including, without limitation, discussion and advocacy forums, message boards, blogs, guides, activity walls, hashtag streams, chat rooms, emails, or personal messaging features) that enables you to: (a) to upload, submit, post, display, perform, distribute, and/or view User Generated Content (as defined below); and/or (b) communicate, share, or exchange User Generated Content with other Website users. You acknowledge that Public Forums, and the features contained therein, are for public and not private communications. You further acknowledge that anything you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum may be viewed on the Internet by the general public, and therefore, you have no expectation of privacy with regard to any such submission or posting. You are, and shall remain, solely responsible for the User Generated Content you upload, submit, post, transmit, communicate, share, or exchange by means of any Public Forum and for the consequences of submitting or posting same. TBG DISCLAIMS ANY PERCEIVED, IMPLIED, OR ACTUAL DUTY TO MONITOR PUBLIC FORUMS AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR INFORMATION PROVIDED THEREON.

Do Not Track Features

Certain browsers may offer you the option of providing notice to websites that you do not wish for your online activities to be tracked for preference based advertising purposes (“DNT Notice”). For a variety of reasons, we do not take any action based on browser based DNT Notices.

Email Communications

If you send us an email with questions or comments, we may use your Personally Identifiable Information to respond to your questions or comments, and we may save your questions or comments for future reference. For security reasons, we recommend that you do not send non-public Personally Identifiable Information, such as passwords, social security numbers, or bank account information, to us by email. You may “opt out” of receiving future commercial email communications from us by clicking the “unsubscribe” link included at the bottom of most emails we send, or as provided below; provided, however, we reserve the right to send you transactional emails such as customer service communications.

Keeping Your Information Secure

We have implemented security measures we consider reasonable and appropriate to protect against the loss, misuse, and alteration of the information under our control. Please be advised, however, that while we strive to protect your Personally Identifiable Information and privacy, we cannot guarantee or warrant the security of any information you disclose or transmit to us online or through our Website, and are not responsible for the theft, destruction, or inadvertent disclosure of your Personally Identifiable Information. In the unfortunate event that your Personally Identifiable Information is compromised, we may notify you by email (at our sole and absolute discretion) to the last email address you have provided us in the most expedient time reasonable under the circumstances; provided, however, delays in notification may occur while we take necessary measures to determine the scope of the breach and restore reasonable integrity to the system as well as for the legitimate needs of law enforcement if notification would impede a criminal investigation. If you have any questions or concerns about the security of our Website, please email us at Hello@TheBreedingGround.org.

Other

Regardless of any other provision in this Privacy Policy, TBG reserves the right to disclose any Personally Identifiable Information or non-Personally Identifiable Information about you to: (a) fulfill a government request; (b) conform with the requirements of the law or legal process; (c) protect or defend our legal rights or property, our Website, or other users; or (d) protect, in an emergency, the health and safety of our customers or the general public. This includes exchanging information with third parties and organizations in connection with credit risk reduction and fraud protection.

CONTENT DISCLAIMER

All Website content is provided for informational purposes only. Use of the Website does not form any relationship between you and TBG, including, but not limited to, an attorney-client relationship. While employees, directors, officers, or owners of TBG may be licensed attorneys and content on the Website may discuss legal issues, TBG is not a law firm or a substitute for a law firm and cannot assist you with legal matters. TBG does not provide any advice, explanation, opinion, or recommendation about possible legal rights, remedies, defenses, options, or strategies.

The information provided on the Website is provided “as is” without any representations or warranties, express or implied. TBG makes no representations or warranties in relation to the information provided in the content.

TBG disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by you or any person as a result of use of the information provided on the Website.

YOUR RESPONSIBILITY

The Website was developed strictly for educational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website. TBG makes no representations, warranties, or guarantees. You understand that results may vary from person to person. TBG assumes no responsibility for errors or omissions that may appear in the Website.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU ACKNOWLEDGE AND UNDERSTAND THAT TBG HAS NOT, AND DOES NOT, IN ANY WAY: (A) SCREEN ITS USERS; (B) INQUIRE INTO THE BACKGROUNDS OF ITS USERS; OR (C) REVIEW OR VERIFY THE STATEMENTS OF ITS USERS. YOU HEREBY AGREE TO EXERCISE REASONABLE PRECAUTION IN ALL INTERACTIONS WITH OTHER USERS, PARTICULARLY IF YOU DECIDE TO MEET ANOTHER USER IN PERSON. TBG DOES NOT REPRESENT, WARRANT, ENDORSE, OR GUARANTEE THE CONDUCT OF ITS USERS. IN NO EVENT SHALL TBG BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELATING TO ANY USER’S CONDUCT IN CONNECTION WITH SUCH USER’S USE OF THE SERVICES, INCLUDING, WITHOUT LIMITATION, BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY, OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS BETWEEN USERS.

USE OF THE WEBSITE

Unless otherwise stated, TBG owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Service.

