These Terms apply visitors to the Site researching the purchase of a puppy and/or otherwise accessing Site content (“Users”) and those Users who actually purchase a puppy listed on the Site by one of our Certified Breeders. The Terms also apply to breeders who wish to apply to become certified breeders (breeders who apply are referred to as “Applicants”) and those breeders who have passed our certification process (“Certified Breeders”). Certified Breeders also agree to be bound by those additional terms referenced herein and/or available by hyperlink. These Terms and additional terms referenced herein and/or available by hyperlink apply to veterinarians who wish to apply and those who have been accepted to become registered veterinarians for The Puppy Project (“Registered Vets”).
1. The Puppy Project is a Venue
The Puppy Project’s mission is to create an online marketplace for Users (Customers) to shop for and purchase high quality, healthy purebred puppies from professional breeders who have met the rigorous certification process created by the Veterinary Council for Breed Stewardship and become Certified Breeders. In this way, we’ll be able to provide our Certified Breeders with an informed interested base of Users ready to purchase a puppy.
The Site acts as a venue to allow Certified Breeders who comply with our policies to offer and sell puppies on a fixed-price (non-auction) basis to Users. The Puppy Project is not directly involved in the actual transaction between Users and Certified Breeders but as described in these Terms, is involved with vetting Certified Breeders and making sure the puppies sold on the Site are sourced from Certified Breeders and not puppy mills and does provide payment processing for puppies purchased on the Site.
We require that Users and Certified Breeders provide truthful accurate information. Certified Breeders must supply accurate listing information for puppies offered and have the ability to sell the puppies listed. We don’t pre-screen or independently verify that the Users will provide a good home for a puppy or that they have the ability to pay for the puppy. We do require that Users register on our Site before they can purchase a puppy but do not verify the information provided by Users except to the extent that we may assist in processing payment. We cannot ensure that a User or a Certified Breeder will actually complete a transaction.
It is the Certified Breeder’s right and responsibility to do any sort of background checks, investigation, or other due diligence if they desire to do so before selling a puppy to a customer.
Consequently, The Puppy Project does not transfer legal ownership of puppies from the Certified Breeder to the User. The Puppy Project encourages Certified Breeders to communicate directly with Users through the tools available on the Site.
All users of the Site agree that The Puppy Project is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio or video, files, and links posted by Certified Breeders, Users, Registered Veterinarians or outside parties on The Puppy Project.
We have secured an arrangement with Trupanion, a national pet insurance company, to provide one month of free pet insurance for all of the puppies sold through the Site. The puppies sold on the Puppy Project will arrive at their new owner’s home with the insurance ready to activate. It is the responsibility of the new owner to activate the insurance. We will be partnering with Registered Vets who have agreed to provide vet services to our new owners, for the entire life of the dog (if Trupanion insurance is continued with a zero deductible) , accepting as payment in full the insurance reimbursements from Trupanion]. This will minimize the out-of- pocket veterinary expenses of our new owners while providing best in class veterinary care for the puppies sold through the Site.
Except as otherwise provided for herein, use our Site and Services is at your own risk.
2. Breeders; Applying to Become a Certified Breeder.
Applicants must first register on our breeder site; you can click here to get to the registration page. There we’ll begin collecting the information we’ll need to begin the certification process and if you become a Certified Breeder, to build you online profile – a shop – on the Site. The fees to apply to become a Certified Breeder and the annual fees to maintain that status are set forth on the Breeder Fee Schedule.
As part of the application process, The Veterinary Council for Breed Stewardship, an independent veterinary ad hoc organization has created the Standards of Care for Certified Breeders with best practices for breeding healthy puppies and operating a safe, profitable breeding operation. The Standards of Care include detailed requirements for Certified Breeders, a library of online content for breeders and a rigorous on-site inspection of all breeding facilities to verify compliance with our Standards of Care [and to ensure the integrity of our certification process]. Users will be able to buy a puppy on the Site with confidence that their puppy will be a healthy pure bred puppy from a quality breeder.
