RESPONSIBILITIES AND CONDITIONS
By accessing and listing puppies on any of the sites or social profiles owned and operated by Pick A Puppy, Inc. (“Pick A Puppy”) (collectively referred to herein as the “Site”), you, as the breeder (the “Breeder”), agree to the following Conditions as well as the Terms and Conditions listed separately on the Terms and Conditions page on The Site. This Breeder Agreement is between you the “Breeder” and Pick A Puppy, its subsidiaries, joint ventures and/or affiliates.

USE OF THE SITE
Pick A Puppy, Inc. may limit or terminate any breeder listing, remove content and/or take technical and legal steps if we think the Breeder is creating problems or acting inconsistently with the terms and conditions or spirit of our policies.

BREEDER POSTING RESPONSIBILITIES

All Breeders herein agree to the following general terms and conditions when listing a puppy on the Site for sale.

Breeders shall submit one puppy per advertisement.

Breeders shall submit separate photographs of the advertised puppy and its parents. Any photograph submitted by Breeder to or through the Site shall be solely unique to the Site and shall not be a photograph used anywhere else including but not limited to any other location on the World Wide Web.

Breeder will ensure that contact information shall be up-to-date at all times.

Information requests made by our company shall be answered fully, completely and in a timely manner.

Breeders must notify us immediately when they sell a puppy. This can be done in one of two ways:

If a computer is available, log into the website, click “Approved” under the Puppies section on the site menu, and then click “Mark Sold” next to the puppy.

Otherwise, call (844)745-2787 and leave a message. This number is available 24 hours a day, 7 days a week on the Site.

Breeders may advertise puppies on classified ad sites as well as their own direct websites where customers call and transact directly with breeders to pay for and receive their puppies. These sites are not considered websites providing services similar to the Site and may be utilized by Breeders subject to provision 2 in this section above. All Breeders agree during the term of this Breeder Agreement not to directly or indirectly sell or post their advertised puppy(s) on any website providing similar services for breeders as those provided by the Site. Such services provided by the Site include but are not limited to advertising Breeders’ puppies, purchasing puppies from Breeders without taking possession and selling such puppies to Purchasers, corresponding and coordinating with Breeders and Purchasers for the travel and delivery of puppies, obtaining and reviewing all health records related to each puppy both before and after the puppy has been delivered to Purchasers.

HEALTH GUARANTEE
Breeder herein agrees by listing a puppy on the Site that they are in possession of and are the breeder of the puppy listed and attest to its health and representation at the time it is offered for sale and to be solely and fully responsible for complying with the Pick A Puppy Health Guarantee during the first year for any puppy which is sold on the Site to a purchaser as well as any other state laws that may apply regarding the sale of dogs. By listing a puppy on the Site, the Breeder hereby agrees and offers the Purchaser the following unconditional health guarantee which begins from the time the Purchaser purchases the puppy on the Site:

If, within five days following the sale, a veterinary examination of the Purchasers choosing indicates that the puppy at the time of sale, such puppy was unfit for purchase due to illness or disease, including but not limited to parvovirus, pneumonia, or the presence of internal or external parasites, excluding fleas and ticks; or the breed, sex, health of the puppy is found to have been misrepresented to the consumer, or within one year a licensed veterinarian of the Purchaser’s choosing certifies that the puppy is unfit for purchase due to a congenital or hereditary disorder that was not disclosed by the breeder on the listing at the time of sale in writing on the site or to Pick A Puppy and the Purchaser prior to the time of delivery to the Purchaser, including but not limited to Patellar Luxation, Hip Dysplasia, Under and/or Overbites, Heart Murmur, which adversely affects the health of the animal; the breeder agrees to afford Pick A Puppy the following options:

Afford Pick A Puppy the right to afford the purchaser the option to return the puppy to the breeder and receive a refund of the purchase price from the breeder, including applicable sales tax, and reimbursement for shipping costs and reasonable veterinary costs to diagnose the puppy,
Afford Pick A Puppy the right to afford the Purchaser the right to retain the puppy and receive reimbursement for reasonable veterinary costs, including any necessary emergency services and treatment, directly related to the veterinarian’s examination and certification that the puppy is unfit for purchase.