The following uses are not permitted:

• Republication of content from the Website, unless content is specifically and expressly made available for republication;
• Sale, rental, or sub-license of any content from the Website;
• Reproduction or duplication of any content on the Website for commercial purposes;
• Modification of any content on this Website, unless content is specifically and expressly made available for modification;
• Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email, or other methods. Use of these plugins or widgets does not constitute any waiver of TBG’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to TBG.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish, or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit, and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction, or data harvesting on or in relation to the Website without TBG’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third party marketing without TBG’s express written permission.

USER GENERATED CONTENT

By submitting or posting text, blog posts, comments, feedback, information, remarks, articles, drawings, photographs, videos, graphics, or other information, in any form or medium, to the Website (“User Generated Content”), you grant to TBG a perpetual, worldwide, irrevocable, non-exhaustive, fully-paid, and royalty-free license to use, adapt, display, translate, or publish the User Generated Content on the Website and elsewhere, to store and distribute the User Generated Content, and to use the User Generated Content for promotional, commercial, and marketing purposes. TBG reserves the right to edit, modify, or create derivative works from the User Generated Content, and you shall have no rights with respect thereto unless we agree otherwise. This license extends to all known and future media. You also grant TBG the right to sub-license these rights and the right to bring an action for infringement of these rights.

RULES FOR USER GENERATED CONTENT

By submitting or posting User Generated Content, you agree to the following rules:

• You have or own the necessary rights, consents, releases, licenses, and/or permissions for the User Generated Content;
• The User Generated Content will not damage you, us, or any third party;
• The User Generated Content is accurate and complete;
• The User Generated Content is not defamatory, false, threatening, harassing, abusive, hateful, offensive, libelous, obscene, excessively violent, pornographic, inappropriate, or encouraging of conduct that would be considered a criminal offense, give rise to civil liability, or violate any law or the Terms of Service;
• The User Generated Content does not advertise, promote, or solicit business without the prior written consent of TBG; and
• You will not do or attempt to do anything to harm, disrupt, or interfere with TBG’s security, website, system, accounts, passwords, servers, data, or networks.

TBG has sole discretion when determining whether certain User Generated Content violates any of its rules, and to edit or remove any User Generated Content submitted, hosted, or published on the Website or stored on TBG’s servers. TBG further reserves the right to, in its sole discretion, remove or block any user who violates any of its rules.

TBG IS NOT RESPONSIBLE FOR USER GENERATED CONTENT

User Generated Content is the sole responsibility of the person(s) who created it, and TBG and its employees, agents, directors, and officers, undertake no obligation or liability related to such content. TBG and its employees, agents, directors, and officers, do not undertake or assume any duty to monitor for inappropriate or unlawful User Generated Content, nor does it assume responsibility or liability that may arise from the User Generated Content, including, but not limited to, claims of defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, fraud, or misrepresentation. Opinions or other statements expressed in User Generated Content are not necessarily the opinions of TBG.

DEFAMATORY COMMENTS

You agree and understand that you may be held legally responsible for damages suffered by other Website users or third parties as the result of your User Generated Content posted or made available on the Website that is deemed defamatory or otherwise legally actionable. Under the Federal Communications Decency Act of 1996, TBG is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable User Generated Content posted or made available on the Website.

REGISTRATION

Much content and User Generated Content may be viewed without registering for a User Account. However, if you wish to submit User Generated Content or participate in certain Public Forums, you may be required to register for a User Account. You agree to provide true and complete information at the time of registration, and to promptly update such information if changes occur. You alone are responsible for maintaining the confidentiality of your password.

AFFILIATE MARKETING

TBG may engage in affiliate marketing. This means that if you use an affiliate link to make a purchase, TBG will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

FTC DISCLOSURE

From time to time, TBG may post sponsored content from an advertiser. This means that an advertiser, which may be a brand, agency, or influencer network, will contract with TBG to create content featuring certain messages or product placement. Pursuant to the FTC’s requirements, all such advertisements on the Website are clearly and conspicuously disclosed.

Even though compensation (cash, free product, services) is received in exchange for this sponsored content placement, TBG gives its honest opinion, findings, beliefs, and/or experiences in such content. All views expressed on the Website are those of the content creator. Any product claim, statistic, quote, or other representation about a product or service should be verified with the manufacturer, provider, or party in question.

COPYRIGHT

Unless otherwise noted, the design, content, and all components of the Website are copyrights owned by TBG or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

All text, blog posts, comments, articles, how-to guides, photographs, video, graphics, and other information, in any form or medium, with the exception of User Generated Content or unless cited otherwise by TBG (collectively, the “TBG Content”), is owned by TBG and protected by copyright law.

You may use the TBG Content for your personal, noncommercial use, and you may download or print a copy of the TBG Content provided you do not remove any trademark, copyright, or other notice from such TBG Content. Your use of TBG Content does not make you a representative or agent of TBG, and you may not hold yourself out as such. If you wish to share TBG Content, or you operate a website and wish to link to TBG, you may do so provided you agree to terminate such link upon TBG’s request. Just as TBG may from time to time excerpt materials from other sources in order to support the TBG Content, we respect the right of others to use the TBG Content so long as such use is consistent with the principles of “fair use” and cited accordingly.

