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These Terms & Conditions govern your access to and use of XKD.org, including XKD memberships, pet registrations, certifications, public profiles, educational resources, marketplace features, and related services.
Effective Date: August 2, 2026
Last Updated: August 2, 2026
These Terms & Conditions constitute a legally binding agreement between you and XKD.org, referred to throughout these Terms as “XKD,” “XKD.org,” “we,” “our,” or “us.” The term “you” refers to every visitor, account holder, pet owner, breeder, buyer, seller, member, certificate holder, organization, or other person or entity that accesses or uses the XKD website or any related service. These Terms apply to the XKD.org website, member dashboard, registration system, certification programs, digital certificates, public pet profiles, marketplace, educational materials, communications, physical membership materials, and any other product, feature, application, interface, or service made available by XKD. Collectively, these are called the “Services.”
By accessing or using the Services, you confirm that you have read, understood, and accepted these Terms. If you do not agree to every applicable provision, you must not use the Services. Certain XKD features may be governed by additional rules, policies, notices, purchase terms, or program requirements. Those additional terms become part of this agreement when you use the applicable feature.
You must be at least eighteen years old and legally capable of entering into a binding contract to purchase an XKD membership, register an animal, list an animal or service in the marketplace, or use any feature involving payments or legally significant representations. A person under eighteen may browse appropriate public portions of the website only with the permission and supervision of a parent or legal guardian. A parent or guardian who permits a minor to use XKD accepts responsibility for the minor’s activity.
By using XKD on behalf of a business, breeding program, rescue, shelter, organization, veterinary practice, club, or other entity, you represent that you are authorized to bind that entity to these Terms. You may not use the Services if you are prohibited from doing so under applicable law, have previously been permanently removed from XKD, or are attempting to evade an account suspension or termination.
Certain Services require an XKD account. When creating an account, you must provide complete, current, and accurate information. You must not create an account using false identifying information or impersonate another person, breeder, organization, business, or animal owner. XKD may require you to verify your email address, identity, payment information, ownership interest, breeder status, or other account information before allowing access to particular features.
XKD may allow users to select an account classification, including “Pet Owner” or “Pet Breeder.” Your selected classification must accurately reflect the purpose for which you use XKD. Certain classifications may be permanent or may only be changed following administrative review. XKD may request supporting information before changing a classification, granting breeder privileges, displaying a verification indicator, or allowing access to specialized services.
You are responsible for protecting your password and maintaining the security of your account. You are responsible for activity performed through your account unless you promptly report unauthorized access and demonstrate that the activity was not authorized by you. You agree to notify XKD promptly if you believe that your password, email account, authentication method, or XKD account has been compromised. You may not sell, lease, transfer, share, or provide another person with ongoing access to your account, and you may not use another person’s account without express authorization.
You agree that XKD may send transactional and service-related communications to the email address associated with your account. These may include registration confirmations, security notices, ownership or transfer inquiries, marketplace communications, certification results, policy updates, billing notices, and administrative messages. You are responsible for maintaining a valid email address and reviewing communications sent by XKD.
XKD may assign a unique account number, registration number, certificate number, pet identifier, profile address, verification link, QR code, or similar identifier to a member, account, animal, registration, certificate, or transaction. An assigned XKD number remains part of XKD’s registry system. Receiving an XKD number does not transfer ownership of XKD’s numbering format, database, software, trademarks, or verification system to the recipient.
You may display a valid XKD identifier in connection with the member, animal, account, or certificate to which it was assigned. You may not:
XKD may correct, replace, suspend, deactivate, or revoke an identifier when necessary to address error, fraud, duplication, security concerns, ownership disputes, or violations of these Terms.
XKD may offer free or paid memberships with different benefits. Available benefits, fees, eligibility requirements, duration, limitations, and included products will be described on the applicable enrollment or checkout page. Membership benefits may include animal registrations, digital certificates, public or private pet profiles, marketplace access, member discounts, educational resources, assessment access, recognition materials, physical products, or other features identified at the time of purchase.
