This page contains our site policies, which includes:
TERMS AND CONDITIONS
USER GENERATED CONTENT TERMS AND CONDITIONS
COPYRIGHT INFRINGEMENT NOTIFICATION
Thank you for visiting this website (the “Site”) Please read the Terms and Conditions contained in this document carefully since any use of this site constitutes your acceptance of the Terms and Conditions set out herein. If you do not agree to these terms and conditions, please do not use this website.
Throughout this site, the terms “we”, “us”, “our”, “ Pick A Puppy” refers to this website. “You” refers to any person accessing and/or using this website.
In the event you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern as to the respective party’s relationship with you. In these instances, we will take steps to make the third party’s terms available to you before you begin to use the service, feature, or functionality.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PICK A PUPPY WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
Pick A Puppy is intended for people who are at least 18 years old. Persons under the age of 18 are prohibited from creating Pick A Puppy accounts, commenting, posting, responding to classifieds or any other activity on our site.
You affirm that you are either at least 18 years of age, or an emancipated minor, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms. In addition, you affirm that you have not been previously suspended or removed from the Services and do not have more than one account name in the classifieds section.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and in our sole discretion, terminate your right to use the Services, or any portion thereof, and block or prevent your future access to and use of the Services or any portion thereof.
Fees and Costs
It is free to browse in the classifieds for sale and to contact sellers. It is free to list an animal for sale/trade/adoption/free. There are fees for upgraded usage (see membership fees for more information).
The Services consist of interactive features and areas that allow users to create, post, transmit, and/or store content, including but not limited to photos, text, graphics, items, or other materials (collectively, “User Content”). You understand that you are responsible for all data charges you incur by using the Services. You also understand that your posted Content may be viewable by others and that you have no ability to control who can access such content.
You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Pick A Puppy is not responsible or liable for any User Content or claims arising therefrom. While we are not obligated to do so, we reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
You agree to provide true, accurate, current, and complete information about yourself and to maintain and promptly update any Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or Pick A Puppy has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Pick A Puppy has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
You retain all ownership rights in your User Content. However, by submitting User Content to Pick A Puppy, you hereby grant us an irrevocable, nonexclusive, worldwide, perpetual, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, edit, publish, create derivative works from, distribute, perform, promote, exhibit, and display such User Content in any and all media or distribution methods, now known or later developed (the “User Content License”). Without limiting the foregoing, when you submit User Content to Pick A Puppy, you agree that the User Content License accords Pick A Puppy the right to sublicense such User Content to other companies, organizations, or individuals in any and all media or distribution methods, now known or later developed. No use of User Content in accordance with the User Content License shall entitle you to any compensation from Pick A Puppy, or any other companies, organizations, or individuals.
Please Note: These terms and conditions may be revised by Pick A Puppy by updating this posting – Please read them carefully.
- Accuracy, completeness and timeliness of information We are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
- Submissions to this Site Any non-personal communication or material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“Submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of us and we may use and reproduce such Submission freely, and for any purpose. Specifically, Pick A Puppy is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that our use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Pick A Puppy is under no obligation to use the information submitted.
- Intellectual Property Rights All copyright, trademarks and other intellectual property rights in all text, images and other materials on this website are the property of Pick A Puppy or are included with the permission of the relevant owner.
You are permitted to browse this website, but may not reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. No reproduction of any part of this website may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that Pick A Puppy will vigorously enforce its intellectual property rights to the fullest extent of the law.
- Links to Other Websites Links on the Pick A Puppy websites may take you outside the Pick A Puppy network and systems and Pick A Puppy accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Pick A Puppy cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Pick A Puppy. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
- Warranties and Disclaimers
Your use of this website is at your own and exclusive risk. Warranties
THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, Pick A Puppy MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM US THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
- Pet Health, Fitness, Nutrition, pet industry news, This Site may from time to time contain information relating to news, nutrition and various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problem or disease. You should always consult your own veterinarian and/or veterinary advisors.
- Limitation of Liability Pick A Puppy and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
Pick A Puppy shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, Pick A Puppy shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk. Although Pick A Puppy may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Pick A Puppy is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.
