Overview
This website is operated by PUCKIPUPPY. Throughout the website, the terms "we," "us," and "our" refer to PUCKIPUPPY. PUCKIPUPPY provides you (the user) with this website, including all information, tools, and services provided on the website, subject to your acceptance of all terms, conditions, policies, and notices stated here.
By accessing our website and/or purchasing goods from us, you engage in our "Service" and agree to be bound by the following terms and conditions ("Service Terms," "Terms"), including any additional terms and conditions and policies referenced and/or made available via hyperlink. These Service Terms apply to all users of the website, including but not limited to browsers, vendors, customers, merchants, and/or content contributors.
Please read these Service Terms carefully before accessing or using our website. By accessing or using any part of the website, you agree to be bound by these Service Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Service Terms are considered an offer, acceptance is expressly limited to these Service Terms.
Eligibility
The Service is only available to individuals who are at least 16 years old or the higher age required by your jurisdiction to use the Service. If you have not reached the legal age to enter into a binding contract in your jurisdiction, you represent that your parents or legal guardians have reviewed and agreed to these terms on your behalf.
Proprietary Rights and Licenses
All logos, trademarks, or registered trademarks, service marks, product or company names of PUCKIPUPPY in the United States and/or other countries/regions are the property of PUCKIPUPPY. Other logos, trademarks, service marks, product or company names mentioned in this document are the property of their respective owners.
All images, illustrations, designs, photographs, video clips, text, icons, research, insights, portfolios, reports, written information, and other materials appearing on this website, as well as all other applications developed for PUCKIPUPPY's products or services (collectively referred to as "Content"), are subject to copyright, trademark, service mark, trade dress, and other intellectual property rights or licenses held by PUCKIPUPPY. Unless otherwise specified in the terms or any additional terms, the use of the Content, trademarks, service marks, trade dress, and copyrighted materials displayed on this website is strictly prohibited. No rights, title, or interest in any downloaded materials are transferred to you as a result of any such downloading. You may not copy, download, reproduce, modify, publish, distribute, transmit, transfer, create derivative works from, or otherwise exploit the Content unless expressly permitted by the terms or additional terms. PUCKIPUPPY and its affiliates and licensors retain full ownership and all intellectual property rights in any Content you download from this website, and reserve all rights not expressly granted herein. Any defined terms, whether in uppercase or other forms, have the meanings assigned to them in the terms.
Account Registration
To access certain website features, you may be provided with or required to register a user account. Certain accounts require internal approval by PUCKIPUPPY, which reserves the right to approve or deny account applications at its sole discretion. If you register or apply for an account, you must provide PUCKIPUPPY with the most current, complete, and accurate information in order to use the website as intended. You are responsible for maintaining the confidentiality of your login information and may not authorize any third party to use such information or your account. You agree to promptly update your account information to keep it complete and accurate. PUCKIPUPPY attributes all use of your account to you, and you are fully responsible for all activities that occur under your account. If you suspect any unauthorized use of your account or any other security breach, you must immediately notify PUCKIPUPPY. Depending on the status of your account or other conditions, your account may not have full access to all website features. You agree not to attempt to access any restricted website features.
Use of the Website and Content
Accessing this website does not grant you authorization to use any name, logo, trademark, or service mark in any way. We only grant you permission to display, download, and print other content in hard copy format for the purpose of using this website as an internal or personal business resource. Without prior written permission from PUCKIPUPPY or the applicable owner, you are not allowed to copy, reproduce, distribute, republish, download, display, electronically or mechanically post, transmit, record, mirror, or photocopy any content. Specifically, you may not:
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Modify any copies of the content.
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Use any illustrations, photographs, videos, or audio sequences or any graphics separate from the accompanying text.
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Remove or alter any copyright, trademark, or other proprietary notices in copies of the content.
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Access or use any part of the content or any services or materials provided through this website for purposes other than those granted by these terms or additional terms.
