Puppy Circles Terms
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND Puppy Circles WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
By accessing or using our Services you affirm that you are either at least 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, 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.
We may, in our sole discretion, refuse to offer the Services to any person or entity. We may, without notice and at 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 available content and to contact subscribing Breeders (“Vendors” or “Sellors”). Fees range from $0.00 to $25.00 to become a member or subscribing Vendor. Breeders will be billed yearly. To terminate the recurring billing process, you must cancel your membership using the “Membership” tab in your “Profile Manager.” Otherwise, recurring charges will continue to be billed regardless of your account activity.
User Content includes all content created by Vendors on our platform, which consists of all 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 your User Content may be viewable by others.
- You agree that you are solely responsible for your User Content and any claims arising therefrom, and that Puppy Circles is not responsible or liable for any User Content or claims arising therefrom. We reserve the right, and have absolute discretion, to review, screen, and delete User Content at any time and for any reason.
- You hereby guarantee that all User Content including information, statements and claims about yourself, your dogs and/or services, are true, accurate and current.
- You agree to maintain and promptly update User Content and to keep it true, accurate, and current.
- If you provide any information that is untrue, inaccurate, not current, or incomplete, or if Puppy Circles has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Puppy Circles has the right to suspend or terminate your membership and refuse any and all current or future use of the Services.
- You retain all ownership rights to your User Content. However, by submitting User Content to Puppy Circles, you hereby grant us an irrevocable, nonexclusive, royalty-free, license (“User Content License”) to use, reproduce, modify, adapt, edit, publish, distribute, perform, promote, exhibit, and display such content 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 Puppy Circles, or any other companies, organizations, or individuals.
Terms Specific for Breeders
As a Breeder with a current subscription to Puppy Circles (“Breeder” “Member” or “Vendor”) you hereby agree to be bound by the following terms specific for Breeders. If you cannot or do not agree to these Terms, please discontinue the Services.
- You represent and warrant that your practices as a breeder meet and will continue to adhere to the following stated criteria for acceptance for membership to the Platform:
- You are a breeder of American Kennel Club (AKC) recognized breeds
- You breed dogs purposefully (for confirmation or performance events, work, service, hunting, etc) and not for the primary reason of making money.
- You have a proven history of only breeding dogs that are health screened in accordance with the parent club’s recommendations.
- You are respected and recommended by other reputable breeders.
- If Puppy Circles has reasonable grounds to suspect that you do not meet or adhere to the criteria above, finds your agreement to the criterial to be untrue, or inaccurate, Puppy Circles has the right to suspend or terminate your membership and refuse any and all current or future use of the Services.
- You may upload and create content on your “Breeder Page”. Members who are also subscribed as Vendors may use our Platform publish listing to advertise available dogs or puppies (“Listings”). When creating content on your Breeder Page or a Listing through the Puppy Circles Platform, you agree to, (i) provide complete and accurate information about yourself, your dogs and your services (such as listing description), (ii) disclose any restrictions and requirements that apply and (iii) provide any other pertinent information requested by Puppy Circles. You are responsible for keeping your Listing information up-to-date.
- You hereby guarantee that any puppies Listed on Puppy Circles are offspring of parents that have been health screened in accordance the health screening recommendations established by the breed-specific parent clubs. If Puppy Circles has reasonable grounds to suspect that such information is untrue, or inaccurate Puppy Circles has the right to suspend or terminate your membership and refuse any and all current or future use of the Services.
- You are solely responsible for setting the prices (including any Taxes if applicable) for each of the dogs in your Listing.
- You are solely responsible for any agreements, that you enter into with a buyer, written or verbal. Puppy Circles is a platform to facilitate the connection between Breeders and Buyers but cannot be held responsible for any agreements, contracts, or promises made between the two parties.
- Pictures, animations or videos (collectively, “Images”) used in your Listings must accurately reflect the quality, specifics, and condition of your Breeder Services. Puppy Circles reserves the right to require that Listings have a minimum number of Images of a certain format, size and resolution.
- The placement and ranking of Listings in search results on the Puppy Circles Platform may vary and depend on a variety of factors, such as Buyers’ search parameters and preferences, Breeder requirements, price and calendar availability.
- You represent and warrant that any Listing you post and the purchase of a dog will (i) not breach any agreements you have entered into with any third parties, such as other Buyers, or other agreements, and (ii) comply with all applicable laws (such as USDA laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Breeder, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals acting on your behalf or as your agent.
- You represent and warrant that you, (i) understand and comply with all laws, rules and regulations that may apply to your Listing or Breeder Service(s), and (ii) will obtain any required licenses, permits, or registrations prior to providing your Breeder Service(s).
