This website is managed by Spot On Puppies a Utah-based Company. By accessing and utilizing any of the websites under the ownership and management of Spot On Puppies, such as www.spotonpuppies.com,referred to as the “Website”, you indicate your agreement to adhere to the conditions outlined in these Terms of Use. Spot On Puppies reserves the right to modify these Terms of Use at any time by updating this announcement. It is your responsibility to periodically check this page for updates to the Terms of Use, as they are binding upon you. The terms “You” and “User” as employed here refer to all individuals and/or entities accessing the Website for any purpose.
ARBITRATION AGREEMENT AND CLASS ACTION WAIVER NOTICE: THE TERMS OF USE CONTAIN A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, DETAILED BELOW, WHICH IMPACT YOUR RIGHTS TO RESOLVE DISPUTES WITH Spot On Puppies. PLEASE READ THEM CAREFULLY.
To visit or use the Website in any way, you must be at least 18 years old. By accessing the Website and/or accepting these Terms of Use, you represent and warrant to Spot On Puppies that you are 18 years or older and have the authority, capacity, and right to accept and comply with these Terms of Use. You also guarantee that your use of the Website will be in accordance with any and all relevant laws and regulations.
Spot On Puppies grants you permission to access and view a single copy of the content available on or from the Website for your personal use only. The Website’s content, including text, graphics, images, logos, icons, software, and other materials (collectively, “Spot On Puppies Content”), is protected under United States and international copyright, trademark, and other laws. Spot On Puppies, its content suppliers, or clients own all Spot On Puppies Content. The compilation (meaning the collection, arrangement, and assembly) of all content on Spot On Puppies websites is the exclusive property of Spot On Puppies and is protected by U.S. and international copyright laws. Unauthorized use of Spot On Puppies Content may infringe upon copyright, trademark, and other laws. You must preserve all copyright, trademark, service mark, and other proprietary notices contained in the original Spot On Puppies Content on any copy of the Spot On Puppies Content. You may not sell, modify, reproduce, display, publicly perform, distribute, or otherwise utilize Spot On Puppies Content for any public or commercial purposes. The use of Spot On Puppies Content on any other website or networked computer environment is prohibited. You may not copy or adapt the HTML code generated by Spot On Puppies to create any Spot On Puppies Content or the pages that make up any Spot On Puppies Website, which is also protected by such copyright.
You represent and warrant to Spot On Puppies that the information you provide, including information posted in any profile you create on any Website, including any photos, is posted by you and that you are the exclusive author of your profile and the exclusive owner of your photos and videos. You assign to Spot On Puppies, with full title guarantee, all copyright in and other rights to your profile, your photos or videos posted on a Website, sent to Spot On Puppies and/or taken by a Spot On Puppies representative with your knowledge and consent, your comments on any Website and/or sent to Spot On Puppies, and any additional information posted on the Website or sent to Spot On Puppies in connection with your use of the Website or any services offered through the Website. You waive absolutely any and all moral rights to be identified as the author of any such content and any similar rights in any jurisdiction worldwide. Additionally, other users of the Website may post copyrighted information, which is protected by copyright, whether or not it is identified as copyrighted. Except for information that 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 Spot On Puppies with information, photos, or content on any of the Website and/or providing the same to Spot On Puppies, you automatically grant, and you represent and warrant that you have the right to grant, to Spot On Puppies and other members of the Website, 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 sublicenses of the foregoing.
You may not use any Website to transmit, distribute, store, or destroy material, including Spot On Puppies Content, (a) in violation of any applicable law or regulation, (b) in a manner that infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others or violates 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 Website, 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, by means of submitting a virus to any Website, overloading, flooding, spamming, mailbombing, or crashing; or (d) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Spot On Puppies will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
Spot On Puppies’ features may be used only for lawful purposes by individuals seeking pets and breeders looking to sell and market pets. You specifically agree NOT to do any of the following: (a) post content on any Website for or on behalf of any competitor of Spot On Puppies or posting content that contains links to any site competitive with Spot On Puppies; (b) post content on any Website that contains hyperlinks, hidden keywords, or any keywords that are irrelevant or misleading; (c) post dogs for modeling or talent scouting positions; (d) post or submit to any Website any incomplete, false, or inaccurate information or information that is not correct; (e) send unsolicited mail or email, make unsolicited phone calls, or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Website; (f) delete or revise any material posted by any other person or entity; (g) take any action that imposes an unreasonable or disproportionately large load on any Website infrastructure; (h) use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any Site other than the search available from Spot On Puppies on such Site and other than generally available third party web browsers (e.g., Google Chrome, Safari, or Microsoft Explorer); (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Site; (j) aggregate, copy or duplicate in any manner any of the Spot On Puppies Content or information available from any Site; or (k) frame or link to any of Spot On Puppies Content or information available from any Site.