Membership benefits are personal to the member or account that purchased them and may not be resold, transferred, or commercially distributed unless XKD expressly permits the transfer in writing. XKD may add, remove, replace, modify, or discontinue membership features. Material changes affecting an already-paid membership period will be handled in accordance with applicable law. Unless a membership is expressly described as automatically renewing, it will not automatically renew. Any recurring membership or subscription will be clearly identified before purchase and will include the renewal terms, billing frequency, cancellation method, and applicable price.
XKD provides a private registry service through which eligible members may create records for dogs, cats, exotic animals, hybrids, and other companion animals accepted by XKD. Registration is intended to organize animal identity information, connect animals to member accounts, support voluntary ownership records, display member-provided credentials, and provide access to related XKD features.
Registry records may contain information supplied by the member, including an animal’s name, species, breed, hybrid type, sex, birth date, approximate age, color, markings, photograph, biography, microchip number, registration history, breeder information, medical details, ownership information, and third-party credentials. You represent that all information you submit is truthful and accurate to the best of your knowledge. When exact information is unknown, you must identify estimates as estimates rather than presenting them as verified facts.
XKD is a private organization and is not a federal, state, county, municipal, tribal, or foreign governmental agency. An XKD registration does not replace any license, permit, rabies tag, vaccination requirement, wildlife authorization, import authorization, kennel license, breeder permit, health certificate, or other approval required by law. You remain solely responsible for determining and satisfying all legal requirements that apply to your ownership, possession, transportation, sale, breeding, transfer, exhibition, or care of an animal.
An XKD registration, profile, number, certificate, photograph, microchip entry, purchase receipt, or member statement may provide supporting information, but it does not independently create, transfer, adjudicate, or conclusively establish legal ownership of an animal. Legal ownership may depend on contracts, bills of sale, adoption agreements, veterinary records, microchip records, possession, local law, court orders, or other evidence outside XKD. XKD does not act as a court, government title office, or legal decision-maker in ownership disputes.
An animal may generally be registered with XKD even when it is also registered with another registry, breeder organization, microchip database, club, association, government agency, or identification provider. Listing an outside registration does not mean that the outside organization sponsors, endorses, verifies, or is affiliated with XKD.
XKD welcomes the registration of many exotic and hybrid companion animals, including raccoons, F1–F6 Savannah cats, ruffed lemurs, Geoffroy’s cats, tegus, otters, and other species accepted by the XKD registry. The availability of a species in an XKD registration form, profile category, certification program, marketplace, or educational resource does not mean that ownership, possession, breeding, sale, transfer, transport, import, export, exhibition, or relocation of that species is legal in every jurisdiction.
XKD.org is a private pet registry, educational platform, and certification service. XKD is not a federal, state, provincial, territorial, county, municipal, tribal, or international government agency. XKD does not issue wildlife permits, possession licenses, breeder licenses, import permits, export permits, transportation authorizations, health certificates, quarantine approvals, endangered-species documentation, or any other governmental authorization. An XKD pet profile, XKD registration number, XKD certificate, member classification, marketplace listing, educational assessment, or certification badge is not a government-issued document and must not be represented as one.
Laws governing exotic and hybrid animals can differ significantly by country, state, province, territory, county, city, municipality, and species. A species that is legal in one location may be prohibited, restricted, permit-only, grandfathered, subject to enclosure inspections, or limited to specific licensed facilities in another location. Legal requirements may also depend on the animal’s generation, subspecies, sex, age, origin, intended use, breeding status, method of acquisition, destination, or whether the animal will cross state or national borders.
Before acquiring, possessing, breeding, selling, advertising, transferring, transporting, relocating, importing, exporting, exhibiting, or registering an exotic or hybrid animal, you are solely responsible for identifying and complying with every law, regulation, permit, license, inspection, enclosure standard, veterinary requirement, recordkeeping obligation, identification rule, and animal-welfare requirement that applies to you and the animal. This responsibility includes verifying current requirements directly with the appropriate wildlife agency, agriculture department, animal-control authority, customs authority, transportation authority, veterinary authority, or other government body.
