Terms and conditions

IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE PICK A PUPPY SITE

This site is operated by Pick A Puppy, Inc. an Ohio company.

Usage of the Pick A Puppy Site– You must be at least 18 years of age to use Pick A Puppy site. By accessing, usage, and/or submitting of the site you represent that you are not younger than 18 years of age.

Payment– you agree that the payment you provide to the Pick A Puppy site to purchase a puppy (i.e. Credit cards or other payment) is guaranteed by you, is in your name, reflects your legal name, your legal address, and that you are legally entitled to use the card as payment for purchases.

Content– Pick A Puppy retains full and complete title of all information and materials provided on or through

Written Warrantees and Site Terms- Pick A Puppy site users acknowledge that he/she has read the terms and conditions as well as the warrantees, guarantees, and services as listed on the Pick A Puppy site in full and has not relied on any oral representations contrary to the terms set forth on the site. You may not copy, modify, reproduce, adapt, distribute, frame, republish, upload, display, post, transmit, transfer or sell any Pick A Puppy content in any form or by any means.

Breed Descriptions– The breed descriptions noted on our site are a generalized example of the breed and does not reflect or represent any individual puppy.  As is with living things, a puppy will have its own personality and looks that may or may not conform to breed descriptions of personality, conformation, color, size, weight, lifespan, health, activity level, etc. or any other general description of a breed.

Pet Quality– The puppies listed and any puppy purchased is pet quality only, and purchased only as a pet. The puppies listed on our site reflect companion pets only. Pick A Puppy and the sellers do not represent, express or implied that any puppy will be show or breeding quality.

Health Warranty– Pick A Puppy Inc. mandates the Pet Guarantee and all of its terms and conditions as listed on the site. Its purpose is to offer protections to the purchaser.  The Pet Warranty takes effect upon delivery of the puppy and other requirements as listed on the site and is null and void should any terms or conditions not be met by the purchaser. If the purchaser declines to accept any of the terms and conditions of the health warranty, the purchaser releases Pick A Puppy from any and all further claims and waives any rights to pursue any claims against Pick A Puppy.

Guarantee: Pick A Puppy, Inc. incorporates as if fully set forth herein and made a part hereof it’s Pick A Puppy, Inc. Incorporated guarantees. All associated documents which are part of the purchase of this puppy are incorporated herein as if fully set forth herein.

Vaccinations and Medications-The purchaser is responsible to make sure that the puppy will be properly and appropriately vaccinated for rabies, distemper, hepatitis, parvo virus, bordatella and para-influenza during his lifetime and will be at least annually examined by a licensed veterinarian to maintain good health.

Final Sale– The purchaser understands that this is purchasing a puppy on Pick A Puppy, Inc. site is a final sale and the purchaser may not return the puppy for any reason, including personal reasons, including but not limited to, family disagreement, incompatibility with other pets or children, allergies, etc. The purchaser understands and agrees that the animal may not be returned for any reason, and that absolutely no refunds will be issued regarding this section of the guarantee.

Show or Breeding Quality– Pick A Puppy, Inc. is not responsible for the show or breeding quality of the puppy. This puppy is pet quality only and sold only as a pet, therefore, Pick A Puppy, Inc. takes no responsibility for the ultimate personality, weight, height, coloration, conformation, or breeding potential of the animal.

The Breeder– Pick A Puppy, Inc. is not responsible for the breeder/breeding of the puppy. Regulations and laws for breeding and breeders can vary from state to state and as such, Pick A Puppy Inc. takes no responsibility for the quality or level of care that this pet quality puppy may have received prior to its arrival to your home.

Other Pets– Pick A Puppy, Inc. takes no responsibility for any illness or veterinarian costs incurred due to any illness contracted by any pets that come in contact with the puppy. This puppy should be quarantined from any other pets for a period of at least two weeks due to certain health conditions that may not appear until after sale.

Limited Warranty– Pick A Puppy, Inc. takes no responsibility for illness or accident that may occur during the course of the puppy’s life or the treatment that may be deemed necessary to treat or sustain the puppy other than what is clearly stated on the site.