When signing up or providing information on any of our websites, reserving a puppy, or submitting information to us, you may be requested to supply specific details, such as your name, mailing address, mobile phone number, and a valid email address (your Information). Along with the Terms of Use and our Privacy Policy or any other applicable privacy policy for each website, you acknowledge and agree that we may share your information from your registration application and submitted information with third parties. We reserve the right to present you with third-party services and products based on your preferences identified during registration and at any point thereafter. These offers can be made by us or third parties. Please consult our Privacy Policy for more information about your Information. Without limiting any other warranty disclaimers outlined in these Terms of Use, we do not offer or make any claims regarding the quality or nature of any third-party products or services acquired through our websites or mobile applications or provide any other representation, warranty, or guarantee. Such commitments, representations, warranties, or guarantees would be provided solely by the product or service provider or seller, subject to their specific terms.
When creating or activating an account on any of our websites or activating an account created for you by us with the information you provide, you are responsible for keeping your account information, such as your username and password, confidential. You are accountable for all activity on your account, whether authorized by you or not. You agree to promptly inform us of any unauthorized access to your account.
Our website and its content may contain inaccuracies or typographical errors. We make no claims about the accuracy, dependability, comprehensiveness, or timeliness of any website or its content. Changes to the website and its services are made periodically, and these alterations may occur at any time.
We do not guarantee that any website will function error-free or that any website and its servers are free from computer viruses or other harmful elements. We will not be liable for any costs associated with servicing or replacing equipment or data resulting from your use of any website or ti’s content. The websites and their content are provided on an “as is” basis without warranties of any kind. To the maximum extent allowed by law, we disclaim all warranties, including but not limited to , implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant the accuracy or completeness of our content, services, software, text, graphics, or links.
Under no circumstances shall we, our suppliers, or any third parties referenced on our websites be held accountable for any damages whatsoever (including, but not limited to, incidental and consequential damages, lost profits, or damages arising from lost data or business interruption) stemming from the use or inability to use our websites, their content, or any purchase made on them, whether founded on warranty, contract, tort, or any other legal theory, and whether or not we have been informed of the possibility of such damages.
In the event of a disagreement with one or more other users of our websites, you agree to release us (as well as 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, related to or arising from such disputes.
To the maximum extent allowed by law, we, along with our officers, directors, employees, representatives, successors, assigns, or affiliates (collectively, the “Protected Parties”) shall not 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, arising from or connected in any way with the use of our websites, any delay or inability to use them, or for any information, software, products, or services obtained through them, even if a party has been advised of the possibility of such damages. Certain jurisdictions may not allow the exclusion of liability for incidental or consequential damages, so some of the above exclusions may not apply to specific users. In no event shall the Protected Parties’ total liability to you for all damages, losses, and causes of action (whether in contract, tort, or otherwise, including negligence) arising from this agreement or your use of the website exceed the amount you paid to us in the relevant transaction or, if no transaction is involved, within the previous twelve (12) months.
Our websites may include links to third-party websites. These links are offered for your convenience and do not constitute our endorsement of the content on such third-party websites. We are not responsible for the content on linked third-party sites and make no representations regarding the content or accuracy of materials on such sites. If you choose to access linked third-party websites, you do so at your own risk.
You agree not to resell or transfer your rights or obligations under these Terms of Use. Additionally, you agree not to engage in any unauthorized commercial use of any of our websites.
You agree to defend, indemnify, and hold us, our affiliates, and their respective officers, directors, employees, and agents harmless from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, arising from or related to (i) any content or other material you provide to our websites, (ii) your use of any of our website content, (iii) your activities in connection with our websites, or (iv) your violation of these Terms of Use. We will promptly notify you of any such claim, suit, or proceeding.
Please read this section carefully, as it affects your legal rights. Rather than filing a lawsuit, both you and our company agree that any dispute, controversy, or claim arising from these Terms of Use, Privacy Policies, your use or inability to use our website, any purchase through the website, or any contact with our company or its employees, contractors, or affiliates, or any other interactions with us, shall be exclusively resolved through binding arbitration on an individual basis, administered by the American Arbitration Association. Arbitration lacks both a judge and a jury, and there is limited court review of arbitration awards. By entering this agreement, you and our company waive the right to a jury trial and the right to participate in class actions or other similar proceedings. You and our company further agree as follows:
This arbitration agreement is designed for broad interpretation and includes, but is not limited to: (1) disputes and claims arising from any aspect of your relationship with our company, whether based on breach of contract, breach of guarantees or warranties, tort, statute, fraud, misrepresentation, or any other legal theory; (2) claims arising before this Agreement or any prior agreement (including, but not limited to, claims related to advertising); (3) claims arising after the termination of your relationship with our company; and (4) claims currently subject to purported class action litigation where you are not a certified class member.
