VIP PUPPIES, LLC
VIPPUPPIES.COM TERMS OF SERVICE
This website is operated by VIP Puppies, LLC (“VIP Puppies” or the “Company”). These terms and conditions (“Terms of Service” or “Terms”) are a contract between you and VIP Puppies as the company who maintains VIPPuppies.com. Throughout the site, the terms “we”, “us” and “our” refer to VIP Puppies, and “you”, “your”, and “yours” refer to a visitor to or user of VIPPuppies.com. VIP Puppies offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By accessing our site, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein or available by hyperlink. These Terms of Service apply to all users of the site, including, without limitation, users who are sellers, purchasers, browsers, vendors, customers, merchants, contributors, shop managers, subscribers, authors, editors, administrators, keymasters, moderators, participants, and spectators.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. 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.
Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
SECTION 1 – WEBSITE TERMS
By agreeing to these Terms of Service, you represent that you are at least 13 years old.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
By accessing VIPPuppies.com, you are granted a limited, non-exclusive, non-transferrable, non-sublicensable license to view and use the website and its Services. This license does not constitute a grant of any ownership or title over the website or any of its content. The permission or license granted to you by VIPpuppies.com shall terminate automatically upon any unauthorized use by you.
We reserve the right to refuse access to or use of the website to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
By signing up to become a member of VIP Puppies, you are thus giving us permission to email you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information 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. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES
Certain puppies, products, or services may be available exclusively online through the website. These puppies, products, or services may be available in limited quantities and are subject to return or exchange only according to the policy of the seller.
We have made every effort to display as accurately as possible the colors and images of the products and puppies that appear on the website. We cannot guarantee that your computer monitor’s display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or puppies to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or puppies that we offer. All descriptions or pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any part of the Service at any time. Any offer for any puppy, product, or service made on this site is void where prohibited.
We do not warrant that the quality of any puppies, products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
Sellers are responsible for a product or puppy until it reaches the purchaser. Further, if a purchaser encounters a problem with the product or puppy that it purchases through VIPpuppies.com, his or her sole recourse and remedy lie with the seller. Sellers should consider insuring their products or puppies where possible to protect themselves against damage or loss.
You must return a product purchased through VIPpuppies.com in the same condition in which it was received. For both puppies and products, the guarantee and return policies of each seller vary. Make sure to read carefully the guarantee and return policy of each seller as listed.
SECTION 6 – FEES AND COSTS
Fees for using the site are displayed on our Pricing page. In general, sellers pay $14.95 per month to VIP Puppies. Dog shelters may list their puppies for free and are not required to pay any fees to VIP Puppies.
SECTION 7 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place for purchase or for sale through the website or with us. We may, in our sole discretion, limit or cancel quantities purchased or sold per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders for purchase or sale that, in our sole judgment, appear to be placed by dealers, resellers, puppy mills, or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases and sales made at or through our website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. You agree to accept all responsibility for any activity that occurs while logged into your account.
SECTION 8 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new Services or features through the website (including the release of new tools and resources). Such new features or Services shall also be subject to these Terms of Service.
SECTION 9 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site 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 and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 10 – USER CONTENT
The Services allow users to create, post, transmit, and store content, including, but not limited to, photos, text, graphics, videos, or other items (collectively, “User Content”). You agree that you are solely responsible for your User Content and any claims arising therefrom. We reserve the right to review, screen, and delete User Content at any time for any reason. You agree to provide true and accurate information and to maintain and update such content as appropriate. You retain all ownership rights in your User Content. However, by submitting User Content to VIPPuppies.com, you hereby grant us an irrevocable, nonexclusive license to use, reproduce, modify, edit, and publish such User Content. No use of User Content by VIP Puppies shall entitle you to any compensation from the Company.
SECTION 11 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, with or without a request from us, you send or post on VIPPuppies.com or its affiliated social media sites comments, creative ideas, advice, 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 that you forward to us or post on our site. We are and shall be under 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 are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous 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 e-mail 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. Additionally, blog, forum, or social media posts do not necessarily reflect the views of VIP Puppies. VIP Puppies shall not be liable for the success or failure of any advice given or suggested by means of Comments on VIPPuppies.com or any affiliated social media sites.
VIPPuppies will do its best to keep “puppy mills” from using our Services. However, we will not remove sellers from the site based solely on accusations, feedback, or requests from individual users.
SECTION 12 – PERSONAL INFORMATION
SECTION 13 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 14 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (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 of 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; or (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.
SECTION 15 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall VIP Puppies, LLC, our members, managers, 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, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any puppies or products procured using the Service, or for any other claim related in any way to your use of the Service or any puppy or 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 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 the 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.
SECTION 16 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless VIP Puppies, LLC and our parent, subsidiaries, affiliates, partners, officers, members, managers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, as the case may be, from any claim or demand, 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.
SECTION 17 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service. Such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 18 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and we may accordingly deny you access to our Services (or any part thereof).
SECTION 19 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 20 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Indiana. You agree sole and exclusive jurisdiction and venue over any allegation, claim, or proceeding of any kind of nature arising in any way in connection with VIPPuppies.com, its content, or your use of or reliance on any of the same, shall lie in state courts located in Allen County, Indiana and the federal district court for the Northern District of Indiana, Fort Wayne division, and you consent to the sole and exclusive personal jurisdiction of the same for all such actions.
Many of our services are accessible to international users. All users are responsible for complying with all laws and regulations applicable to the international sale, purchase, and shipment of animals or items, should they enter into such a transaction.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 22 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at email@example.com.