To the maximum extent permitted by applicable law, you expressly waive all claims against Pick A Puppy, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
- Prohibited Activities You are prohibited from doing any act that Pick A Puppy in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals • Using this website to defame or libel Pick A Puppy, its employees or other individuals or acting in such a way that brings into disrepute the good name of Pick A Puppy; • Uploading files that contain viruses that may cause damage to the property of Pick A Puppy or the property of other individuals; and Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Pick A Puppy’s or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.
- Export Restrictions Software from this Site may be further subject to United States Export laws, rules and regulations, as amended from time to time. No software from this Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, Sudan or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
- Mobile Services If Pick A Puppy permits or makes available to you the ability to: (a) upload content to the website via your mobile telephone and/or tablet (‘mobile device”), (b) receive and reply to messages, or to access or make posts using text messaging, (c) browse the site from your mobile device or (d) to access features through a mobile application you have downloaded and installed on your mobile device (collectively “Mobile Services”), your mobile carrier’s standard data, Internet, messaging and other service fees and charges apply to your use of, and access to, the Mobile Services, and you are solely responsible for all such fees and charges. The Mobile Services may not be compatible with all mobile devices, carriers, and services, and Pick A Puppy does not make any representations or warranties regarding such compatibility. You are solely responsible for ensuring that your mobile device is compatible with the type of content being provided through the Mobile Services. You understand that content delivered as part of the Mobile Services may be delivered to your device through premium mobile services and acknowledge that you are solely and exclusively responsible for any charges for such services, including but not limited to any roaming charges.
You may be given the option to register to receive commercial messages from Pick A Puppy via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided (i) in the wireless messages or (ii) on the website where you registered to receive such messages.
You and Pick A Puppy agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of the State of Florida, United States of America, without giving effect to its choice-of-law provisions, and be submitted to the exclusive jurisdiction of the courts of the State of Ohio, United States of America.
- Legal notice update We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
COPYRIGHT INFRINGEMENT NOTIFICATION
Pick A Puppy is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Pick A Puppy will promptly process and investigate notices of alleged infringement and will take appropriate actions.
USER GENERATED CONTENT TERMS AND CONDITIONS Pick A Puppy owns and/or operates various websites that permit users (hereinafter “Members” or “Users”) to submit or publish content (“User-Generated Websites”). Such websites may include, but are not limited to, message boards, blogs, social networks, and comment boards. By registering or using any User-Generated Websites, you accept and agree to the following Terms and conditions for User-Generated Content.
Eligibility and registration As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are solely responsible for any and all uses of your username, password, and account.
Appropriate conduct and content; personal use only User-Generated Websites are made available for your personal, non-commercial use only. User-Generated Websites may not be used for any commercial or promotional purpose.
By acceptance of these User-Generated Websites Terms and Conditions, you agree that any information you provide about yourself and your pets is accurate and complete information at the time provided. In particular, you represent that you are 18 years of age or older. In addition, you agree to update any information provided to User-Generated Websites to keep it accurate and complete. If you become a member of a User-Generated Website, your failure to accurately and completely provide, and timely update, information about yourself is reasonable grounds for suspension or termination of your membership.
You may not use User-Generated Websites for any illegal or unauthorized purpose. International users agree to comply with all local rules regarding online conduct and acceptable content, including laws regulating the export of data from the United States or your country of residence. You are solely responsible for your conduct and any data, text, information, photos, links and other content (“Materials”) that you submit, post, and display on User-Generated Websites.
We may without notice to you, but shall have no obligation to, refuse, edit, and/or remove Materials that we determine in our sole discretion are unlawful, fraudulent, threatening, libelous, defamatory, obscene or otherwise objectionable, or infringing or violating any party’s intellectual property or other proprietary rights or these User-Generated Websites Terms and Conditions. We also reserve the right in our sole discretion to refuse, edit, and/or remove any content that may be deemed by any User-Generated Website community to be inappropriate without providing you notice.
Children’s privacy We are committed to protecting the privacy of children. The User-Generated Websites are not intended or designed to attract children under the age of 18. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 18.