PUCKIPUPPY may grant third parties the right to link another website to this website through URL linking mechanisms provided by PUCKIPUPPY. Any requests for such rights must be made to PUCKIPUPPY in writing. Any changes, modifications, adjustments, or alterations to the linking mechanisms require the prior written approval of PUCKIPUPPY before implementation. If you violate any of these terms or additional terms, the aforementioned permissions will automatically terminate. Any other use of the content on this website, including copying for purposes other than those granted to you, such as any reproduction, modification, distribution, or republication, may constitute a violation of copyright or trademark laws and is strictly prohibited without prior written permission from PUCKIPUPPY.
This website is protected by technical and organizational security measures. If you violate or attempt to violate any security protection measures employed by PUCKIPUPPY through this website or any other means, you may face civil or criminal liability. We will investigate all suspected violations and may participate in or cooperate with law enforcement agencies in prosecuting users involved in such violations. If we determine that you have violated any provisions of these terms or additional terms, we reserve the right to disable your account, username, password, or other identifiers at any time at our sole discretion.
User Content
PUCKIPUPPY does not control any information, content, graphics, text, images, software, sound files, videos, communications, documents, or other materials provided, posted, uploaded, or otherwise submitted to this website by users, and assumes no responsibility. By using the website, you acknowledge, represent, and agree that all user content submitted through your account is voluntarily submitted, not confidential or proprietary, and will not be treated as such by PUCKIPUPPY. You grant PUCKIPUPPY a worldwide, royalty-free, transferable, sublicensable, non-exclusive, perpetual, irrevocable license to make, use, copy, modify, adapt, create derivative works, publicly perform or display, import, broadcast, transmit, distribute, license, publish, translate, offer for sale, sell, rent, lease, or lend copies of your content (and its derivative works), and to publish your name and other information related to your content. PUCKIPUPPY is under no obligation to post user content on the website and may, at its sole discretion, edit, block, refuse to post, or remove any user content, including your content, at any time. You represent and warrant that you have the rights necessary to grant the rights in this section and that your content will not:
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Infringe upon the rights of PUCKIPUPPY or any third party.
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Violate any agreements with PUCKIPUPPY or any third party.
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Violate any applicable laws or regulations.
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Contain content that PUCKIPUPPY, in its sole discretion, deems fraudulent, untrue, harassing, defamatory, libelous, abusive, infringing, threatening, obscene, hateful, harmful, or otherwise objectionable.
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Cause any harm to PUCKIPUPPY's business, reputation, employees, members, or facilities.
If PUCKIPUPPY suspects any of the above actions, PUCKIPUPPY may take legal action and cooperate with law enforcement authorities in prosecuting the offenders. You are fully responsible for your content as well as any other user content you provide to PUCKIPUPPY or through this website.
Personal Information
When you use or access this website, any personal information you submit through the website is governed by our privacy policy. Please refer to our privacy policy for more information.
Accuracy, Completeness, and Timeliness of Information
We do not assume any responsibility for the accuracy, completeness, or timeliness of the information provided on this website. The materials on this website are intended for general reference only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. You assume all risks associated with relying on the materials on this website.
This website may contain certain historical information. Historical information is not necessarily the latest and is provided for your reference only. We reserve the right to modify the content of this website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.
Modifications to Services and Prices
The prices of our products are subject to change without notice.
We reserve the right to modify or terminate the services (or any part or content) at any time without notice.
We shall not be liable to you or any third party for any modification, price change, suspension, or termination of services.
Changes to the Terms
PUCKIPUPPY reserves the right to modify these terms at any time. It is your responsibility to check for changes on our website regularly.
PUCKIPUPPY will provide updated terms through the website, send you an email, or notify you of any changes by any other reasonable means. The updated terms will be effective from the specified date indicated therein. If you do not agree to the updated terms, you must terminate your account and stop using the website and content. Your continued use of this website after the effective date constitutes your acceptance of the updated terms.
