Membership Terms & Conditions
This General Terms and Conditions of membership is a legal Agreement between you/your organization (“You/Your”), and the International Boarding & Pet Services Association, a not-for-profit 501(c)(6) corporation (IBPSA) which sets forth the terms and conditions of membership. You understand that the rights of membership, including the right to identify membership, begin only when you have received your welcome email giving you a log in and password.
Terms: IBPSA membership is open to all individuals, corporations, partnerships and other entities involved in the pet care service industry, including manufacture, distribution, and sale of product and services used in, for, or by the industry.
Conditions: Individual, corporations, partnerships and other entities that operate multiple facilities may join the IBPSA as separate members, but must pay dues for each separate member.
Membership Categories and Annual Dues:
Membership dues are deductible as an ordinary and necessary business expense. Dues are not deductible as charitable contributions. Dues are collected by month or year with an auto reoccurring billing depending on selection at time of application.
Vendors include any corporation, partnership or other entity whose primary business is the manufacturing, distribution, and sale of products or services to be used by pet care service providers. Yearly membership dues are $600.00.
Active Members are those members who own or intend to own a pet care service facility/business. Annual dues are $288.00.
Member Use of The IBPSA Name and Logo:
By using the Name and/or Logo, You are taking an affirmative action to signify that You are entering into a legal Agreement and affirmatively agree to be bound by the terms of the Agreement as set forth below including those additional terms and conditions as may be stipulated in any referenced or accompanying documentation. If you do not agree to be bound by the terms of the Agreement as set forth below, do not obtain or use the Name and/or Logo. The name and/or logo may be obtained directly from IBPSA staff in the form of a graphic file contained on computer media or by downloading, copying or any other electronic retrieval method the Name and/or Logo from the IBPSA website.
IBPSA International Boarding & Pet Services Association
License to Identify Membership: During the Term of this Agreement, IBPSA grants You a nonexclusive, non-assignable and non-transferable limited license to use the IBPSA Name and Logo only as stated below in the following printed media whether as printed or “online” materials and electronic broadcast media: newspapers, periodicals, billboards, posters, direct mail, flyers, yellow pages or other directory advertising, telephone, television or radio spots, business cards, stationary, invoices, facsimile cover sheets and other standard business documents for the limited purpose of conveying notice of Your membership in IBPSA. You agree that the IBPSA Name and Logo may not be otherwise used, copied, reproduced or altered in any manner. Nothing in this Agreement, or in Your use of the IBPSA Name and Logo, will give You any right whatsoever in the IBPSA Name and Logo, or in any similar marks, beyond the right granted in this Agreement.
Upon any termination, expiration, cancellation or suspension of your membership or the Term of this Agreement, you shall discontinue all use of the Name and/or Logo. Furthermore, IBPSA has an absolute right to terminate, cancel, suspend or withdraw your license at any time.
The Name and Logo may not be used in any way as to represent approval by IBPSA of the content of media with prior written permission of IBPSA. A copy of any proposed media must accompany all requests for permission.
The Name and Logo may not be used in any way as to represent an endorsement or certification by IBPSA of any product or service offered by you. Nothing in this Agreement or in Your use of the Name and/or Logo shall confer any endorsement or approval of your products or services or of You.
General Rules: The Name and/or Logo are the property of IBPSA and may only be used by a member of IBPSA during that member’s period of membership.
Online Rules: You may display the Name and/or Logo anywhere on your website at Your primary internet domain name. Your online use of the Name and/or Logo will be linked, at a minimum from the most prominent reference to the Name and/or Logo on the respective page, to the IBPSA website at http://www.ibpsa.com (or such other address as shall be established).
Restrictions: The Name and/or Logo are protected by trademark and copyright laws and international trademark and copyright treaties, as well as other intellectual property laws and treaties and contain intellectual property exclusive to IBPSA. All right, interest, title to, and ownership and intellectual property rights in, the Name and/or Logo and all copies remain with IBPSA.
You are expressly prohibited from utilizing the Name and/or Logo for any purpose not permitted in this agreement, including copying the Name and/ or Logo, other than to make a single copy of the name and/or Logo in machine-readable format for back-up or archival purposes. You are permitted to make such copies for your internal use only. You may not modify the Name and/or Logo or create derivative works based upon the Name and/or Logo or any part of the Name and/or Logo.
You may not distribute copies of the Name and/or Logo to third parties. You must comply with all applicable laws regarding the use of the Name and/or Logo. IBPSA reserves all rights not expressly granted.
Injunctive Relief and Other Compensation:
You acknowledge that if You breach any obligations under this Agreement, You shall cause damages of an irreparable and continuing nature to IBPSA, for which money damages will not provide adequate compensation. Therefore, in addition to any money damages to which IBPSA is entitled (which includes IBPSA’s right to recover its reasonable attorney’s fees), IBPSA also is entitled to an injunction to prohibit your continuing breach of the applicable covenant or otherwise to compel Your specific performance under this Agreement. IBPSA shall have the right to obtain such injunctive compensation without having to prove any damages or post any bond.
Limitation of Liability:
You agree that You will not sue IBPSA for injunctive relief or for any damages on any matter concerning the subject matter of this Agreement. In no event shall IBPSA be liable to You or any other for any damages of any type as a consequence of Your actions pursuant to this Agreement, whether such actions are authorized or unauthorized pursuant to the terms of this Agreement.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IN NO EVENT SHALL IBPSA OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY OR ONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
All notices, which concern this Agreement, shall be given in writing and be effective, as follows.
(a) By actual delivery of the notice into the hands of the party entitled to receive it, in which case such notice shall be deemed given on the date of delivery; or
(b) By mailing such notice by registered or certified mail, return receipt requested, in which case such notice shall be deemed given five (5) days from the date of its mailing.
All notices should be mailed to: IBPSA, 2521 N Main St Unit 1 #210, Las Cruces, NM 88001, Attention Legal Department, in the case of IBPSA, and at Your address as contained in the IBPSA records in the case of You. Any party to this Agreement may change its address for notice purposes, by providing written notice of the change of address to the other party.
If any provision of this Agreement is held invalid or unenforceable, all other provisions shall remain valid, unless such validity would frustrate the purpose of this Agreement, and this Agreement shall be enforced to the full extent allowable under applicable law and a substitute, valid, and enforceable provision most nearly reflecting the original intent shall be developed in place of the invalid provision. No modification to this Agreement is binding, unless in writing.
This Agreement shall be governed by and construed under, and the legal relations among the parties hereto shall be determined in accordance with, the laws of the State of Colorado, excluding conflict-of-law principles that would cause the application of the laws of any other jurisdiction.
This Agreement is the entire Agreement between You and IBPSA relating to the subject matter herein and supersedes all prior and contemporaneous oral or written communications, proposals, and representations with respect to its subject matter except for the Bylaws.
IBPSA reserves the right to change this Agreement and/or its terms at any time and may eliminate the license granted herein with respect to You individually or all members collectively at any time. Any change to this Agreement and/or its terms shall be effective as of the date of posting to the website of IBPSA or actual notice to you, whichever is earlier.