AGREEMENT TO TERMS (“Terms and Conditions”, “Terms of Use”)
Welcome to Trusted Puppies.com a premier online classified portal connecting buyers (clients/customers) and sellers (vetted breeders), operated by TrustedPuppies.com. By using TrustedPuppies.com Website (the “Website”) you agree to be bound by these Terms and Conditions (this “Agreement”), whether or not you register as a member (“Member”) of Trustedpuppies.com. Furthermore, if you wish to become a Breeder and use the Trustedpuppies.com service (“Service”), you acknowledge that you have read these Terms and Conditions, and you acknowledge your agreement to and accept our Terms and Conditions by following the instruction in the Breeder Application process.
These Terms and Conditions constitute a legally binding agreement between you, whether personally or on behalf of an entity (‘you”) and Trusted Puppies LLC (“Company”, “we”, “us”, or “our”), concerning your access to and use of the https://trustedpuppies.com website as well as any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto (collectively, the “Site”). Trusted Puppies LLC is registered in Ohio, United States and have our registered office address at P O Box 164 Deerfield, Ohio 44411. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE. THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE, AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right to, in our sole discretion, to make changes or modifications to these Terms and Conditions at any time and for any reason. We will alert you about any changes by updating the “Last Updated” date of these Terms and Conditions, and you waive the right to receive specific notice of each such change. Please ensure that you check the applicable Terms and Conditions every time you use our Site so that you understand which Terms apply.
The information on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution to or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws. If and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPPA), Federal Information Security Management Act (FISMA), etc..) so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm Leach-Billey Act (GLBA).
2. Intellectual Property Rights:
Unless otherwise indicated, the Site is our proprietary property, and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and not to download or print a copy of any portion of the Content. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks.
3. User Representations/Eligibility:
The site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site. By using the Trustedpuppies.com website, you represent and warrant that you have the right, authority, and capacity to enter into the Agreement and to abide by all the terms and conditions of the Agreement. By using the Site, you represent and warrant that (1) all registration information you submit will be true, accurate, current, and complete. (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity to comply with these Terms of Use; (4) you are at least 18 years of age; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). If Trustedpuppies.com cancels or terminates your membership, you will not be entitled to a refund of any listing fees paid.
4. USER REGISTRATION:
Breeders are required to register with Trustedpuppies.com under the tab Breeder Application Link. Once an application to register as a Breeder with Trustepuppies.com has been submitted, a representative will contact the Breeder within three business days. (Business days are Monday-Friday 9 am-5pm EST). You agree to keep any login information confidential and are responsible for all use of your account and login credentials. Trustedpuppies.com reserves the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. Additionally, you assert that you have never been deferred or removed from TrustedPuppies.com services, and you only have one account with us.
Retailers/Breeder Representatives can receive access to Trustedpuppies.com as an Admin. An Admin account will be created after a Breeder submits an invite to the Retailer/Breeder Representative.
5. PROHIBITED ACTIVITIES:
Illegal and/or unauthorized uses of the Site will be investigated, and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress.
* Systemically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.
*Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive information such as user passwords.
*Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
*Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
*Use any information obtained from the Site in order to harass, abuse, or harm another person.
*Make improper use of our support services or submit false reports of abuse or misconduct.
*Use the Site in a manner inconsistent with any applicable laws or regulations.
*Engage in unauthorized framing of or linking to the Site.
*Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posts of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interfere with the use, features, functions, operation, or maintenance of the Site.
*Engage in any automated use of the system, such as using scripts to send comments or messages or using any data mining, robots, or similar data gathering and extraction tools.
*Delete the copyright or other proprietary rights notice from any Content.
*Attempt to impersonate another user or person or use the username of another user.
*Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchain formats (“gifs”) 1*1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
*Interfere with, create, disrupt, an undue burden on the Site or the networks or services connected to the Site.
Harass, annoy, intimidate, or threaten any of our employees, agents engaged in providing any portion of the Site to you.
*Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
*Copy or adapt the Sites software, including but not limited to Flash, PHP, HTML, JavaScript, other code.
*Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software compromising or in any way making up a part of the Site.
*Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
*Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automatic means or under false pretenses.
*Use the Site as part of an effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
*Sell or otherwise transfer your profile.