Registration with XKD does not prove that an animal was legally acquired, legally imported, legally possessed, lawfully bred, lawfully transferred, or legally transported. It also does not establish legal ownership, satisfy chain-of-custody requirements, validate a bill of sale, replace breeder or wildlife records, or override a seizure, quarantine, confiscation, court order, agency determination, permit condition, or law-enforcement action.
XKD may request copies of permits, licenses, veterinary records, acquisition documents, transfer records, import or export documents, or other supporting materials when reviewing an exotic or hybrid animal profile, marketplace listing, transfer request, certification claim, or account complaint. Any review performed by XKD is an administrative platform review only. Acceptance of a document, approval of a profile, publication of a listing, or issuance of an XKD certificate does not constitute a legal opinion, government approval, or guarantee that the document is valid, complete, current, or sufficient under applicable law.
You must not use an XKD profile, registration, certificate, badge, or marketplace listing to mislead another person into believing that XKD has confirmed the legality of an exotic or hybrid animal. You must not advertise an animal as “legal,” “licensed,” “permitted,” “approved,” or “government certified” solely because the animal appears in the XKD registry or because an owner or breeder has completed an XKD educational assessment.
XKD may restrict, suspend, hide, or remove an exotic or hybrid animal profile, listing, certification, or account when XKD reasonably believes that required permits are missing, submitted documents are false or expired, the animal may be unlawfully possessed or transferred, the listing may violate wildlife or animal-welfare laws, or continued publication could create a legal, safety, or welfare risk. XKD may also preserve or disclose relevant records when required or permitted by law.
Exotic and hybrid animal laws and agency policies can change. Information that was accurate when an animal was acquired or registered may later become outdated. You are responsible for monitoring legal changes, renewing permits, maintaining inspections, updating records, and confirming requirements before every sale, transfer, relocation, shipment, breeding activity, or other regulated event. When legal requirements are uncertain, consult the applicable government agency or a qualified attorney before proceeding.
XKD may provide a process for transferring a registry record to a new member. A transfer may require consent from the existing account holder, confirmation from the receiving party, supporting documentation, payment of an applicable fee, or administrative review. XKD may delay, decline, reverse, or place a hold on a transfer when:
XKD may review documents submitted in connection with a transfer but does not guarantee that a document is authentic, legally sufficient, or enforceable. When a genuine ownership dispute cannot be resolved through available records, XKD may freeze the affected profile until the parties provide a signed agreement, court order, law-enforcement determination, or other documentation acceptable to XKD. XKD’s decision about which account may control an XKD profile is an administrative platform decision only. It is not a legal determination of animal ownership.
XKD may allow members to add information about microchips manufactured, distributed, implanted, or registered by third parties. XKD is designed to work alongside existing animal identification systems and does not require a microchip to have been manufactured or sold by XKD. You are responsible for entering the complete and correct microchip number, selecting the correct microchip company when known, and keeping associated contact information current.
Adding a microchip number to XKD does not necessarily register that microchip with its manufacturer, distributor, implantation provider, original database, universal lookup service, veterinary clinic, shelter, or government agency. Unless XKD expressly states otherwise for a specific integration, you should maintain the animal’s registration with the original microchip company or primary recovery database.
XKD does not manufacture, implant, scan, test, or medically evaluate third-party microchips merely because their information appears on an XKD profile. XKD does not guarantee that a microchip:
Questions about implantation, migration, scanning, health risks, or microchip performance should be directed to a qualified veterinarian and the applicable microchip provider.
XKD may investigate, restrict, or remove a microchip number that appears incomplete, invalid, duplicated, incorrectly entered, fraudulently used, or associated with an ownership dispute.
XKD may issue digital or physical certificates, profile badges, seals, magnets, cards, verification pages, or other recognition materials. An XKD certificate confirms only the information and status expressly stated on the certificate or verification page as of the time it is viewed. Unless expressly stated otherwise, an XKD certificate is not:
XKD may correct, suspend, expire, revoke, or reissue a certificate if the underlying registration changes, inaccurate information is discovered, a transfer occurs, a member violates these Terms, or continued display would be misleading. You may not remove a revocation notice, alter a certificate, or continue presenting a certificate as active after it has been suspended or revoked.