Purchaser Responsibility– The purchaser accepts the responsibility for providing this puppy with a nurturing and loving environment and agrees to provide the puppy with all of it’s physical, as well as emotional needs and routine medical care throughout its life. The purchaser understands that their failure to provide this puppy with the above can cause the puppy to be susceptible to stress, injury, disease, as well as future medical and/or behavioral problems.

A Living Thing– Pick A Puppy, Inc. does not guarantee that this puppy will be disease free throughout it’s entire lifespan nor does Pick A Puppy, Inc. guarantee the longevity of the puppy. The purchaser has been advised and is aware that they are purchasing a puppy, which is a living creature that is susceptible to disease, viruses, health conditions, illnesses, temperament/behavioral problems throughout its lifetime which can, just as in humans, be congenital, genetic, dietary, environmental in nature, or stress related. Like humans, many of these conditions are unable to be diagnosed or detected at an early age and may occur during the course of the puppy’s lifespan.

Temperament– Pick A Puppy does not provide any warranty to the purchaser as to the temperament of the puppy.

Physical Appearance– Pick A Puppy does not offer any warranty for physical appearance faults.

Non-Transferable– Pick A Puppy, Inc. offers these warranties/services only for the puppy delivered to the purchaser.  These protections are non-transferable and may be enforced only by the purchaser.

Registry of Puppy– The purchaser understands and agrees that the puppy is registerable only with the registry organization as described on the puppy listing page on the site, if applicable. Any applicable registration forms for the puppy will be provided to the purchaser by the seller at the time of delivery, with the puppy. Neither Pick A Puppy or the seller will provide any additional registration registration forms to the purchaser at a later date. If the puppy listed on the site is described as not having registration papers, then no registration forms will be provided to the purchaser by the seller, regardless of whether the parents of the puppy is registered.

SHIPPING

All puppies must be a minimum of eight weeks of age prior to shipping. Some breeders/sellers may hold their puppies longer, depending upon breed and size to ensure the puppy is ready to handle the stress of going to its new home.  On occasion, a puppy may not pass its final veterinary check in order to be shipped. If that should occur, the purchaser will be contacted by Pick A Puppy and the purchaser may choose to either wait for the puppy to be delivered at a later time (if that is an option), accept a credit of the purchase price for another puppy to be selected by the purchaser from the Pick A Puppy site, or to receive a refund of the purchase price. *All puppies listed on the Pick A Puppy site are available for shipping within the Continental United States only, unless otherwise arranged between Pick A Puppy, the breeder/seller, and the puppy purchaser, prior to purchase.

Shipping locations 

The continental United States (excludes Alaska, Hawaii and other US territories)

some parts of Canada (weather permitting) (specific breeder/sellers/puppies only) *contact Pick A Puppy for more information

some parts of Alaska   (weather permitting) (specific breeder/sellers/puppies only) *contact Pick A Puppy for more information

some other countries   (specific breeder/sellers/puppies only) *contact Pick A Puppy for more information

Pick A Puppy breeder/sellers do not ship to Hawaii due to restrictions/regulations.

Transportation details

*Transportation for the puppy to its new home may be in the form of a private or commercial transportation vehicle, or via commercial airlines, dependent upon the location of both the puppy and the puppy purchaser, to be decided at the sole discretion of the breeder/seller and at an additional shipping cost to the puppy purchaser.

*Whether by commercial ground transport or commercial airlines, shipping is not “door-to-door” service. Once transportation is arranged by the breeder/seller, the puppy purchaser will be notified as to the details of the shipping and the location where they will need to pick up their puppy, to be either a major airport or a pre-selected location for ground transport.

*It is expressly understood that Pick A Puppy and the breeder/seller have no control over airline routes and ground transportation routes, therefore the puppy purchaser must be available and make arrangements to pick up the puppy at the time and location as per arrangements made with the transportation company by the breeder/seller.

*All puppies listed on the Pick A Puppy site will be a minimum of eight weeks of age prior to shipping.

*Airlines and ground transportation companies have strict regulations regarding live animal transport, which may include; temperature minimums and maximums at both the departure and arrival location, weather conditions, etc. and other issues/regulations that are out of their control. These companies also have specific routes. Pick A Puppy and the breeder/seller have no control over cancellations of reservations or delays due to weather conditions, last minute flight/trip cancellations or delays, pick up locations, or any other transportation issue that may arise in the transportation to the puppy purchaser.