*Make a false representation that you are a Breeder or Retailers/Breeder Representative.
*Make false puppy advertisements to defraud, trick or mislead users (individuals that visit the Site for the purpose of purchasing a puppy), especially with the intent to cause harm.
6. CONTENT POSTED TO THE SITE:
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
User Generated Contributions (“Content”):
You agree that any Content that you post is not false, inaccurate, or misleading.
When posting images to the Site, both Breeders and Retailers posting images for their Client/Breeders are prohibited from posting images that include any form of a watermark on the images. Prior to posting images to Trustedpuppies.com Site, all watermarks must be removed.
There can be no links or mentions to websites, other puppies, or other identities in the puppy listing descriptions. If links or mentions are found, the links or possibly the entire listing will be removed from the website with no refund. Continual happenings of this breach of terms can lead to your account being terminated from future use, and that any money paid toward your ads will not be refunded.
When creating your puppy ad, you understand and agree to, only post one puppy per ad. You may post multiple images of the one puppy in your ad. You may update the images of the one puppy in your ad as long as the updated image is of the same puppy and not a different puppy that you are trying to sell. You agree that your ad will only include one puppy, and that if you include more than one puppy or images of other puppies in a litter or mentions of other puppies available in your ad, that your ad will be removed immediately, and your account can be terminated from future use and that any money paid toward your ad will not be refunded.
You agree that when posting puppy ads, that you will post one ad for each puppy in your litter. (If your litter contains 5 puppies, then you agree to post 5 individual puppy ads).
You understand that Trustedpuppies.com may review and delete any content, messages, Trustedpuppies.com messages, photos or profiles (collectively “Content”) that in the sole judgement of Trustedpuppies.com, violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of the Sites users.
You agree to follow the Guidelines for posting puppies and you understand that if you breech this agreement that Trustedpuppies.com can terminate your user account, delete all your content without notice, and refuse to refund any money paid to advertise/list your puppy(s) on our Site.
Trustedpuppies.com adheres to a strict Copyright Policy. Any Content that you post on Trustedpuppies.com, you guarantee us that you are the creator or owner of, or have the written consent, release, necessary licenses and/or permission to use and to authorize us, the Site, to use your Content in any manner.
You agree to not post any content that is obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
You agree to not post Content that can be used to harass, threaten, ridicule, mock, disparage, intimidate, abuse, or promote violence against the Sites users or against a specific person or class or people.
Your Content does not violate an applicable law, regulation, or rule.
Your Contact does not include any offensive comments that are connected to race, national origin, gender, sexual-preference, or physical handicap.
You understand and agree to hold Trustedpuppies.com, its subsidiaries, affiliates, officers, member, agents and other partners and employees, harmless from any loss, liability, claim, or demand, lawsuit, including reasonable attorney fees, made by any third party due to or arising from out of your use of the Site in violation of this Agreement and/or arising from a breech of this Agreement and/or breach of your representations and warranties set forth above.
Additional Legal terminology on user generated contributions (Content):
The creation, distribution, transmission, public display, or performance and the accessing, downloading, or copying of your content do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
Your are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Content in any manner contemplated by the Site and these Terms of use.
Your Content is not false inaccurate or misleading.
Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Content does not violate the privacy or publicity rights of any third party.
Your Content does not otherwise violate, or link to material that violates, any provision of these Terms and Conditions (Terms of Use), or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms and Conditions (Terms of Use) and may result in, among other things, termination or suspension of our rights to use the Site, and result in no refund of money paid to the Site.
7. Content License:
By posting your Content to any part of the Site or making Content accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Content (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Content, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through and media channels.
You agree and understand that Trustedpuppies.com reserves the right to cancel any User for any reason, with or without notice, if Trustedpuppies.com determines, in its sole discretion, that a User has violated these Terms and Conditions.