XKD may provide educational programs and assessments, including programs intended for pet owners and breeders. These may evaluate knowledge of animal care, safety, nutrition, welfare, breeding practices, recordkeeping, health management, and related topics.
Each assessment may have its own passing score, attempt limits, access period, eligibility rules, and certification requirements. These requirements will be displayed with the applicable program. XKD may randomize questions, answers, scoring elements, or assessment versions. Passing one assessment does not guarantee that a person will pass another version or remain eligible indefinitely.
An XKD educational certification reflects completion of XKD’s private educational requirements. It does not make the recipient a veterinarian, veterinary technician, animal behaviorist, trainer, nutritionist, lawyer, licensed breeder, wildlife rehabilitator, government inspector, or other regulated professional. XKD certification does not replace any education, examination, inspection, permit, license, accreditation, or continuing-education requirement imposed by law or another organization.
You may not cheat, use an unauthorized automated system, interfere with scoring, distribute protected assessment materials, obtain answers through deception, take an assessment for another person, or have another person complete an assessment for you. XKD may invalidate an assessment result or revoke a certification when cheating, impersonation, technical manipulation, fraudulent information, or other misconduct is reasonably suspected.
XKD may update its educational standards as animal-care knowledge, industry practices, or legal requirements change. A previously issued certification does not guarantee permanent eligibility for every future badge, benefit, or program.
Members who identify as pet owners agree to act in a lawful and humane manner. At a minimum, pet owners are expected to:
XKD does not continuously inspect members, homes, facilities, animals, or records. Membership does not constitute a guarantee that a member complies with these standards.
A member who identifies as a breeder represents that any breeding, advertising, listing, placement, or transfer activity conducted through XKD will comply with applicable law and basic animal-welfare standards. Breeders are responsible for:
XKD may establish additional breeder requirements, request documents, review complaints, remove listings, restrict marketplace access, or revoke breeder status. A breeder designation, certificate, badge, or verification indicator does not guarantee the health, genetics, practices, honesty, financial condition, licensing status, or legal compliance of a breeder.
XKD may allow members to create public or shareable profiles containing selected information about registered animals. Depending on available settings, a public profile may display an animal’s photograph, name, species, breed, age, biography, XKD number, certification status, microchip status, breeder information, third-party credentials, or other details selected by the member or designated by XKD as public.
You are responsible for reviewing profile visibility settings before publishing information. You should not publish private, confidential, or sensitive information that you do not want others to view, copy, save, index, or share. Public information may be indexed by search engines, captured in screenshots, archived, shared on social media, or copied by third parties. XKD cannot guarantee that information will disappear from every external source after it is removed from XKD.
You may not publish:
You retain whatever ownership rights you lawfully hold in photographs, descriptions, biographies, listings, reviews, documents, messages, and other material you submit to XKD. This material is called “User Content.”
By submitting User Content, you grant XKD a worldwide, nonexclusive, royalty-free, sublicensable, and transferable license to host, store, reproduce, format, adapt, publish, display, distribute, and technically process that content as reasonably necessary to operate, secure, improve, promote, and provide the Services. This license permits XKD to create thumbnails, resize images, generate profile previews, display public listings, create certificate layouts, maintain backups, deliver content through service providers, and display content according to your selected settings.
For content made public by you, the license also permits XKD to feature the applicable public profile, listing, photograph, or testimonial in XKD promotional materials, subject to applicable law. This license ends when the content is deleted from active XKD systems, except to the extent that continued retention is reasonably necessary for backups, fraud prevention, legal compliance, dispute resolution, transaction records, or content previously shared or published with your permission.
You represent that:
XKD may review, restrict, reformat, refuse, remove, preserve, or disclose User Content when reasonably necessary to operate the Services, enforce these Terms, respond to complaints, protect animals or people, comply with law, or address security concerns. XKD is not obligated to review every submission and does not endorse User Content merely because it remains available.