Examples of illegal or unauthorized uses include, but are not limited to: Modifying, adapting, translating, or reverse engineering any portion of the User-Generated Websites; using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of User-Generated Websites; collecting any information about other Members (including usernames and/or e-mail addresses) for unauthorized purposes; reformatting or framing any portion of the web pages or site images that are part of User-Generated Websites; creating user accounts by automated means or under false or fraudulent pretenses; creating or transmitting unwanted electronic communications such as “spam,” or chain letters to other Members or otherwise interfering with other Member’s enjoyment of the service; submitting Materials of any third party without such third party’s prior written consent; submitting Materials that falsely express or imply that such Materials are sponsored or endorsed by User-Generated Websites; submitting Materials that infringe, misappropriate or violate the intellectual property, publicity, privacy or other proprietary rights of any party; transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature; submitting Materials that are unlawful or promote or encourage illegal activity; displaying an advertisement as part of your or your pet’s profile; any automated use of the system, including the use of scripts to send messages or post comments; or submitting false or misleading information.
While Pick A Puppy prohibits such conduct and content on its User-Generated Websites, you understand and agree that you nonetheless may be exposed to such Materials and that you use User-Generated Websites at your own risk.
Changes to Terms and Conditions for User-Generated Content We reserve the right to modify or terminate any User-Generated Website or service therein for any reason, and without notice, without liability to you, any other Member, or any third party. We also reserve the right to modify these Terms and Conditions for User-Generated Content from time to time without notice. You are responsible for regularly reviewing these Terms and Conditions for User-Generated Content so that you will be apprised of any changes.
License to Use Materials By submitting, posting, or displaying any Materials on or through User-Generated Websites, you automatically grant Pick A Puppy a worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such Materials on the User-Generated Websites website and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by Pick A Puppy or its agents in connection with the promotion, marketing, use, or expansion of any User-Generated Websites.
You represent to Pick A Puppy that you own all Materials you provide and/or have the unencumbered legal right to grant the above-referenced license with respect to all Materials you provide. You further represent to Pick A Puppy that such materials do not infringe any third party copyrights or other third party intellectual property rights. You agree to indemnify Pick A Puppy for any and all loses resulting from the invalidity or inaccuracy of such representation.
Except as expressly authorized by User-Generated Websites, you may not copy, modify, publish, transmit, distribute, perform, display or sell any of Pick A Puppy’s proprietary information, which includes the sum of all postings and photos to the site.
Please do not send to any User-Generated Website or post on any User-Generated Website forum anything that constitutes a trade secret, confidential or proprietary information. We are not in a position to accept such information, nor can we agree to obligations of nondisclosure or confidentiality with regard to submitted plans or ideas. You agree that any information or materials that you, or individuals acting on your behalf, provide to any User-Generated Website will not be considered confidential or proprietary.
User-Generated Websites includes information and content generated from a wide variety of sources, including board certified veterinarians, trainers, and other professional service providers, as well as, other Users. Users should understand that User-Generated Websites is a place to review and share information — but the information has not been verified for accuracy and does not represent the opinions or positions of Pick A Puppy. Pick A Puppy cannot guarantee the timeliness, accuracy, efficacy, or veracity of any information provided at User-Generated Websites, nor the efficiency or applicability of any advice, opinions or content as they may be interpreted and applied to your pet. Pick A Puppy’s personnel are not and will not be responsible for any misleading, false, or otherwise injurious information and advice communicated on User-Generated Websites, or for any results obtained from the use of such information or advice. Pick A Puppy and its personnel will not be liable for any loss or damage suffered by a User through the User’s reliance on information, content and advice appearing on our website.
USER-GENERATED WEBSITES ARE BEING MADE AVAILABLE TO YOU “AS IS,” WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
Standard Terms and Conditions for Pick A Puppy Sites In addition to these User-Generated Websites Terms and Conditions, you agree to be bound by Pick A Puppy’s standard Terms and Conditions for its websites, as the same may be modified and updated from time to time, with respect to your use of User-Generated Websites.
Pick A Puppy grants a nonexclusive, limited permission (“Permission”) to display the Trademarks contained in Pick A Puppy domain names, brand names and logos to the owner(s) of any web sites (“Owner”) that would like to develop a link between their site and the corresponding web site owned by Pick A Puppy (“ Pick A Puppy Sites”). The materials on Owner’s site shall not imply any association with or relation to Pick A Puppy or imply in any way that any materials from Pick A Puppy Sites are maintained within Owner’s web site.