8. Guidelines for Reviews:
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your review should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability: (4) your review should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us and do not necessarily represent our opinions or the views of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to Trustedpuppies.com (“us”) a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
9. Submissions
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
10. Third-Party Website Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, texts, graphics, pictures, designs, music, sound, video, information, applications, software, other content or items, belonging to or originating from third parties (“Third Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the Content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or Third-Party Content. Inclusive of linking to or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable Terms and Policies, including Privacy and Data Collecting practices, of any website that you navigate away from the Site, or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable party. You agree and acknowledge that we do not endorse the products or services offered on the Third-Party Websites and you should hold us harmless from any harm caused by your purchase of such products or services. Additionally, you should hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
11. Site Management
We reserve the right to, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion without limitation, refuse, restrict access too, limit the availability of, or disable (to the extent technologically feasible) any of your Content or any portion thereof; (4) in our sole discretion, and without limitation, notice, or liability, to remove from the Site, or otherwise disable all files, and content that are excessive in size, or are in any way burdensome to our system; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.
12. Privacy Policy
We care about data privacy and security. By using the Site, you agree to be bound by our Privacy Policy posted on the Site, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that defer from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.
13. Digital Millennium Copyright Act (DMCA) Notice and Policy
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. 512 (c) 3 and include the following information; (1) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) 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 us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) 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; and (6) 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 upon.
Counter Notification
If you believe you own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to our Designated Copyright Agent using the contact information provided below (a “Counter Notification” ). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following; (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) A statement that you will accept service of process from the party that filed the Notification or the parties agent; (4) Your name, address, and telephone number; (5) A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disable as a result of a mistake or misidentification of the material to be removed or disabled; and (6) Your physical or electronic signature.
If you a send a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Bruce A Carroll
Attn: Copyright Agent
P O Box 164 Deerfield, Ohio 44411
United States
14. Term and Termination:
These Terms and Conditions shall remain in full force and effect while you use the Site. Without limiting any other provision of these Terms of Use. We reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the site (including blocking certain IP Addresses), to any person for any reason or for no reason, including without limitation for breach of any representation, warranty, or covenant contained in these Terms of Use or of any applicable law or regulation, we may terminate your use or participations in the site or delete your account and any content or any information that you posted at any time without warning, in our sole discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of a third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal and injunctive redress.
15. Modifications and Interruptions:
We reserve the right to change, modify, or remove the Content of the Site at any time for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension or discontinuance of the Site.
We cannot guarantee the Site will be always available. We may experience hardware, software, or other problems or need to perform maintenance related to the revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
16. Governing Law:
These Terms of Use and your use of the Site are governed by and construed in accordance with the laws of the State of Ohio applicable to agreements made and to be entirely performed within the State of Ohio, without regard to its conflict of law principles.
17. Dispute Resolution:
You agree that you are solely responsible for your interactions with other Trustedpuppies.com User. Trustedpuppies.com reserves the right to, but has no obligation, to monitor disputes between you and other Users of the Site.
Informal Negotiations-
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration-
If the Parties are unable to resolve a Dispute through informal negotiation, the Dispute (except those disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration should be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the AAA rules or applicable law, the arbitration will take place in Portage County, Ohio. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If, for any reason, a Dispute proceeds in court rather than arbitration, the Dispute
18. Corrections:
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without written notice.
19. Disclaimer:
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITOUT LIMITATION, THE IMPLIED WARRANTIES OF MECHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARENTEE, OR ASSUME RESPONSIBILTY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE. ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING. AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ALL TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
20. Limitations of Liability:
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE. EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE PRIOR TO ANY CAUSE OF ACTION ARISING, CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMTATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
21. INDEMNIFICATION:
You agree to defend, indemnify, and hold Trustedpuppies.com harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party due to or arising out of (1) your Content; (2) your use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including by not limited to intellectual property rights; (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
22. USER DATA:
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we should have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against Trustedpuppies.com (“us”) arising from any such loss or corruption of such data.
23. Electronic Communications, Transactions, and Signatures:
Visiting the Site, sending us emails, and completing online forms constitutes electronic communications. You consent to receive electronic communication, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INTIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other then electronic means.
24. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd ., Suite N 112 Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
25 Miscellaneous
These Terms of Use or any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use fully operate permissible by law. We may assign any or all our rights and obligations to others at any time. We shall not be responsible for or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of that provision is deemed to be severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment, or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
26. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site Please contact us at:
Trusted Puppies LLC
P.O. Box 164
Deerfield, Ohio 44411
United States