Certified Breeders will provide a description of their breeding operation and the certifications of their litters. They are also encouraged to provide photos of the litters and the parents and may also supply other information about their breeding operation. As part of our services to Certified Breeders, we will provide the template for a Certified Breeder to build out their shop to describe and promote their operation and to list the puppies they have available, when they anticipate having litters and such other information as they may choose to provide (all of the content supplied by Certified Breeders is referred to as “Breeder Content”). We’ll make the shop searchable so Users can easily find it. You will have the right to a premium account, for a fee to be specified later, which will put your “store” at the beginning of the listings offered for searches of various breed puppies.
Each Certified Breeder grants us a nonexclusive, royalty free license to use, display and publish the Breeder Content on the Site and represents and warrants that all of the Breeder Content is truthful and accurate, that they own and/or have all rights needed in the Breeder Content to grant us a license in and to the Breeder Content. Certified Breeders also give permission for The Puppy Project to use any photos uploaded the site for any purpose, including advertising.
3. Registered Veterinarians.
We will be securing the services of “Registered Veterinarians” who have agreed to participate in The Puppy Project. All Registered Veterinarians must be duly licensed to practice veterinary medicine in the states where they practice.
Registered Veterinarians may help us establish the Standards of Care for Certified Breeders and assist in the certification process. They have also committed to provide vet services to our Certified Breeders [at discounted rates]. This will minimize the out-of- pocket vet expenses of our Certified Breeders and Users who purchase puppies through the Site while providing vet care meeting our rigorous standards.
While Users who purchase a puppy from the Site will not be obligated to use a Registered Veterinarian to care for their puppy, we certainly will encourage Users to do so.
All puppies sold through the Puppy Project will be insured by the time of pick up or delivery. Should this newly purchased puppy be presented to a registered veterinarian and the puppy needs medical care (not well care), then the Registered Veterinarian agrees to accept payment in full from the insurance company and agrees to waive any and all expenses whatsoever for the new owner of the puppy.
New puppy owners will be encouraged to continue the insurance for the life of the pet. Registered veterinarians will agree to accept full payment from the insurance company for any insured dog purchased through the Puppy Project for the life of the pet, as long as they are still covered under the original and uninterrupted Trupanion insurance policy.
4. User Eligibility
Age: The Puppy Project’s Services are available only to, and may only be used by, individuals who are U.S. residents who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and a U.S. resident and that all registration information you submit is accurate and truthful. We may, in our sole discretion, refuse to offer access to or use of the Site or the Services to any person or entity and change our eligibility criteria at any time. This provision is void where prohibited by law and the right to deny access to the Site and/or Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the User and is responsible for any and all activities on the Site and the use of the Services.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by The Puppy Project’s policies as stated in these Terms and The Puppy Project policy documents listed below (if applicable to your activities on or use of the Site and/or the Services) as well as all other operating rules, policies and procedures that we may publish from time to time on the Site, each of which is incorporated herein by reference and each of which may be updated by us from time to time without notice to you:
The Puppy Project Guidelines
- Breeder Certification Standards
- Registered Vet Standards
- Fees Policy
- Advertising Policies
- Copyright and Intellectual Property Policy
In addition, some services we offer may be subject to additional terms and conditions we promulgate from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify us of any unauthorized use of your password or any breach of security. You also agree that The Puppy Project cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than us without our express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. [Certified Breeders must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.]
Account Transfer: You may not transfer or sell your Puppy Project account and User ID to another party.
You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: We reserve the right to temporarily or indefinitely suspend The Puppy Project and the Services.
The Puppy Project reserves the right, in our sole discretion, to cancel unconfirmed or inactive accounts. We reserve the right to refuse service to anyone, for any reason, at any time.
5. Fees and Billing
For Users, accessing the Site and searching for a puppy is free. Once a User has selected a puppy, they just pay the purchase price for the puppy using our secure payment processing.
We may also offer for sale goods and services to our Users. The price and terms and conditions applicable to any such items will be specified on the Site.
We reserve the right, in the future, to charge Certified Breeders fees for becoming certified and maintaining their certification. When a Certified Breeder list puppies for sale on the Site, they are agreeing to be charged a fee for every puppy sold through the Site.
Both Users and Certified Breeders agree not to circumvent the Site and the Services and buy and/or sell puppies listed on the Site outside of the Site.