All other uses are expressly prohibited without the prior written consent of TBG. Such prohibited uses include, but are not limited to, republishing any portion of TBG Content, modifying or creating derivative works from the TBG Content, entering the TBG Content into a database, distributing any TBG Content to others whether for payment or other consideration, decompiling, reverse engineering, disassembling any software or other products or processes accessible through the Website, inserting any code or product into the Website, or data mining, data gathering, or other extracting.

COPYRIGHT INFRINGEMENT

If you are a copyright owner and you believe a user has infringed upon your copyrights, you may submit a notification to TBG pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing a written statement to TBG at Hello@TheBreedingGround.org pursuant to 17 U.S.C. § 512(c)(3) that includes:

(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material.
(iv) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If the notification does not include all of the above listed requirements, it may not be valid.

If you believe the content at issue in any DMCA notice does not infringe or you have authorization from the copyright owner, you may file a counter-notice to TBG pursuant to 17 U.S.C. § 512(g)(3) that includes:

(i) Your physical or electronic signature.
(ii) Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
(iii) A statement under penalty of perjury that You had a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
(iv) Your name, address, and telephone number, and a statement that You consent to the jurisdiction of Federal District Court in the Southern District of Ohio and a statement that You will accept service of process from the person who provided notification under subsection (c)(1)(C) or an agent of such person.

If TBG receives a counter-notice, TBG will use its discretion as to whether it will send the counter-notice to the party who sent the DMCA. If the party who sent the DMCA does not respond or file an action seeking a court order, TBG may replace any removed content within 14 business days of receipt of the counter-notice.

TRADEMARKS

The Breeding Ground is a trademark of TBG and is protected by United States trademark law. TBG’s trademarks and trade dress may not be used in connection with any product or service that is not TBG’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits TBG.

From time to time, the Website will legally utilize trademarks owned by third parties related to TBG’s services. These trademarks are the respective property of their owners.

COMMENTING POLICY

The Website offers the option for you to leave comments, engaging with the Website’s posts. The following types of comments will not be tolerated and will be deleted:

• Harassing comments directed toward any user, third party, or TBG;
• Spam;
• Hate speech;
• Comments defamatory to any user, third party, or TBG;
• Comments that reference illegal or unlawful acts; or
• Comments that violate the legal rights of any user, third party, or TBG.

TBG’s sole discretion will be used to determine if a comment is in violation of this commenting policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

CONSENT FOR ELECTRONIC COMMUNICATION

If you send TBG an email, register to use the Website, or provide your email to TBG in any other way, you consent to receive communications from TBG electronically. You agree that all legal notices provided via electronic means from TBG satisfy any requirement for written notice.

THIRD PARTIES

The Website contains links to third party websites that are not governed or controlled by TBG. You represent and warrant that you have read and agree to be bound by all applicable Terms of Service and policies for any third party website that relates to your use of the Website. TBG assumes no control or liability over the content of any third party sites. You expressly hold harmless TBG from any and all liability related to your use of a third party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold TBG harmless from any and all liability in any dispute.

NO WARRANTIES

The Website is provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. TBG makes no representations or warranties in relation to the Website or the information and materials provided therein.

TBG makes no warranty the Website will meet your requirements; will be available uninterrupted, timely, and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. TBG is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English, and TBG makes no warranty regarding translation or interpretation of content into any language.

LIMITATION OF LIABILITY

TBG WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF ANOTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify, and hold TBG, its members, employees, officers, directors, managers, and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs, and expenses (including reasonable attorneys’ fees and expenses) that TBG suffers as a result of third party claims based on: (i) your negligence or intentional misconduct; (ii) your breach of any provision of the Terms of Service (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Service will be governed and construed in accordance with the laws of the State of Ohio. Any controversy or claim arising out of or relating to the Terms of Service, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Hamilton  County, Ohio. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

CONTACT AND OPT-OUT INFORMATION

You may contact us as at Hello@TheBreedingGround.org if you: (a) have questions or comments about our Terms of Service; (b) wish to make corrections to or delete any Personally Identifiable Information you have provided or that a child under the age of 13 for whom you are the parent or guardian may have provided; (c) want to opt-out from receiving future commercial correspondence, including emails, from us; or (d) wish to withdraw your consent to sharing your Personally Identifiable Information with third parties. When contacting us, please include your name, email, mailing address, and phone number to ensure we can process the request. We will process your request promptly, but please note that you may receive additional contacts before your name removal or change takes effect. We also may not be able to fulfill some requests while allowing you access to certain benefits and features of our Website. We apologize for any inconvenience this may cause.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Service is held to be invalid, illegal, or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Service may not be assigned by you without TBG’s prior written consent, however, the Terms of Service may be assigned by TBG in its sole discretion. The Terms of Service are the final, complete, and exclusive agreement of the parties with respect to the Website offered by TBG. All notices with respect to the Terms of Service must be in writing and may be sent via email to Hello@TheBreedingGround.org.

Effective and last modified November 29, 2016.