No changes or modifications to the Pick A Puppy domain names, brand names or logos may be made. Use of the Pick A Puppy domain names, brand names or logos for purposes other than linking to Pick A Puppy Sites is expressly forbidden. The domain names, brand names and logos must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Pick A Puppy and its products. Pick A Puppy retains and reserves all rights in and to Pick A Puppy‘s trade names, trademarks, copyrights and all other intellectual property with respect to its domain names, brand names and logos. Pick A Puppy reserves the right to cancel the Permission at any time and for any reason. Upon receipt of such notification, use of the domain names, brand names or logos must cease and the link between the web sites must terminate. Use of Pick A Puppy trademarks, trade names, logos, copyrighted material or any other intellectual property of Pick A Puppy for any purpose not stated herein is expressly forbidden.
All materials are provided “”AS IS,”” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Pick A Puppy shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of links, domain names, brand names or logos, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. The granting of this Permission does not indicate nor should it be construed in any way to represent an endorsement by Pick A Puppy of any materials on a web site containing a Pick A Puppy domain name, brand name or logo or any other Pick A Puppy intellectual property.
Pick A Puppy controls and operates its web sites in the United States of America. Pick A Puppy in no way implies that the domain names, brand names or logos are appropriate or available for use outside of the United States. If you use our materials from locations outside of the United States, you are responsible for compliance with any applicable laws. Pick A Puppy may at any time revise this Linking Policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current Linking Policy to which you are bound.
The display of Pick A Puppy domain names, brand names and logos on the web site indicates the agreement by the web site Owner to the foregoing terms and conditions.
BREEDER, SELLER, BUYER – ADDITIONAL TERMS AND CODE OF CONDUCT
- What Information Do We Collect From And About You? We collect two types of information from visitors to the Sites: Personally Identifiable Information; and (2) Non-Personally Identifiable Information. Personally Identifiable Information
“Personally Identifiable Information” is information that identifies you personally, such as your name, address, telephone number, email address, or company name. Pick A Puppy collects and stores the personally identifiable information that you have provided to us. Here are some examples of manners in which we may collect your personally identifiable information on the Sites: • We may collect your email address, first and last name and zip code if you sign up for an online newsletter; • We may collect your email address if you contact us with a question; • We may collect your first and last name, date of birth and email address if you choose to participate in a contest or sweepstakes; • We may collect your first and last name, your address, and your credit card and billing information if you make a purchase of a product from us; and • We may collect your email address, first and last name, address, phone number, and your household information if you apply to obtain a pet via our site.
The above list provides an example of the personally identifiable information that may be collected on the Sites. If you do not want Pick A Puppy to collect your personally identifiable information, please do not provide it to us.
(2) Non-Personally Identifiable Information “Non-Personally Identifiable Information” can be technical information or it can be demographic information, such as your age, gender or interests. Non-personally identifiable information does NOT identify you personally. Here are some examples of the non-personally identifiable information that is collected via the Sites and a description of how this information is used: • Internet Protocol (IP) address – Your IP address is a number that lets computers attached to the Internet know where to send you data – such as the webpages you view. We use this information to deliver our webpages to you upon request, to tailor our Sites to the interests of our users and to measure traffic within our Sites. • Demographic Information – “Demographic Information” may be your gender, age, zip code and interests, which you voluntarily provide to us on the Sites. We use this information to provide you with personalized services and to analyze trends to ensure the information provided by the Sites meets your needs. Please note that we also consider aggregated information, which is not personally identifiable, to be non-personally identifiable information. We collect non-personally identifiable information from all visitors to our Sites. If you do not want Pick A Puppy to have access to this information, please do not visit our Sites.
- Tools We Use We may use tracking tools such as cookies, web beacons and other technologies to serve you with interest-based advertising and to better understand your behaviors and browsing activities. We might permit third parties, including third party advertisers, to gather information passively on our websites, including for behavioral advertising purposes. We collect personal information about users over time and across different Web sites when you use this Web site or service. We also have third parties that collect personal information this way. You can opt-out of online behavioral advertising by going to www.aboutads.info/choices.