The Puppy Project’s Fees Policy, which is subject to change, is incorporated into these Terms by reference. Changes to the Fees Policy and the fees for our Services are effective after we provide you with at least fourteen (14) days’ notice by posting the changes on the Site. However, we may choose to temporarily reduce one or more of our fees for our Services for promotional events (for example, we may waive or reduce certification fees for breeders who sign up in the early stages of The Puppy Project); such changes are effective when we post the temporary promotional event on the Site. We may, in our sole discretion, change some or all of our Services at any time. If we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, we may issue a User or Certified Breeder a credit for the applicable fees.
Users and Certified Breeders are responsible for paying all fees and applicable taxes associated with using the Services. The Puppy Project provides plans for both automatic and manual bill payment as outlined in The Puppy Project’s Fees Policy. The Puppy Project will send an invoice to the Certified Breeder’s email address, as the case may be, on file detailing the amount due for the prior month’s fees and charges. The Certified Breeder must pay the amount due in full within 15 days of the date of the invoice, or the account will be considered past due. We will establish the payment terms for User fees, if any and publisher them on the Site.
Fees and Termination: If we terminate a listing or a Certified Breeder’s account, if a Certified Breeder closes its account, or if the payment of a Certified Breeder’s fees cannot be completed for any reason, the Certified Breeder remains obligated to pay us for all unpaid fees plus any penalties, if applicable. If the Certified Breeder’s account is not paid in full and becomes past due, the Certified Breeder risks penalties such as the removal of the Certified Breeder’s listings, suspension of privileges and/or termination of the account, and other collection mechanisms (including retaining collection agencies and legal counsel). If a Certified Breeder has a question or wishes to dispute a charge, contact The Puppy Project.
6. Listing and Selling
Listing Description: All puppies listed by a Certified Breeder on the Site must be for sale. By listing a puppy on the Site, the Certified Breeder warrants that its breeding operations and the puppies comply with our Standards of Care and other published policies and also warrant that the Certified Breeder may legally sell the listed puppies. A Certified Breeder must accurately describe the puppies for sale and all terms of sale in their shop. A Certified Breeder’s listings may include text descriptions, graphics, pictures and other content relevant to the sale of the puppies. All puppies must be listed by breed, sex and locale and may include other characteristics such as certifications. Each listings must accurately and completely describe the puppies for sale in that listing. Certified Breeder’s should use best efforts to update their listings to reflect puppies that have been sold and are still available.
Shop Policies: All Certified Breeders are urged to outline policies for their shop. These policies may include, for example, shipping, returns, payment and selling policies. Certified Breeders must create reasonable policies in good faith and must abide by their policies. All shop policies must comply with The Puppy Project’s site-wide policies. Certified Breeders are responsible for enforcing their own reasonable shop policies. We reserve the right to request that a Certified Breeder modify a shop policy.
Binding Sale: Certified Breeders are responsible for accurately listing their puppies, and Users are responsible for reading the description of the puppies before making a purchase. Once accepted, all sales are binding. The Certified Breeder is obligated to arrange for pick-up or delivery of the puppy or arrange to ship the puppy or otherwise complete the transaction with the User in a prompt manner, unless there is an exceptional circumstance, such as: (a) the User fails to meet the terms of the Certified Breeder’s listing (such as payment method), (b) the Certified Breeder cannot authenticate the User’s identity or (c) the parties are unable to arrange pickup and/or delivery. The User is obligated to deliver payment for the puppy purchased when they pick up the puppy or before shipment if the puppy is being shipped, unless the parties agree to other arrangements.
Fee Avoidance: The price stated in each puppy listing description must be an accurate representation of the sale. Certified Breeders may charge reasonable shipping and handling fees to cover the costs of shipping a puppy if the puppy is to be shipped. Certified Breeders may not charge excessive shipping fees or otherwise avoid our fees. A Certified Breeder may not alter the puppy’s price after a sale for the purpose of avoiding our transaction fees, misrepresent the puppy’s location, or use another Certified Breeder’s account without permission.