Terms Specific for Buyers
- You can search all available listing and breeder pages. If breeders provide contact information you may contact them to inquire about future litters or available puppies.
- You can inquire about a Listing available on the Puppy Circles using the “Inquire” function on the Platform or by contacting the Breeders directly.
- A purchase or adoption of a puppy is an agreement between you and the breeder. Puppy Circles does not have a role or responsibility in any purchase agreement or contract between Buyer and Breeder. F
You agree that any feedback, suggestions, ideas, or other information or materials regarding Puppy Circles or the Services that you provide, whether by email or otherwise (“Feedback”), are non-confidential and shall become the sole property of Puppy Circles. We will be entitled to the unrestricted use and dissemination of such Feedback for any purpose, commercial or otherwise, without acknowledging or compensating you. You waive any rights you may have to the Feedback (including any copyrights or moral rights). We like hearing from users, but please do not share your ideas with us if you expect to be paid or want to continue to own or claim rights in them.
Puppy Circles Content
All materials contained on or within the Platform, including, but not limited to, text, graphics, images, code, illustrations, designs, icons, photographs, video clips, and written and other materials (collectively, “Puppy Circles Content”), as well as their selection and arrangement, are protected by copyright, trademark, and/or other intellectual property laws, unless otherwise stated or granted,. Unauthorized use of Puppy Circles Content may violate such laws and these Terms.
- Except as expressly provided in these Terms, Puppy Circles does not grant any express or implied rights to use Puppy Circles Content.
- You agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse engineer, sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, Puppy Circles Content, the Services, or any related software, except as expressly stated in these Terms.
- You are hereby granted a limited, nonexclusive, non-sublicensable license to access and use the Services and Puppy Circles Content. This license is revocable at any time. This license is subject to these Terms and does not include:
- The distribution, public performance, or public display of Puppy Circles Content;
- Modifying or otherwise making any derivative uses of the Services or Puppy Circles Content, or any portion thereof;
- Use of any scraping, data mining, robots, or similar data gathering or extraction methods;
- Downloading (other than page caching) any portion of the Services, Puppy Circles Content, or any information contained therein, except as expressly permitted on the Services;
- Any use of the Services or Puppy Circles Content other than for their intended purposes.
- Any use of the Services or Puppy Circles Content other than as specifically authorized in these Terms, without the prior written permission of Puppy Circles, is strictly prohibited and will terminate the license to use Puppy Circles granted in these Terms.
- You acknowledge and agree that Puppy Circles may preserve User Content and Membership Data and may also disclose User Content and Membership Data if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any User Content or Membership Data violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Puppy Circles, its users, and the public.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Services for any purpose that is illegal, beyond the scope of their intended use, or otherwise prohibited in these Terms or the terms of any third party that govern a particular Service;
- Use the Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services in any manner;
- Compromise the security of the Services;
- Send any unsolicited or unauthorized advertising, spam, solicitations, or promotional materials;
- Use any robot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Services or to extract data;
- Reverse engineer any aspect of the Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any area, content, or code of the Services;
- Use or attempt to use another user’s account without authorization;
- Attempt to access areas or features of the Services that you are not authorized to access;
- Attempt to indicate in any manner that you have a relationship with us or that we have endorsed you or any products or services without our express written consent to do so;
- Impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Violate the publicity, privacy, or data-protection rights of others, including by taking pictures of another individual without receiving that individual’s consent;
- Infringe any patent, trademark, trade secret, copyright, or other intellectual or proprietary right of any party;
- Buy, sell, rent, lease, or otherwise offer in exchange for any compensation, access to your Puppy Circles account or a Puppy Circles username without Puppy Circles’s prior written consent;
- Develop any third-party applications that interact with User Content or the Services without our prior written consent; and
- Use the Services for any illegal or unauthorized purpose or engage in, encourage, or promote any activity that violates these Terms.
After opening a Puppy Circles 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 Puppy Circles 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.
Modifications to the Services
We reserve 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.
Puppy Circles respects the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable laws, we strive to expeditiously remove any infringing material from our site. If Puppy Circles becomes aware that one of its users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate the user’s account. All users should be aware of and comply with applicable copyright laws.
If you choose to use the Puppy Circles Platform or Collective Content, you do so voluntarily and at your sole risk. The Puppy Circles Platform and the Collective Content is provided “as is”, without warranty of any kind, either express or implied. To the extent permitted by law, Puppy Circles DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
You agree that you have had whatever opportunity you deem necessary to investigate the Services, laws, rules, or regulations that may be applicable to your Listings and/or Breeder Services you are providing or receiving and that you are not relying upon any statement of law or fact made by Puppy Circles relating to a Listing.