Notwithstanding anything contained in the aforementioned paragraphs or this agreement, the Breeder hereby agrees to reimburse Pick A Puppy, its subsidiaries, joint ventures and affiliates for any and all health guarantee refunds that are given to the Purchaser by Pick A Puppy as required under this health guarantee.

Breeder’s reimbursement liability to Pick A Puppy and the Purchaser for veterinary costs under this section of the terms and conditions will not exceed the purchase price Pick A Puppy paid the Breeder for the puppy.

VACCINATIONS, MICROCHIP, AND HEALTH REQUIREMENTS
All puppies placed on the Site must be up-to-date on all vaccinations and dewormers per AAHA standards to prevent the following diseases and internal parasites including but not limited to: Canine distemper, Parainfluenza, Hepatitis, Canine Parvovirus. In accordance with airline regulations, any puppy 12 weeks of age or older must be inoculated for Rabies by a licensed veterinarian.

All up-to-date vaccinations must be completed 3 or more days prior to shipping.

No puppy should be given a nasal Bordetella vaccination during the 5 day period prior to departure.

To help prevent hypoglycemia in small breeds, please administer a sugar supplement such as Nutri-Cal for each of the 2 days prior to shipping and at least once immediately before departure.

A current Health Certificate, and a detailed Veterinary Report Form which includes the microchip (signed by both the breeder and the veterinarian) must be emailed to pickapuppy@outlook.com prior to departure.

If any abnormalities are noted by the veterinarian, we must be notified immediately before the puppy is allowed to be shipped.

No puppy weighing less than 2 pounds should be released until it is at least 12 weeks old.

Puppies will be microchipped by the Breeder at least three days prior to shipping and written microchip information will be provided to the Purchaser and Pick A Puppy at time of delivery.

HEALTH CERTIFICATE
The Breeder at their sole expense shall obtain a current official certificate of veterinary inspection prior to shipping. The term “official certificate of veterinary inspection” means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the puppy, the printed or typed names and addresses of the person (breeder) from whom the animal was obtained, the seller, the purchaser, and the examining veterinarian, and the veterinarian’s license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the puppy, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis, giardia, ear mites, fleas and ticks. A copy of the certificate must be emailed or faxed to Pick A Puppy prior to shipping the puppy to the purchaser.

REGISTRATION CERTIFICATES
The Breeder shall keep a copy of all registration applications on file for a minimum of two years. The Breeder at their sole expense shall provide Pick A Puppy with a copy of registration certificates upon demand. Any and all registration papers for a puppy as listed on the Site by the Breeder must be transferred to and provided to the purchaser at the time of delivery of the puppy. In the event that it is determined by Pick A Puppy that the Breeder failed to comply in sending out the registration certificate(s) and/or such certificates were not as described at the time of the Breeders posting of their ad, the Breeder hereby agrees to pay to Pick A Puppy a full refund equal to the purchase price paid by the Purchaser to Pick A Puppy and not that of the purchase price paid by Pick A Puppy to the Breeder, deemed as liquidated damages, as both parties agree that it would be impossible to compute the exact extent of damages sustained by Breeder’s breach.

SHIPPING REQUIREMENT
All puppies placed on our Site requires that the Breeder ship the puppy to the Purchaser. This cost will be reimbursed to the breeder by Pick A Puppy upon delivery of the puppy to its destination and upon receipt of the paid shipping bill. The Breeder agrees to fully cooperate with Pick A Puppy in making arrangements in shipping the puppy to the Purchaser as directed.

CODE OF ETHICS
All breeders must abide by our code of ethics as detailed below.
I will comply with all federal, state, and local government laws and regulations concerning the keeping of all animals in my care.

I will breed with the intent of following the guidelines of my breed standards for health, temperament, conformation and/or performance, and will only breed animals that display quality traits.

I will conscientiously plan each litter with careful thought to the goals I wish to accomplish in my breeding line.

I will not breed any stud or bitch unless they are both physically and mentally mature.

I will not continue to breed any stud or bitch beyond the appropriate age for the breed or are not in good health or of good temperament.