You can control cookies and tracking tools. Your browser may give you the ability to control cookies. How you do so depends on the type of cookie. Certain browsers can be set to reject browser cookies. If you block cookies on your browser, certain features on our sites may not work. If you block or delete cookies, not all of the tracking that we have described in this policy will stop. Some browsers have a “Do Not Track” feature that lets you tell websites that you do not want to have your online activities tracked. These features are not yet uniform, so we are not currently set up to respond to those signals.
- Cookie – A “cookie” is a small text file that may be used to collect information about your activity on the Sites. For example, when someone visits a page within the Sites, a cookie is placed on the user’s machine (if the user accepts cookies) or is read if the user has visited the Sites previously. . Please check your browser to determine where these types of cookies are stored and how they may be deleted. Some of the cookies we use may be flash cookies or Adobe cookies and depending on your browser these cookies may not normally be deleted when your cookies are deleted.
- Web Beacons (also known as “clear gifs,” “web bugs” or “pixel tags”) – “Web Beacons” are tiny graphics with a unique identifier, similar in function to cookies, and are used to allow us to count users who have visited certain pages of the Sites and to help determine the effectiveness of promotional or advertising campaigns. When used in HTML-formatted email messages, web beacons can tell the sender whether and when the email has been opened. In contrast to cookies, which are stored on a user’s computer hard drive, web beacons are embedded invisibly on web pages.
You can control tools on your mobile devices. For example, you can turn off the GPS locator or push notifications on your phone for some of our mobile apps that might have such notifications.
- How We Use Information Collected Via the Sites Personally Identifiable Information. We may use your personally identifiable information that is collected on these Sites primarily for the following purposes:
(2) Non-Personally Identifiable Information Non-personally identifiable information is used as described above and in other ways as permitted by applicable laws.
- Sharing and Disclosure of Information (1) Personally Identifiable Information We may share or disclose your personally identifiable information in the following instances: (i) To fulfill a service to you. For example, if you choose to watch an educational program on the Sites, we may share your personally identifiable information in order to provide the program to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personally identifiable information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
(ii) To subsidiaries, affiliates, strategic partners, agents, third party marketers or other unaffiliated parties who are offering products or services that we believe may be of interest to you or who require your personally identifiable information for research, administrative and/or internal business purposes. These parties may use your personally identifiable information to contact you with an offer or advertisement related to a product or service, or they may use such information for their own research, administration or business purposes. If you do not want us to share your personally identifiable information in this manner, please do not provide us with this information.
(iii) To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Sites and provide other administrative services to us (including, but not limited to, order processing and fulfillment, providing customer service, maintaining and analyzing data, sending customer communications on Pick A Puppy’s behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personally identifiable information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Sites will have access to users’ personally identifiable information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personally identifiable information to us.
(iv) To complete your purchase. If you choose to make a purchase on the Sites, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personally identifiable information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
(v) To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property, including the rights and property of Pick A Puppy and its family of Sites or act in urgent circumstances to protect the personal safety of our end users.
(vi) To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
(vii) To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
(viii) To protect against potential fraud, we may verify with third parties the information collected from these Sites. In the course of such verification, we may receive personally identifiable information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.
(2) Non-Personally Identifiable Information We use non-personally identifiable information collected on the Sites in the manner disclosed above, in the Section A (2). We may share this non-personal information with third parties.
- How to Opt-Out and Edit Information We provide you the opportunity to exercise an opt-out choice if you do not want to receive promotional communications from us, such as emails or updates from us regarding new services and products offered on this Site or if you do not want us to share your personally identifiable information with third parties.
To stop receiving our promotional emails, follow the instructions in any promotional message you get from us. Even if you opt out of getting marketing messages, we will still send you transactional messages. These include responses to your questions or information about your account or purchases. If you would prefer that we do not share your information with third parties.
Some of our sites may also let you modify your account profile.
- Forums, Chat Rooms and Other Public Posting Areas Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
- Third Party Web Sites This statement applies solely to information collected on the Sites. The Sites may contain links to other web sites. We are not responsible for the privacy practices or the content of these other web sites.