*Pick A Puppy does not make any shipping arrangements, that is the responsibility of the breeder/seller, therefore Pick A Puppy is not responsible for any issues that may arise from the shipper or the breeder/seller.

Shipping costs

All shipping fees (ground and air) are non-refundable unless the puppy is unable to be shipped due to a health related issue of the puppy. The fee for shipping will include a health certificate (if required) and a shipping crate (if required) as listed on the site and at check out for the continental United States only, or as quoted by phone or email for Alaska, Canada, other Countries.

Shipping to Alaska and Canada

*Some of the Pick A Puppy breeders/sellers offer shipping to parts of Alaska and Canada.

*Please inquire by email or phone to see if the puppy you want to purchase is available for shipping to those locations before you purchase.

*These locations are limited in flight availability due to weather conditions/temperatures certain times of the year.

Shipping outside the continental United States, (other than Alaska and Canada)

*Puppy purchasers from any areas outside of the continental United States should inquire directly to Pick A Puppy to ascertain if the breeder/seller will/can provide for shipping outside of this area.

*All inquiries for shipping outside of the Continental United States must be discussed by email or phone prior to selecting a puppy and making payment.

*Shipping outside of the Continental United States may necessitate the puppy to be older, depending upon regulations or duration of trip as well as possible stress on the puppy.

DNA Testing– Pick A Puppy, Inc. does not recognize DNA test results for the puppy named herein. DNA tests for dogs are not the same as humans and are designed by the manufacturers for entertainment value only and are not designed to be used as evidence for any courtroom proceedings or legal dispute. There is no chain of custody for testing for the testing laboratories. Further, multiple tests performed by multiple manufacturers can result in different findings for the same animal. The purchaser agrees that DNA test results shall not be considered valid to substantiate proof of either purebred or mixed breed results for the puppy named herein, or to be used as evidence in any courtroom or legal dispute between the parties.

Veterinarian Costs– Unless otherwise required by law, veterinarian costs incurred by the purchaser are not covered by Pick A Puppy and are the sole responsibility of the purchaser.

Training Tips Liability– All behavioral and training suggestions and tips are provided at your own risk. Use of the Pick A Puppy Training information on the site is voluntary and Pick A Puppy, Inc. is not responsible for any injury to any human or animal. The dog owner is at all times responsible for the actions of their dog. Pick A Puppy is not responsible for any injuries or expenses incurred resulting from any socialization, training, or lack thereof. The dog owner hereby agrees to hold harmless Pick A Puppy, Inc. The dog owner understands and agrees that any cancellation of use of the Pick A Puppy training tips shall not be monetarily reimbursable to the dog owner since this is a free service and as such has no monetary value and therefore the owner shall not seek restitution from Pick A Puppy.

Indemnification– You agree to indemnify and defend Pick A Puppy Inc. and its directors, officers, employees and agents from and against all losses, liabilities, actual or pending claims, actions, damages, expenses, costs of defense and reasonable attorneys’ fees brought against Pick A Puppy by any third-party arising from your use of the Pick A Puppy Site or any violation of these Terms, the rights of a third-party or applicable law. Pick A Puppy reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification hereunder. In any event, no settlement that affects the rights or obligations of Pick A Puppy may be made without Pick A Puppy’ prior written approval.

Disclaimer of Warranties and Limitations of Liability– Pick A Puppy warrants that Pick A Puppy has validly entered into these Terms and has the legal power to do so. You warrant that you have validly entered into these Terms and have the legal power to do so.

EXCEPT AS EXPRESSLY PROVIDED ABOVE, THE PICK A PUPPY SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. Pick A Puppy specifically disclaims all warranties and conditions of any kind, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement, freedom from defects, uninterrupted use and all warranties implied from any course of dealing or usage of trade. Pick A Puppy does not warrant that (a) the Pick A Puppy Site will meet your requirements, (b) operation of the Pick A Puppy site will be uninterrupted or virus- or error-free or (c) errors will be corrected. Any oral or written advice provided by Pick A Puppy or its authorized agents does not and will not create any warranty. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES WHICH MEANS THAT SOME OR ALL OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Dispute Resolution– The purchaser understands and agrees that any disputes hereunder are subject to the Arbitration Provision. These Terms are governed by and construed and enforced in accordance with the internal laws of the State of Ohio, without giving effect to the principles of conflicts of laws of such state, and are binding upon the parties hereto in the United States and worldwide.