7. Prohibited, Questionable and Infringing Items and Activities
Just as Certified Breeders are responsible for Breeder Content, Users are solely responsible for their conduct and activities on and regarding The Puppy Project and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, links and reviews (together, “User Content”) that Users submit, post, and display on The Puppy Project.
Restricted Activities: All Breeder Content and User Content and the use of the Site and the Services by Certified Breeders and Users shall not:
- Be false, inaccurate or misleading;
- Be fraudulent or involve the sale of illegal, counterfeit or stolen puppies or other items;
- Infringe upon any third-party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, The Puppy Project’s Guidelines);
- Violate these Terms, The Puppy Project’s Guidelines, Certified Breeder Guidelines, any Site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination or false advertising);
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including The Puppy Project staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device;
- Interfere with a Certified Breeder’s business or shop;
- Take any action that may undermine online reviews or feedback;
- [Be obscene or contain child pornography];
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
- Host images of puppies that are not from a Certified Breeder’s operations or are not part of a listing;
- Modify, adapt or hack the Site or the Services or modify another website so as to falsely imply that it is associated with the Site;
- Appear to create liability for The Puppy Project or cause The Puppy Project to lose (in whole or in part) the services of The Puppy Project’s ISPs or other suppliers; or
Furthermore, you may not list any puppy or other item on the Site (or consummate any transaction that was initiated using our Services) that, by paying any fees owed to us could cause us to violate any applicable law, statute, ordinance or regulation, or that violates these Terms.
License: We do not claim ownership rights in the Breeder Content or User Content (collectively, “Content”). Certified Breeders grant us a license solely to enable us to use Breeder Content and any other information they supply us, so that we are not violating any rights that a Certified Breeder might have in that Breeder Content. Accordingly, Certified Breeders grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) Certified Breeder’s have in the Breeder Content, in any media now known or not currently known, with respect to a Certified Breeder’s Breeder Content. Certified Breeder’s agree to allow us to store, translate, or re-format their Breeder Content on the Site and display their Breeder Content on the Site in any way we choose.
Users who post User Content to the Site represent that they have all rights in the User Content so that our use of it will infringe on the third party intellectual property rights of any third party and that the User Content is not defamatory, obscene, libelous or otherwise violative of any law. Users also grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) User’s have in the User Content, in any media now known or not currently known, with respect to User Content.
Re-Posting Content: By posting Content on the Site, it is possible for an outside website or a third party to re-post that Content. You agree to hold us harmless for any dispute concerning this use. If you choose to display your own Site-hosted image on another website, the image must provide a link back to its listing page on our Site.
Idea Submissions: We consider any unsolicited suggestions, ideas, proposals or other material submitted to us by Users, Certified Breeders or Registered Vets via the Site, mobile applications, or otherwise (other than the Content and the puppies and other tangible items sold on the Site) (collectively, the “Material”) to be non-confidential and non-proprietary, and we shall not be liable for the disclosure or use of such Material. If, at our request, any user sends Material to improve the Site (for example to customer support), we will also consider that Material to be non-confidential and non-proprietary and we will not be liable for use or disclosure of the Material. Any communication by a user to us is subject to these Terms. You hereby grant and agree to grant us all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Site, the API, documentation, Service, or any other product or service, without compensation or accounting to you and without further recourse by you.
9. Information Control
We do not control the Content provided by Users, Certified Breeders and Registered Vets that is made available on the Site. You may find some Content to be inaccurate, offensive, harmful, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense. Additionally, while the Site is intended for use by U.S. residents only, there may also be risks dealing with persons who are not U.S. residents.
By using the Site, you agree to accept such risks and that the Site (and our officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of Users on Site. Please use caution, common sense, and practice safe buying and selling when using The Puppy Project.
Other Resources: We are not responsible for the availability of outside websites or resources linked to or referenced on the Site. We do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
10. Resolution of Disputes and Release
Disputes with The Puppy Project: If there’s a dispute between you and The Puppy Project, please contact us. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in New York County, New York, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the Southern District of New York. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and The Puppy Project agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users, Certified Breeders or Third Parties: If there’s a dispute between you and another User or a third party, we encourage you to contact the User or third party to resolve the dispute amicably. If the dispute is between a User and a Certified Breeder or a Registered Vet, we urge the parties to contact us.
