Last Updated: May 6, 2020
Use of Content on the Site.
Select Puppies authorizes You to view and access a single copy of the content available on or from the Site solely for your personal use. The contents of the Site such as text, graphics, images, logos, button icons, software and other content (collectively, “Select Puppies Content”), are protected under both United States and foreign copyright, trademark and other laws. All Select Puppies Content is the property of Select Puppies or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Select Puppies Sites are the exclusive property of Select Puppies and protected by U.S. and international copyright laws. Unauthorized use of the Select Puppies Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark and other proprietary notices contained in the original Select Puppies Content on any copy You make of the Select Puppies Content. You may not sell or modify the Select Puppies Content or reproduce, display, publicly perform, distribute, or otherwise use the Select Puppies Content in any way for any public or commercial purpose. The use of the Select Puppies Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy, clone or adapt the computer code and technologies that Select Puppies creates to generate any Select Puppies Content or the pages making up any Select Puppies Site which is also protected by such copyright.
You represent and warrant to Select Puppies that the information you provide to Select Puppies, including information posted in any profile you create on any Site, including any photographs, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photographs and videos. You assign to Select Puppies, with full title guarantee, all copyright in your profile, your photographs or videos posted, your comments on any Site, and any additional information posted on the Site or sent to Select Puppies at any time in connection with your use of the Site or any services offered through the Site. You waive absolutely any and all moral rights to be identified as author of any such content and any similar rights in any jurisdiction in the world. In addition, other users of the Site may post copyrighted information, which has copyright protection, whether or not it is identified as copyrighted. Except for that information which is in the public domain or for which you have been given express written permission, you will not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. By providing to Select Puppies, including posting information, photographs or content on any the Site, you automatically grant, and you represent and warrant that you have the right to grant, to Select Puppies and other members of the Site, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid up, worldwide license to use, copy, perform, display, promote, publish and distribute such information, content, videos and photographs and to prepare derivative works thereof, or incorporate such information and content into other works and to grant and authorize sub-licenses of the foregoing.
Select Puppies Site Restrictions.
You may not use any Site in order to transmit, distribute, store or destroy material, including without limitation Select Puppies Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful. You are also prohibited from violating or attempting to violate the security of any Site, including, without limitation the following activities: (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Site, overloading, flooding, spamming, mailbombing or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Select Puppies will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
If you create an account on any Site, you are responsible for maintaining the confidentiality of your Site account information, including, but not limited to the username and password. You shall be responsible for all uses of your Site account, whether or not authorized by you. You agree to immediately notify Select Puppies of any unauthorized use of your Site account.
Once you are authenticated, You may receive or obtain information about preparations for your puppy’s arrival, notifications of when your puppy is ready for travel, and travel arrangements for your puppy.
Select Puppies's Liability.
The Site and the Select Puppies Content may contain inaccuracies or typographical errors. Select Puppies makes no representations about the accuracy, reliability, completeness, or timeliness of any Site or the Select Puppies Content. Changes are periodically made to Site and the services offered thereon and such changes may be made at any time.
Disclaimer of Warranty.
SELECT PUPPIES DOES NOT WARRANT THAT ANY SITE WILL OPERATE ERROR-FREE OR THAT ANY SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SITE OR THE SELECT PUPPIES CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SELECT PUPPIES IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND SELECT PUPPIES CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SELECT PUPPIES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SELECT PUPPIES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SELECT PUPPIES CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL SELECT PUPPIES, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SELECT PUPPIES SITE, THE SELECT PUPPIES CONTENT, OR ANY PURCHASE MADE ON ANY SELECT PUPPIES SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SELECT PUPPIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If You have a dispute with one or more other Site user(s), you release Select Puppies (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL SELECT PUPPIES, INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE A SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE) ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE EXCEED THE AMOUNT PAID BY YOU TO SELECT PUPPIES IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
Links to Other Sites.
The Site may contain links to third party websites. These links are provided solely as a convenience to You and not as an endorsement by Select Puppies of the contents on such third-party websites. Select Puppies is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If You decide to access linked third-party websites, You do so at your own risk.
No Resale or Unauthorized Commercial Use.
Agreement to Mandatory Individual Arbitration.
1. This agreement to arbitrate is intended to be broadly interpreted, and includes, but is not limited to: (1) disputes and claims arising out of or relating to any aspect of the relationship between You and Select Puppies, whether based in breach of contract, breach of any guarantees or warranties, tort, statute, fraud, misrepresentation or any other legal theory; (2) claims that arose before this Agreement or any prior agreement (including, but not limited to, claims relating to advertising); (3) claims that may arise after the termination of Your relationship with Select Puppies; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
You and Select Puppies hereby agree that the Federal Arbitration Act ("FAA") applies to any arbitration, and governs all questions of whether a dispute is subject to arbitration. Unless You and Select Puppies agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association ("AAA"), pursuant to the Consumer Arbitration Rules then in effect (the "AAA's Rules"); and (ii) conducted by a single arbitrator who is licensed to practice law. The AAA's Rules can be found at www.adr.org.
THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND SELECT PUPPIES ARE ENTITLED TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHER, AND UNLESS YOU AND PURCHASER AGREE OTHERWISE IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE INDIVIDUAL PARTY'S CLAIMS WITH ANY OTHER PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR COLLECTIVE PROCEEDING.
You and Select Puppies each are responsible for their respective costs relating to counsel, experts, and witnesses.
This arbitration agreement does not preclude You or Select Puppies from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against on a party's behalf. In addition, and notwithstanding the other provisions of this arbitration agreement, either party may bring an individual action in small claims court.
If You or Select Puppies fail to comply with this arbitration provision, said breaching party shall be liable for the costs and attorneys' fees incurred by the other party in enforcing compliance with the arbitration agreement.
Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved by the submission of documents only / desk arbitration (see R-35 of the AAA's Rules). Any party, however, may ask for a hearing. The arbitrator also may decide that a face-to-face hearing is necessary. Any hearing, however, that is not held by telephone, shall take place in Butler County, Iowa, unless the AAA arbitrator decides otherwise.
Small Claims Option: You may also litigate any Dispute in Small Claims Court in the state of Iowa. if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in Iowa by clicking here However, if you initiate a Small Claims case, you are responsible for all your court costs.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Select Puppies (except for small-claims court actions) may be commenced only in the federal or state courts located in Butler County, IA. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Term and Termination
Changes to the Site.
We reserve the right, for any reason, in our sole discretion, to terminate, suspend or change any aspect of the Site including but not limited to content, prices, features or hours of availability. We may impose limits on certain features of the Site or restrict your access to any part or all of the Site without notice or penalty. You agree that Select Puppies will not be liable to you or to any third party for any such limitation, modification, change, suspension or discontinuance of the Site.
Except as explicitly stated otherwise, any notices shall be given by email to Select Puppies at CustomerAdvocates@Select Puppies.com or to you at the email address you provide to Select Puppies. Notice shall be deemed given 24 hours after the email is sent, unless the sending party is notified that the email address is invalid.
How do I contact Select Puppies?
Our postal address is:
1215 215th Ave.
West Point, IA 52656
We can be reached via email at [email protected] or by telephone.
NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT.
If you believe that any content on any Select Puppies Site constitutes work that is owned by you or a third party, and is displayed on such site without proper authorization, please send the following information to the attention of the Copyright Agent noted below:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on a Select Puppies Site;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Select Puppies Copyright Agent
Select Puppies, Attn: Copyright Agent, 1215 215th Ave. West Point, IA 52656
By email: [email protected]