YOU AND PICK A PUPPY AGREE THAT ALL CLAIMS WILL BE RESOLVED BY BINDING ARBITRATION IN THE MANNER SPECIFIED IN THIS SECTION AND THE ARBITRATION CLAUSE AND THAT YOU AND PICK A PUPPY WAIVE ANY RIGHT TO BRING SUCH CLAIMS BEFORE ANY COURT OF LAW.

YOU AND PICK A PUPPY FURTHER AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Reimbursement Liability– At no time will Pick A Puppy’s liability exceed the original purchase price of the puppy purchased, shipping fees excluded, nor be liable for any consequential damages of any kind.

Accuracy of Information– Pick A Puppy does not house or have any direct contact with any of the puppies listed on our website. Information regarding puppies posted on the Site is provided by the breeder/seller and is not checked for accuracy nor guaranteed to be accurate or complete. Pick A Puppy is not responsible for any issues that may arise from puppy information as listed on the site. We are also not responsible for any issues that arise regarding any of the organizations or individuals who breed/sell/provide/ship/deliver the puppies listed on our site. We try to make sure that the breeders/sellers are reputable, but we assume no responsibility for any actions any of these organizations or individuals may or may not take. Pick A Puppy, Inc. takes no responsibility for the accuracy of the information provided to us by the seller/breeder of the puppy listed for sale.

Privacy– You understand that Pick A Puppy does not and cannot guarantee that your use of the Pick A Puppy site and/or the information provided by you through the Site will be private or secure. Pick A Puppy is not responsible or liable to you for any lack of privacy or security you may experience. You are responsible for using the precautions and security measures best suited for your situation and intended use of the Pick A Puppy site. Pick A Puppy reserves the right at all times to disclose any information as Pick A Puppy deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

Usage of the Pick A Puppy site– you will not:

  • Create a false identity or impersonate any person, including falsely indicating that you are a representative of Pick A Puppy, official or representative, celebrity or public figure;
  • Transmit to or though the site any advertisement, solicitation, junk mail or other unsolicited or unauthorized commercial or promotional content;
  • Disrupt or attempt to disrupt the proper working of the site (e.g., by hacking into our servers or our social media accounts);
  • Restrict or inhibit any other person from using and enjoying the site;
  • Use any spambot, bot net or other bot, scraper or other automated means to access the site or transmit any virus, worm, Trojan or other malware to or though the site;
  • Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of any of the site;
  • “Frame” or “mirror” any part of any of the site unless you have our prior written authorization;
  • Post or transmit any material or engage in any other behavior or activity that is false, misleading, unlawful, offensive, disruptive, harmful or otherwise objectionable (as determined by Pick A Puppy); or

Assist any person in engaging in any of the activities described above.

Account Security– After opening a Pick A Puppy account, you accept all responsibility for any activity that occurs while logged into your account. You are responsible for making sure that you keep your password secure and safe. You agree that you will not share your password with others or do anything that might jeopardize the security of your account, including sharing your password with or logging in through unauthorized third-party applications or clients. If you use any such application or client, you acknowledge and agree that Pick A Puppy will bear no responsibility for any actions taken by those applications or clients, such as any breach of or unauthorized use of your account information or messages.

Modification to Services– Pick A Puppy reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension, or discontinuance of the Services or any part thereof.

Third-Party Websites– This Site may contain links to third-party websites and services, including social media (collectively, “Linked Sites”). Linked Sites are not under the control of Pick A Puppy and Pick A Puppy is not responsible for Linked Sites or for any information or materials on, or any form of transmission received from, any Linked Site. The inclusion of a link does not imply endorsement by Pick A Puppy of the Linked Site or any association with the operators of the Linked Site. Pick A Puppy does not investigate, verify or monitor the Linked Sites. Pick A Puppy provides links to Linked Sites for your convenience only. You access Linked Sites at your own risk.