If a User and Certified Breeder are unable to resolve a dispute resulting from a transaction that occurs on the Site, they may choose to participate in our case system in order to resolve the dispute. Cases are escalated for review and resolution by us. We provide our dispute resolution process for the benefit of Users and Certified Breeders. We do so in our sole discretion, and we have no obligation to resolve disputes between Users or between Users and Certified Breeders or outside parties. To the extent that we attempt to resolve a dispute, we will do so in good faith based solely on our policies. We will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
11. The Puppy Project’s Intellectual Property
THE PUPPY PROJECT, and other The Puppy Project graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PuppyProject, LLC in the U.S. and/or other countries. The Puppy Project’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
12. Access and Interference
- Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site’s infrastructure;
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
Without limiting any other remedies, we may, without notice, and without refunding any fees, delay or immediately remove Content, warn The Puppy Project’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a User’s account privileges, terminate a User’s, Certified Breeder’s or RV’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
- We are unable to verify or authenticate any of your personal information or Content;
- or we believe that a user is acting inconsistently with the letter or spirit of our policies, has engaged in improper or fraudulent activity in connection with The Puppy Project or the actions may cause legal liability or financial loss to The Puppy Project’s users or to The Puppy Project.
We reserve the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on the Site.
15. No Warranty
THE PUPPY PROJECT, THE PUPPY PROJECT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND THE PUPPY PROJECT’S SUPPLIERS PROVIDE THE SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. THE PUPPY PROJECT, THE PUPPY PROJECT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND THE PUPPY PROJECT’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM THE PUPPY PROJECT SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
16. Liability Limit
IN NO EVENT SHALL THE PUPPY PROJECT, AND (AS APPLICABLE) THE PUPPY PROJECT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR THE PUPPY PROJECT’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, THE SERVICES, OR THESE TERMS, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
THE PUPPY PROJECT’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF THE PUPPY PROJECT’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO THE PUPPY PROJECT IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD THE PUPPY PROJECT AND (AS APPLICABLE) THE PUPPY PROJECT’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
18. No Guarantee
The Puppy Project does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside of our control.
19. Legal Compliance; Taxes
All users shall comply with all applicable federal, State and local laws, rules and regulations regarding their use of the Site and the Service and any other service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of puppies or other items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of items you make using the Services (excluding any taxes on The Puppy Project’s net income).
If any provision of these Terms are held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of these Terms shall remain in full force and effect.
21. No Agency
You and The Puppy Project are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by these Terms.
22. The Puppy Project Service
The Puppy Project reserves the right to modify or terminate the Site and/or the Service for any reason, without notice, at any time. The Puppy Project reserves the right to alter these Terms or other Site policies at any time, so please review the policies frequently. If we make a material change, we will notify you here, by email, by means of a notice on our home page, or other places we deems appropriate. We will determine what constitutes a “material change” in our sole discretion, in good faith, and using common sense and reasonable judgment.
23. Choice of Law
These Terms shall in all respects be interpreted and construed with and by the laws of the State of New York, excluding its conflicts of laws rules, and the United States of America.
Sections 5 (Fees and Services, Fees and Termination), 8 (Content, License), 9 (Information Control), 10 (Meetings, Groups or User Fees), 11 (Resolution of Dispute and Release), 12 (The Puppy Project’s Intellectual Property), 13 (Access and Interference), 14 (Breach), 15 (Privacy), 16 (No Warranty), 17 (Liability Limit), 18 (Indemnity), 19 (No Guaranty), 20 (Severability), 21 (No Agency), 23 (Choice of Law) shall survive any termination or expiration of these Terms.
Except as explicitly stated otherwise, any notices shall be given by postal mail to The Puppy Project; Attn: Legal Department; 309 Scarborough Road, Briarcliff Manor, NY 10510 (in the case of The Puppy Project) or, in your case, to the email address you provide to The Puppy Project (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, The Puppy Project may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to The Puppy Project. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in The Puppy Project’s Copyright and Intellectual Property Policy. [
The services hereunder are offered by The Puppy Project Inc., located at 309 Scarborough Road, Briarcliff Manor, NY 10510. If you are a New York resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.