XKD may provide tools through which members can publish listings, announce planned or available litters, advertise animals, communicate with potential buyers or sellers, or offer related products and services. Unless expressly stated otherwise for a particular transaction, XKD provides the marketplace platform but is not the breeder, seller, buyer, owner, transporter, veterinarian, broker, escrow company, insurer, or party to the transaction. Any agreement is directly between the participating users. Those users are responsible for negotiating and documenting the transaction.
Buyers and sellers must conduct their own investigation before exchanging money, animals, products, services, documents, or personal information. Reasonable due diligence may include:
Listings must be accurate, current, lawful, and sufficiently detailed to avoid misleading users. A listing must not conceal material facts or use photographs of a different animal in a deceptive manner. XKD may reject or remove listings involving:
XKD does not guarantee that a marketplace user is legitimate, that an animal matches a description, that a transaction will be completed, that payment will be made, that a deposit will be refunded, or that an animal will be healthy, safe, fertile, purebred, legally transferable, or suitable for a particular home. A profile, certificate, badge, assessment result, account age, or verification indicator should be treated as one piece of information—not as a substitute for independent investigation.
XKD is not required to mediate private disputes. XKD may, however, review reports, preserve records, restrict accounts, remove listings, or cooperate with lawful investigations. XKD does not have authority to compel a refund, force delivery, rewrite a private contract, award damages, determine legal ownership, or require a user to accept the return of an animal.
XKD may permit members to reference certifications, registrations, microchips, memberships, pedigrees, licenses, health records, or credentials issued by third parties. Unless XKD expressly states that a particular record has been independently verified, the information may be based solely on material supplied by the member. Display of a third-party name, company, logo, registry, credential, or microchip provider does not imply partnership, sponsorship, endorsement, or affiliation. XKD may request documentation and may mark information as unverified, member-reported, pending, disputed, expired, or removed.
XKD does not permit its Services to be used to facilitate animal cruelty, neglect, fighting, hoarding, abandonment, unlawful trafficking, or other conduct that creates an unreasonable risk to animal welfare. XKD may suspend an account, remove content, preserve relevant records, or report information to appropriate authorities when XKD reasonably believes that an animal or person faces a serious threat, abuse may have occurred, or disclosure is otherwise permitted or required by law.
XKD is not an emergency service. Reports involving immediate danger should be directed to local law enforcement, animal control, emergency veterinary services, wildlife authorities, or another appropriate agency.
You agree to use XKD lawfully, honestly, and in a manner consistent with the intended operation of the Services. You may not use XKD to:
Except for User Content and third-party material, XKD owns or licenses the website and its contents, including its design, software, source code, databases, text, graphics, certificates, assessment materials, logos, branding, icons, layouts, numbering systems, and documentation. These materials are protected by copyright, trademark, trade-secret, and other intellectual-property laws. XKD grants you a limited, revocable, nonexclusive, nontransferable license to access and use the Services for their intended personal or internal business purpose, subject to these Terms.
This license does not permit you to:
XKD respects intellectual-property rights. A copyright owner or authorized representative who believes that material on XKD infringes a copyright may send a written notice containing:
Copyright notices may be sent to help@xkd.org. XKD may remove or restrict disputed material while reviewing a complaint. Knowingly submitting a false infringement notice may result in legal liability.
Prices, included benefits, shipping charges, taxes, billing frequency, and other purchase details will be displayed before checkout. By submitting an order, you authorize XKD and its payment processors to charge the payment method you provide for the total amount shown at checkout. You represent that:
XKD may reject or cancel an order because of suspected fraud, incorrect pricing, product unavailability, payment failure, legal restrictions, shipping limitations, account violations, or other legitimate business reasons. If XKD cancels a paid order before providing the purchased product or service, XKD will issue an appropriate refund for the unprovided portion. Prices and offerings may change at any time. A price change will not retroactively alter a completed purchase unless necessary to correct an obvious error or as otherwise permitted by law.
XKD may provide physical products such as magnets, cards, printed certificates, tags, identification materials, promotional items, or merchandise. Product images and descriptions are illustrative. Minor differences in size, color, printing, packaging, or appearance do not necessarily constitute a defect.