I will be knowledgeable about inherited health problems in my breed and will safeguard against my dogs having or passing on any congenital or genetic health problems to their offspring.

I will not knowingly misrepresent the characteristics of the breed, nor falsely advertise, or mislead any person regarding the information of any of my puppies for sale or my studs or bitches.

I will not release any puppy until it is at least 8 weeks old, regardless of possible lesser requirements in my state or province. In addition, I will not release any puppy weighing less than 2 pounds until it is at least 10 weeks old.

I will keep full and accurate records for all puppies and breeding dogs, and retain those records for a minimum of 2 years.
I will provide all new dog owners with appropriate health certificates, vaccination records, microchip information, and registration paperwork at the time of puppy delivery, to be included in the transport documents at the time of shipping.

I will not contact directly or indirectly or attempt to sell any goods, services, or puppies to any Pick A Puppy retail customer.
I have not been criminally convicted for, nor am I under investigation for any offense related to animal cruelty or negligence, nor have I been denied any local, state, or federal license related to the breeding or sale of animals.

I will maintain safe and sanitary conditions for all of the animals in my care.

I will not inbreed or closely line breed my dogs, including but not limited to: brother/sister, mother/son, father/daughter.
I will ensure that each of the animals in my care receives prompt, proper, and consistent veterinary care, including annual check-ups.

SECURITY
We treat information as an asset that must be protected and use lots of tools to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although we work hard to protect your privacy, we do not promise, and you should not expect that your personal information or private communications will always remain private and you agree to hold Pick A Puppy harmless should a breach of privacy occur on the site.

LICENSE AND SITE ACCESS
Pick A Puppy, Inc. grants you a limited license to access and make personal use of this site and not to download (other than page caching), or modify, any portion of it, except with express written consent of Pick A Puppy. The Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Pick A Puppy. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information, (including images, text, page layout, or form) of the Site or Pick A Puppy without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Pick A Puppy’ name or trademarks without the express written consent of Pick A Puppy. Any unauthorized use terminates the permission or license granted by Pick A Puppy. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray the Site or Pick A Puppy, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use the Site or Pick A Puppy’ logo or other proprietary graphic or trademark as part of the link without express written permission.

DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY
These terms and other policies posted on the Site constitute the entire agreement between Pick A Puppy, Inc. and you, as the Breeder, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Ohio, without regard to conflict of law provisions. You as the Breeder, hereby further agree to subject yourself to any Ohio Pet Sale laws, or to that of any governing statute determined to be applicable by any court of competent jurisdiction. You agree that any claim or dispute you may have against Pick A Puppy, its subsidiaries, joint ventures, and affiliates shall exclusively be resolved by a court located in the State of Ohio. Each party shall be responsible for their own attorney fees and costs. The Breeder agrees to indemnify and hold Pick A Puppy (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, law suit, expense or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party.

If Pick A Puppy does not enforce any particular provision, we are not waiving our right to do so later. If a court strikes any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion with providing you notice via the email address that you provide or by US Mail to the address you provide. We may update these terms at any time, with updates taking effect immediately after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by users and by us.

To the extent legally permitted, Pick A Puppy and its officers, directors, agents, subsidiaries, joint ventures and employees are not responsible for any loss, whether money (including profit), goodwill, or reputation, or any special, indirect or consequential damages arising out of your use of the Site even if you advise us or we could reasonably foresee the possibility of any such damage occurring.

Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to fifty US dollars ($50). By using the Site, you agree to the collection, transfer, storage of your personal information by Pick A Puppy on servers located in the United States, as further described in our privacy policy.

By using the Site, you agree to the collection, transfer, storage of your personal information by Pick A Puppy on servers located in the United States, as further described in our privacy policy.

When you visit the Site, send e-mails to us, complete registration applications for the listing of puppies, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PICK A PUPPY, INC. ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PICK A PUPPY, INC. MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PICK A PUPPY, INC. DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PICK A PUPPY, INC. DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVICES; OR E-MAIL SENT FROM PICK A PUPPY, INC. ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PICK A PUPPY, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.