Third-Party Content
Third-Party Products and Services: You may need to use or access other products or services in order to use this website or its content, such as internet access, devices, or data connections. You are solely responsible for obtaining all third-party products and services and for paying any associated fees. PUCKIPUPPY does not endorse, sponsor, or control any third-party products or services, nor is it responsible for any third-party products or services.
Third-Party Links: The third-party links on this website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant or have any liability for any third-party materials or websites, or for any other materials, products, or services of third parties.
We shall not be liable for any damages or harm related to the purchase or use of goods, services, resources, content, or any other transactions associated with any third-party websites. Please review the policies and practices of third parties and make sure you understand them before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third party.
SMS Terms of Service
By consenting to PUCKIPUPPY’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.
If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within our messages. You understand and agree that the primary method for opting out of our SMS program is to reply with specific keywords (such as ‘STOP,’ ‘END,’ ‘UNSUBSCRIBE,’ ‘CANCEL,’ or ‘QUIT’), or to use the unsubscribe link provided. We will also honor any other requests that clearly express your desire to opt out, including phrases like ‘please opt me out.’ We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.
For any questions, please text HELP to the number you received the messages from. You can also contact us at https://www.puckipuppy.com/pages/contact-us for more information.
We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
Your right to privacy is important to us. You can see our Privacy Policy https://www.puckipuppy.com/pages/privacy-policy to determine how we collect and use your personal information.
Arbitration and Class Action Waiver Agreement:
1. Arbitration:
By using or purchasing PUCKIPUPPY products or services, you agree that any controversy, claim, action, or dispute between you and PUCKIPUPPY arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of PUCKIPUPPY’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.
Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.
1. Arbitration Procedures:
Claims shall be heard by a single arbitrator. Arbitrations shall be held in Arapahoe ,Colorado, USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents. The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Colorado, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, New York law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.
2. Exclusion from Arbitration:
Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of PUCKIPUPPY’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to 18121 E.Hampden Ave
, Aurora CO 80013. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with PUCKIPUPPY. You are responsible for ensuring PUCKIPUPPY’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.
2. Class Action Waiver:
You and PUCKIPUPPY agree that you may bring or participate in Claims against PUCKIPUPPY only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Unless both you and PUCKIPUPPY agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.
User Comments, Feedback, and Other Submissions
If, at our request, you send certain specific submissions (such as contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us. We shall have no obligation: (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or that violates any party's intellectual property or these Terms of Service.
You agree that your comments will not infringe any rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. You further agree that your comments will not contain defamatory or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third party.
Prohibited Uses
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using this website or its content for the following purposes: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
Termination
You may terminate your account at any time. However, PUCKIPUPPY is not obligated to refund any prepaid fees associated with your account. PUCKIPUPPY reserves the right to terminate your account, these terms, and/or suspend or terminate this website at any time, with or without prior notice. Any rights or obligations contained in this agreement that by their nature continue to be valid after termination shall remain in effect after termination.
Disclaimer
We do not guarantee, represent, or warrant that your use of our services will be uninterrupted, timely, secure, or error-free.
We do not guarantee that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that we may, from time to time, indefinitely remove the service or cancel the service at any time without notice.
You expressly agree that your use or inability to use the service is at your sole risk. The service and all products and services delivered to you through the service (unless we expressly state otherwise) are provided on an "as is" and "as available" basis for your use, without any representation, warranties, or conditions of any kind, either express or implied. This includes any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall PUCKIPUPPY, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including but not limited to lost profits, lost revenue, savings loss, data loss, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of any service or any product procured through the service, or for any other claim in any way related to your use of the service or any product, including but not limited to any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
Indemnification
You agree to defend, indemnify, and hold harmless PUCKIPUPPY and its directors, officers, employees, agents, members, partners, suppliers, and licensors from any claims or demands, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.
PUCKIPUPPY reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with PUCKIPUPPY's defense of these claims.
Applicable Law
These Terms of Service, as well as any separate agreements whereby we provide services to you, shall be governed by and construed in accordance with the laws of the United States.
Contact Us
For questions regarding the Terms of Service, please contact us at support@puckipuppy.com