The foregoing disclaimers apply to the maximum extent permitted by law. You may have other statutory rights. However, the duration of statutorily required warranties, if any, shall be limited to the maximum extent permitted by law.
THE Puppy Circles SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Puppy Circles SERVICES ARE PROVIDED BY Puppy Circles ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. Puppy Circles MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE Puppy Circles SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE Puppy Circles SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE Puppy Circles SERVICES IS AT YOUR SOLE RISK.
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.
Note to International Users
The Services are hosted in the United States. If you are a user accessing the Services from the European Union, Asia, or any other region with laws or regulations governing personal data collection, use, and disclosure that differ from United States laws, please be advised that through your continued use of the Services, which are governed by U.S. law, you are transferring your personal information to the United States and you consent to that transfer.
General Practices Regarding Use and Storage
You acknowledge that Puppy Circles may establish general practices and limits concerning use of the Services, including without limitation the maximum number of days that email messages, message board postings, Membership Data, or other uploaded User Content will be retained by the Services, the maximum number of email messages that may be sent from or received by an account on the Services, the maximum size of any email message that may be sent from or received by an account on the Services, the maximum disk space that will be allotted on Puppy Circles’s servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that Puppy Circles has no responsibility or liability for the deletion or failure to store any messages and other communications or other Puppy Circles Content maintained or transmitted by the Services. You acknowledge that Puppy Circles reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Puppy Circles reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
You agree that Puppy Circles, in its sole discretion, may terminate your password, account (or any part thereof), or use of the Services, and remove and discard any User Content within the Services, for any reason, including, without limitation, for lack of use or if Puppy Circles believes that you have violated or acted inconsistently with the letter or spirit of these Terms. Puppy Circles may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of these Terms may be effected without prior notice, and acknowledge and agree that Puppy Circles may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Puppy Circles shall not be liable to you or any third-party for any termination of your access to the Services.
- By agreeing to these Terms you agree to indemnify, defend, and hold harmless Puppy Circles, our owners, managing members, employees, affiliates, licensors, and suppliers (the “Puppy Circles 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, 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.
- Limitation of Liability
- Except where prohibited by law, in no event will Puppy Circles or the Puppy Circles 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 Puppy Circles has been advised of the possibility of such damages. You assume total responsibility for your use of the Services. Your only remedy against Puppy Circles for dissatisfaction with the Services or any content is to stop using the Services. If, notwithstanding these Terms, Puppy Circles 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, Puppy Circles’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.
- Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH Puppy Circles, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Applicability of Arbitration Agreement. Notwithstanding any choice of law or other provision in the Terms, all claims and disputes in connection with the Terms or the use of any product or service provided by Puppy Circles that cannot be resolved informally or in small claims court must be resolved by binding arbitration on an individual basis under the terms set forth below (the “Arbitration Agreement”), except that you and Puppy Circles 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 Puppy Circles, 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. 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) will be resolved through binding non-appearance-based arbitration, unless you request a hearing or the arbitrator determines that a hearing is necessary. 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 Puppy Circles, 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 Puppy Circles.
- Waiver of Jury Trial. YOU AND Puppy Circles 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 Puppy Circles in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Puppy Circles 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 Travis County, Texas.
- 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 Puppy Circles may bring an individual action in small claims court of competent jurisdiction.
- Courts. Except for a party’s right to bring an individual action in small claims court, 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 Travis County, Texas, for such purpose.
- Survival. This Arbitration Agreement will survive the termination of your relationship with Puppy Circles.
- Forum and Venue. Except as provided in the arbitration and small claims court provisions above, a lawsuit, if any, by you or Puppy Circles against the other will occur in state or federal court in Travis County, Texas. You and Puppy Circles agree that the jurisdiction and venue of these courts is exclusive.
- Applicable Law.Any dispute between you and Puppy Circles will be governed by these Terms and the laws of the State of Texas 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.
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.
These Terms supersede all prior understandings regarding the same and represent the complete agreement between you and Puppy Circles. These Terms do no create or confer any third-party beneficiary rights. We may change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending a notification, posting a notice on the Services, or updating the “Last Updated” date above. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure you understand the terms and conditions that apply to your use of the Services. If you do not agree to the amended Terms, you must stop using the Services and delete your Puppy Circles account.
Questions and Comments
Puppy Circles welcomes comments, questions, concerns, or suggestions. Please send feedback to support@PuppyCircles.com.