Additional Terms– Pick A Puppy may offer certain services, such as mobile applications, sweepstakes, offers contests and other services, which may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. If any additional term is irrevocably inconsistent with any provision of these Terms, the additional term will prevail.

Changes of Terms– We reserve the right to change these terms at our sole discretion at any time and without notice. Your continued use of the Pick A Puppy site constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions of the Terms. For this reason, we encourage you to review these Terms any time you access or use the Pick A Puppy site and to print out a copy of these Terms for your records.

Other Provisions-Under no circumstances will we be held liable for any delay or failure in delivery or failure in performance due in whole or in part to any acts of nature or any other causes beyond our control.

California Residents– If you are a California resident are a registered user of any of the Pick A Puppy Site, then you may request that we remove any Submission you publicly posted on or in the site. To request removal of a Submission, please send an email with a detailed description of the specific Submission. Pick A Puppy reserves the right to request that you provide information that will enable us to confirm that the Submission that you want removed was created and posted by you.

Pick A Puppy will make a good faith effort to delete or remove your Submission from public view as soon as reasonably practicable. Please note, however, that your request that we delete your Submission does not ensure complete or comprehensive removal of your Submission. Your Submission may remain on backup media, cached or otherwise retained by Pick A Puppy for administrative or legal purposes or your Submission may remain publicly available if you or someone else has forwarded or re-posted your Submission on another website or service prior to its deletion. Pick A Puppy may be required by law to not remove or allow removal of your Submission. With respect to any electronic commercial service (as defined under California Civil Code Section 1789.3) offered on or through the Pick A Puppy site, California residents are entitled to the following specific consumer rights information:

The provider of the Pick A Puppy Site is:

Pick A Puppy, Incorporated

P.O. Box #122

Englewood, Ohio, 45322

To file a complaint or to receive further information regarding use of the website, send a letter to the attention of “Legal Department” at the above address or contact Pick A Puppy via e-mail (with “California Resident Request” as the Subject Line). BY USING THE Pick A Puppy site, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

Claims of Copyright Infringement– We respond to notices of alleged infringement including by removing or disabling access to material claimed to be the subject of infringing activity. If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement or that your intellectual property rights otherwise have been violated on or through the Pick A Puppy site, please send your claim or notice of infringement to us by email or regular mail.

Laws and Jurisdiction Issues– You are responsible for compliance with all applicable laws. Pick A Puppy reserves the right to limit the availability of the Site and Content to any person or geographic area at any time.

Termination– These Terms automatically terminate when you fail to comply with any term or condition of them. Pick A Puppy may terminate or modify your access to the site, with or without notice to you, at any time for any reason. Termination will not limit any of Pick A Puppy’ other rights or remedies and all other terms will survive termination of these Terms.

Taxes– You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with use of the Pick A Puppy Site by any taxing authority.

Use of our site, services, purchases are at your own risk-

YOU AGREE THAT IN NO EVENT WILL MARS BE LIABLE (Y) FOR DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS OR BUSINESS INTERRUPTION), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER ARISING IN ANY WAY IN CONNECTION WITH THESE TERMS AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE), EVEN IF PICK A PUPPY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PICK A PUPPY SITE, SERVICES, OR PURCHASE.

The foregoing disclaimer of liability will not apply to the extent prohibited by applicable law in the jurisdiction of your place of residence.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Arbitration Provision

1. The pet that you are purchasing is guaranteed to have all age appropriate vaccines and wormings. The pet that you are purchasing is pet quality only, and purchased only as a pet.  Pick A Puppy Inc. (PAP) incorporates as if fully set forth herein and made a part hereof it’s Pick A Puppy guarantees.  All associated documents and terms and conditions are part of the purchase of this pet are incorporated herein as if fully set forth herein.

2.  BREACH:  If any clause of this sale or of the terms and conditions is breached, all other clauses remain in effect and PAP is entitled to all legal and other expenses incurred in enforcing the terms of the contract.