- Third Party Advertisers We may use advertisers, third party ad networks, and other advertising companies, to serve advertisements on the Sites. Please be advised that such advertising companies may gather information about your visit to the Sites or other sites (such as through cookies, web beacons and other technologies) to enable such advertising companies to market products or services to you, to monitor which ads have been served to your browser and which webpages you were viewing when such ads were delivered. PLEASE NOTE THAT THIS POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION BY SUCH ADVERTISING COMPANIES.
- Assignment In the event that all or part of our assets or sold or acquired by another party, or in the event of a merger, you grant us the right to assign the personally identifiable and non-personally identifiable information collected via the Sites.
- Security No data transmissions over the Internet can be guaranteed to be 100% secure. Consequently, we cannot ensure or warrant the security of any information you transmit to us and you understand that any information that you transfer to Pick A Puppy is done at your own risk. We make reasonable efforts to ensure security on our systems
- THESE SITES AND CHILDREN; AGE SCREENING We won’t knowingly allow anyone under the age of eighteen to register with any of our Sites, or to access those features that require registration. If we become aware that we have inadvertently received personally identifiable information from a user under the age of eighteen, we will delete the information from our records as soon as we discover it.
Disputes 1) Indemnification By agreeing to these Terms you agree to indemnify, defend, and hold harmless Pick A Puppy, our managing members, officers, shareholders, employees, affiliates, parent companies, subsidiaries, licensors, and suppliers (the “ Pick A Puppy Parties”) from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to (a) your access to or use of the Services; (b) any User Content you post or is posted, upload, use, distribute, store, or otherwise transmit through the Services; (c) your violation of these Terms; (d) your violation of the rights of another, including without limitation, any intellectual property right, publicity, confidentiality, privacy, or propriety right; or (e) your violation of any statutes, codes, ordinances, laws, rules, regulations, including without limitation, all regulatory, administrative, and legislative authorities.
2) Limitation of Liability Except where prohibited by law, in no event will Pick A Puppy or the Pick A Puppy Parties be liable for any indirect, special, punitive, incidental, exemplary, or consequential damages that result from (a) the use of, or inability to use, the Services; (b) the provision of the Services or any materials available therein; or (c) the conduct of other users of the Services, even if Pick A Puppy has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Pick A Puppy for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Pick A Puppy is found liable to you for any damage or loss that arises out of or is in any way connected with your use of the Services or any content, Pick A Puppy’s liability shall in no event exceed the amount you paid for the Services or $1.00, whichever is greater. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
3) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Pick A Puppy, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by Pick A Puppy that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Pick A Puppy are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. This Arbitration Agreement applies to you and Pick A Puppy, and to any subsidiaries, parent companies, affiliates, agents, officers, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms. • Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules conflict with the Terms (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at http://www.adr.org/consumer or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than twenty-five thousand U.S. dollars (US $25,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is twenty-five thousand U.S. dollars (US $25,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. • Additional Rules for Non-appearance Based Arbitration. If non-appearance arbitration is elected as provided above, the arbitration shall be conducted by telephone, online, and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. • Authority of the Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Pick A Puppy, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Pick A Puppy. • Waiver of Jury Trial. YOU AND Pick A Puppy HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Pick A Puppy in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Pick A Puppy WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge. • Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. Notwithstanding any other provision in these Terms, in the event that this subparagraph is deemed invalid or unenforceable, neither you nor we are entitled to arbitration and instead all claims and disputes shall be resolved in a court located in the state of Ohio. • Confidentiality. No part of the procedures shall be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order or unless required by law. Notwithstanding the foregoing, no party shall be prevented from submitting to a court of law any information necessary to enforce this Arbitration Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief. • Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement. • Small Claims Court. Notwithstanding the foregoing, either you or Pick A Puppy may bring an individual action in small claims court. • Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located in the state of Ohio, for such purpose. • Survival. This Arbitration Agreement will survive the termination of your relationship with Pick A Puppy.
4) Forum and Venue A lawsuit, if any, by you or Pick A Puppy against the other will occur in state or federal court in the state of Ohio. You and Pick A Puppy agree that the jurisdiction and venue of these courts is exclusive. Applicable Law
Any dispute between you and Pick A Puppy will be governed by these Terms and the laws of the State of Ohio and applicable United States law, without giving effect to any conflict-of-laws principles that may provide for the application of the law of another jurisdiction.
Severability If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.