Delivery dates are estimates unless XKD expressly guarantees a delivery date in writing. XKD is not responsible for delays caused by carriers, weather, customs, incorrect addresses, supply interruptions, or events outside XKD’s reasonable control. You are responsible for providing a complete and deliverable shipping address. Additional shipping or replacement charges may apply when an order must be resent because you supplied an incorrect address. Risk of loss may pass to you when the package is delivered to the address supplied with the order, subject to applicable consumer law.
Any refund or cancellation policy displayed at checkout or on a specific product page becomes part of these Terms for that purchase. Unless a different policy is expressly displayed, requests concerning a duplicate charge, technical failure, undelivered product, or billing error should be submitted promptly to help@xkd.org.
The following may be nonrefundable after delivery or use, to the extent permitted by law:
This provision does not eliminate any refund or cancellation right that cannot lawfully be waived. Before filing a chargeback, you agree to contact XKD and provide a reasonable opportunity to investigate. XKD may suspend accounts associated with fraudulent chargebacks or unpaid balances.
Promotions, discount codes, introductory prices, giveaways, and special offers may be subject to additional conditions and expiration dates. Unless otherwise stated, offers:
XKD may integrate with or link to payment processors, mapping services, microchip companies, social-media platforms, shipping carriers, analytics providers, advertisers, veterinary resources, breeders, registries, and other third parties. Third-party products and services are governed by their own terms and privacy practices. XKD does not control and is not responsible for their availability, security, content, accuracy, conduct, or performance. A link or integration does not constitute endorsement unless XKD expressly states otherwise.
XKD articles, quizzes, guides, profile fields, recommendations, and educational materials are provided for general informational and educational purposes.
Use of XKD does not create a veterinarian-client-patient relationship. XKD does not diagnose, treat, cure, prevent, or monitor animal disease and does not replace an examination by a qualified veterinarian. Do not delay or disregard professional veterinary care because of information found on XKD. Animal health emergencies should be directed to a veterinarian or emergency veterinary facility.
Information concerning ownership, licensing, breeding, wildlife, transportation, sales, permits, consumer obligations, or disputes is not legal advice. Laws vary by jurisdiction and may change. You should consult an appropriate attorney or government authority when legal compliance is uncertain.
XKD does not guarantee that education, registration, certification, microchip information, marketplace participation, or profile publication will prevent loss, resolve an ownership dispute, produce a sale, improve animal health, establish legal compliance, or result in any specific outcome.
XKD’s collection, use, storage, and disclosure of personal information are governed by the separate XKD Privacy Policy. The Privacy Policy is incorporated into these Terms by reference. In the event of a direct conflict concerning personal-information practices, the Privacy Policy will control. You are responsible for reviewing the Privacy Policy before submitting personal information or creating public content.
XKD may update, modify, suspend, replace, restrict, or discontinue all or part of the Services. XKD does not guarantee that the Services will be uninterrupted, error-free, permanently available, or compatible with every browser, device, operating system, network, or third-party service. Temporary interruptions may occur because of maintenance, upgrades, security incidents, hosting failures, network problems, legal requirements, natural disasters, or other circumstances. XKD may impose reasonable technical limits on storage, image size, message volume, listings, requests, automated traffic, account activity, or other resource usage.
XKD may warn, restrict, suspend, or terminate an account or particular feature when XKD reasonably believes that:
Depending on the circumstances, XKD may remove listings, hide profiles, revoke certificates, cancel identifiers, preserve records, block new accounts, or notify affected users or authorities. XKD may take immediate action without advance notice when delay would create a safety, fraud, legal, security, or operational risk. You may stop using XKD at any time. Account deletion may be subject to reasonable identity verification and retention obligations described in the Privacy Policy. Provisions concerning ownership, licenses, payments, disputes, disclaimers, liability, indemnification, and enforcement survive termination when their nature requires survival.
To the fullest extent permitted by law, the Services are provided “as is” and “as available,” without warranties of any kind, whether express, implied, statutory, or otherwise. XKD disclaims all implied warranties of merchantability, fitness for a particular purpose, title, noninfringement, accuracy, quiet enjoyment, and any warranties arising from course of dealing or usage of trade.