3.  ARBITRATION PROVISION:  Purchaser agrees that any claims arising from or relating to these contracts or related agreements, or relationships, including the validity, enforceability, arbitrability or scope of this Provision, at your or our election, are subject to arbitration.  This includes, without limitation, claims in contract, tort, regulation, ordinance or in equity or otherwise, any and all State and Federal Statutory claims and rights asserted by you against us, PAP, and/or any of our affliliates and/or any of our employees, officers, successors, assigns, or against any third party providing any product or service in connection with the purchase contracts that you name as a co-defendant in any action against any of the foregoing.   This Provision for Arbitration applies except where it is prohibited by law.  However, only a Court (and not an arbitrator) shall determine the validity and effect of this Provision’s ban on class actions, class wide arbitrations and similar proceedings (which appears in bold type below) (the “Class Action Waiver”).  Any arbitration shall be administered by either of the following Administrators selected by the party initiating the arbitration:  The American Arbitration Association, 335 Madison Avenue, New York NY 10017, www.adr.org and/or arbitrators authorized by the Superior Court of Ohio.  In all cases, the arbitrator must be a lawyer with at least ten years of experience or a retired judge.  Such claims shall be resolved in accordance with (ii) the administrators rules and procedures in effect at the time the claim is filed: and (iii) this provision.  Any arbitration hearing at which you appear shall be conducted at a location that is reasonably convenient to PAP Inc.  The arbitrator shall apply applicable substantive law consistent with the Ohio law concerning arbitration and shall award such remedies, if any, that would be available in court if arbitration had not been elected.  The arbitrator shall follow applicable statutes of limitations and shall honor claims of privilege recognized at law and the timely request of either party, shall provide a brief written explanation of the basis for the award.  Each party shall bear the expense of its attorneys, experts, and witnesses, regardless of which party prevails in the arbitration, unless applicable law and law/or the purchase contract gives a party the right to recover any of those fees from the other party.  We, the covered parties and you are prohibited from participating in a class action or private attorney general action in court or class wide arbitration with respect to any claims we, the covered parties or you have asserted against one another or other beneficiaries of this provision.  There should also be no joinder or consolidation of parties, except for multiple parties to this purchase contract.  

In the event of a conflict or inconsistency between this provision, on the one hand, and the applicable arbitration rules of the administrator or the other provisions of the purchase contract on the other hand, this provision shall govern.  If any portion of this provision is deemed invalid or unenforceable under any law or statute consistent with the consumer fraud act, it shall not invalidate the other provisions of this provision or this purchase contract; provided however that if the class action waiver is deemed invalid, then this entire provision shall be null and void, subject to the right of any party to appeal the determination of invalidity with respect to the class action waiver.  NEITHER YOU NOR WE NOR ANY COVERED PARTY WILL HAVE THE RIGHT TO LITIGATE ANY CLAIM IN COURT, TO HAVE A JURY TRIAL ON THAT CLAIM TO PURSUE ANY AND ALL STATE AND FEDERAL STATUTORY CLAIMS OR REMEDIES OUTSIDE OF THE ARBITRATION PROCESS ENGAGE IN PREARBITRATION DISCOVERY EXCEPT AS PROVIDED FOR IN THE RULES OF THE ADMINISTRATOR; OR TO PARTICIPATE AS A REPRESENTATIVE OR MEMBER OF ANY CLASS OF CLAIMANTS PERTAINING TO SUCH CLAIM.  THE ARBITRATORS DECISION WILL BE FINAL AND BINDING EXCEPT FOR A LIMITED RIGHT TO APPEAL AS PROVIDED IN THE OHIO STATUTES CONCERNING ARBITRATION. Judgement upon the award may be entered in any court in Ohio having jurisdiction.  This provision will survive your full payment of the purchase contract, and any other remedies offered within the documents concerning the purchase of the pet and your “or our” bankruptcy.

4.  The laws of the State of Ohio shall govern this Agreement.

COPYRIGHT PROTECTION

It is expressly stated that you may not copy, modify, reproduce, adapt, distribute, frame, republish, upload, display, post, transmit, transfer or sell any Pick A Puppy content in any form or by any means without asking for prior written request and approval from Pick A Puppy.