Without limiting the preceding disclaimer, XKD does not warrant that:
Some jurisdictions do not permit certain warranty exclusions. In those jurisdictions, these exclusions apply only to the maximum extent allowed by law.
To the fullest extent permitted by law, XKD and its owners, officers, employees, contractors, affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages.
This exclusion includes damages arising from:
To the fullest extent permitted by law, XKD’s total aggregate liability arising from or related to the Services will not exceed the greater of: (a) the amount you paid directly to XKD during the twelve months preceding the event giving rise to the claim; or (b) one hundred U.S. dollars.
These limitations apply regardless of the legal theory asserted and even if XKD was advised that damages were possible. Nothing in these Terms excludes liability that cannot legally be excluded or limited.
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless XKD and its owners, officers, employees, contractors, affiliates, licensors, and service providers from claims, losses, damages, liabilities, judgments, penalties, costs, and reasonable attorneys’ fees arising from or related to:
XKD may assume control of the defense of a matter subject to indemnification. You agree to provide reasonable cooperation and may not settle a claim in a way that imposes liability or an admission on XKD without XKD’s written consent.
Before commencing arbitration, litigation, or another formal proceeding, you and XKD agree to attempt in good faith to resolve the dispute informally. For this section, a “Dispute” means any claim, controversy, or disagreement arising out of or relating to these Terms, the Services, an XKD account, registration, certification, assessment, marketplace interaction, payment, communication, content, privacy practice, or the relationship between you and XKD, whether based on contract, tort, statute, regulation, common law, equity, or any other legal theory.
Notices to XKD must be sent to help@xkd.org with the subject line “Legal Dispute Notice.” The receiving party will have thirty days after receipt of a complete notice to investigate and respond before either party initiates a formal proceeding, unless immediate relief is necessary to prevent infringement, fraud, unauthorized access, loss of evidence, or imminent harm.
To the fullest extent permitted by applicable law, you and XKD agree that every Dispute that is not resolved under Section 34 will be resolved exclusively by confidential, final, and binding arbitration on an individual basis, rather than in court. This agreement applies to all claims that have arisen or may arise between you and XKD, including claims based on an alleged lost, injured, ill, deceased, escaped, stolen, transferred, misidentified, or improperly registered animal; an animal’s care, condition, ownership, pedigree, health, genetics, temperament, or suitability; a product, membership, certification, assessment, listing, registration, profile, communication, representation, omission, recommendation, or educational material; service interruption, data loss, security event, website error, account restriction, marketplace interaction, payment, refund, charge, fee, business decision, suspension, discontinuation, sale, reorganization, insolvency, or shutdown of XKD or any Service; and any alleged breach of contract, warranty, negligence, misrepresentation, statutory duty, privacy duty, consumer-protection obligation, or other legal or equitable theory.
The arbitration will be heard by one neutral arbitrator under the applicable rules of a nationally recognized arbitration provider selected by mutual agreement. If the parties cannot agree on a provider, either party may ask a court with jurisdiction solely to appoint an arbitrator or enforce this agreement. The Federal Arbitration Act and, where applicable, the Revised Florida Arbitration Code govern the interpretation and enforcement of this arbitration agreement.
The arbitrator may award only the individual remedies available under applicable law, subject to these Terms. Arbitration records, submissions, testimony, evidence, and awards are confidential except as disclosure is reasonably necessary to conduct or enforce the arbitration, obtain legal or professional advice, comply with law, or protect a party’s rights. Judgment on an arbitration award may be entered in any court with jurisdiction. Court proceedings are permitted only where applicable law requires them or where either party seeks temporary, preliminary, or permanent injunctive relief to prevent or address actual or threatened infringement, misappropriation, or misuse of intellectual-property rights, confidential information, security interests, or access controls.
YOU AND XKD ARE GIVING UP THE RIGHT TO HAVE A DISPUTE DECIDED BY A JUDGE OR JURY IN COURT, EXCEPT WHERE THIS SECTION EXPRESSLY ALLOWS A COURT PROCEEDING OR APPLICABLE LAW DOES NOT PERMIT THAT WAIVER.
To the fullest extent permitted by applicable law, you and XKD agree that each may bring claims against the other only in an individual capacity and not as a plaintiff, class member, representative, private attorney general, or participant in any class, collective, coordinated, consolidated, or representative action or arbitration. Unless XKD expressly agrees in writing and applicable law permits it, the arbitrator may not consolidate more than one person’s claims, preside over any form of representative or class proceeding, or award relief to anyone other than the individual party before the arbitrator.
YOU AND XKD WAIVE THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, COLLECTIVE ACTION, OR REPRESENTATIVE PROCEEDING TO THE MAXIMUM EXTENT PERMITTED BY LAW. If a court determines that any portion of this waiver is unenforceable as to a particular claim or remedy, that portion will be severed only to the extent required, and the remaining provisions of these Terms will remain in effect.
These Terms and any dispute arising from or relating to XKD or the Services are governed by the laws of the State of Florida, without regard to its conflict-of-law principles. Unless applicable law requires otherwise, any court proceeding must be brought exclusively in a state or federal court located in Duval County, Florida. You and XKD consent to the personal jurisdiction and venue of those courts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
To the extent permitted by law, a claim arising from or related to the Services must be filed within one year after the event giving rise to the claim. A claim not filed within that period is permanently barred. This provision does not shorten a limitations period that applicable law prohibits the parties from shortening.
XKD may update these Terms to reflect changes in the Services, business practices, technology, security requirements, legal obligations, or marketplace standards. Updated Terms will be posted on this page with a revised “Last Updated” date. XKD may also provide notice through email, the member dashboard, a website banner, or another reasonable method when changes are material.
Unless a different effective date is stated, updated Terms become effective when posted. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not accept an update, you must stop using the affected Services. Changes will not retroactively eliminate rights that cannot lawfully be waived.
You consent to receive agreements, notices, disclosures, receipts, certificates, transaction records, and other communications electronically. Electronic communications satisfy any legal requirement that a communication be in writing, to the extent permitted by law. You are responsible for maintaining access to your email account and for downloading or printing records you wish to retain.
You may not assign or transfer your rights or obligations under these Terms without XKD’s prior written consent. XKD may assign or transfer these Terms in connection with a merger, acquisition, financing, corporate reorganization, sale of assets, change of control, or transfer of the Services.
XKD is not responsible for a delay or failure caused by circumstances beyond its reasonable control, including natural disasters, severe weather, war, terrorism, civil unrest, labor disputes, power failures, internet outages, hosting failures, carrier interruptions, epidemics, government action, supply shortages, cyberattacks, or failures of third-party infrastructure.
If any provision of these Terms is held invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permitted or modified to most closely reflect its intended purpose. The remaining provisions will remain in full force and effect.
XKD’s failure to enforce a provision of these Terms does not waive its right to enforce that provision later. A waiver is effective only when made in writing by an authorized representative of XKD.
These Terms do not create a partnership, franchise, joint venture, employment relationship, fiduciary relationship, or agency relationship between you and XKD. Marketplace users act independently and have no authority to bind XKD.
These Terms, the XKD Privacy Policy, and any additional terms expressly applicable to a particular product or service constitute the entire agreement between you and XKD concerning the Services. They replace prior or contemporaneous discussions, statements, or agreements concerning the same subject matter. Section headings are provided for convenience and do not limit the meaning of any provision.
XKD exists to provide pet owners and breeders with a trusted system for registration, education, recognition, and responsible marketplace participation. Maintaining that system requires honest and ethical conduct from every member. By maintaining an XKD account, you agree to the following User Agreement:
Violation of this User Agreement may result in removal of content, cancellation of listings, restriction of marketplace privileges, invalidation of assessment results, revocation of certification, suspension of registrations, account termination, forfeiture of benefits already used, or referral to an appropriate authority. XKD will determine the appropriate platform response based on the nature, seriousness, frequency, and available evidence of a violation. XKD is not required to disclose confidential reports, security procedures, or private information belonging to another user.
Questions about these Terms, an XKD account, a registration, or a marketplace concern may be directed to:
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