You and our company 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 our company agree otherwise in writing, arbitration shall be: (i) administered by the American Arbitration Association (“AAA”), under the Consumer Arbitration Rules then in effect (the “AAA’s Rules”); and (ii) conducted by a single arbitrator licensed to practice law. The AAA’s Rules can be found at www.adr.org, and you can contact AAA at 800-778-7879 for more information.
THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATIONS, EVEN IF THE AAA’S PROCEDURES OR RULES WOULD OTHERWISE ALLOW THEM. RATHER, YOU AND OUR COMPANY HAVE THE RIGHT TO PURSUE ARBITRATION ONLY ON AN INDIVIDUAL BASIS. FURTHERMORE, UNLESS YOU AND OUR COMPANY AGREE OTHERWISE IN WRITING, THE ARBITRATOR CANNOT CONSOLIDATE MULTIPLE CLAIMS FROM DIFFERENT PARTIES OR PRESIDE OVER ANY REPRESENTATIVE OR COLLECTIVE PROCEEDINGS.
You and our company are each responsible for their own costs related to counsel, experts, and witnesses.
This arbitration agreement does not prevent you or our company from seeking relief from federal, state, or local agencies, which, if allowed by law, can provide relief on behalf of either party. Additionally, regardless of the other provisions in this arbitration agreement, either party may initiate an individual action in small claims court.
If either you or our company fail to comply with this arbitration provision, the breaching party will be liable for the other party’s costs and attorneys’ fees incurred in enforcing compliance with the arbitration agreement.
Unless the AAA arbitrator rules otherwise, all claims or counterclaims shall be resolved through the submission of documents only (desk arbitration, as per R-29 of the AAA’s Rules). However, any party may request a hearing, and the arbitrator may decide that a face-to-face hearing is necessary.
Any hearing that is not conducted by telephone will take place in Salt Lake County, UT, unless the AAA arbitrator decides otherwise.
Small Claims Option: You also have the option to litigate any dispute in the Small Claims Court in Salt Lake county, State of Utah, if your claim meets all the requirements to be heard in the small claims court. To learn more about the Small Claims Court in Salt Lake County, click 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 initiated in any court of competent jurisdiction. In the event that this arbitration agreement is deemed unenforceable for any reason, any litigation against our company (except for small-claims court actions) may be initiated only in the federal or state courts located in Salt Lake County, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
Our company does not claim that the content on our website can be lawfully viewed or accessed outside the United States. Access to our website’s content may not be legal for certain individuals or in certain countries. If you access our website from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms of Use are governed by the internal substantive laws of the State of Utah, without regard to its conflict of laws principles. If any provision of these Terms of Use is found invalid by any court with competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in an additional agreement, additional terms of use for areas of our website, a particular legal notice, or software license or material on specific web pages, these Terms of Use constitute the entire agreement between you and our company concerning the use of our website. No changes to these Terms of Use shall be made except by a revised posting on this page.
Certain sections of the website may have additional terms of use. By using those sections or any part of them, you agree to be bound by the additional terms of use applicable to those sections.
These Terms of Use will remain in effect while you are a user of our website at any level, including having a profile or account on the website or otherwise utilizing our website. Our company reserves the right, at its sole discretion, to pursue all legal remedies available, including but not limited to deleting your information and any content you have posted on our website, and immediately terminating your registration with or ability to access our website and/or any other services provided to you by our company, upon any breach by you of these Terms of Use or if our company is unable to verify or authenticate any information you submit to us or through our website. Our company reserves the right to terminate your account and access to our website and its services at any time. Termination by our company may include removal of access to our website, deletion of your account, deletion of all related information and files, deletion of content associated with your account (or any part of it), and other steps intended to prevent your further use of our website and its services. If you become dissatisfied with our website, your sole and exclusive remedy is to immediately discontinue using the website.
We reserve the right, at our sole discretion, to change, modify, or otherwise revise the Terms of Use at any time. By agreeing to these terms, you acknowledge that we may update the Terms of Use, and such updates will be effective immediately upon posting. You agree to periodically review these terms and conditions to stay informed about any modifications. Consistent access or use of the Site following such posting shall be considered as conclusive evidence of your acceptance of the modified Terms of Use, except and to the extent prohibited by applicable state or federal law.
We maintain the right, at our sole discretion, to terminate, suspend, or alter any aspect of the Site, including but not limited to content, prices, features, or hours of availability. We may impose limitations on certain features of the Site or restrict your access to part or all of the Site without prior notice or penalty. You agree that our company will not be liable to you or any third party for any such limitation, modification, change, suspension, or discontinuation of the Site.
Unless explicitly stated otherwise, any notices should be sent by email to our company at contact@spotonpuppies.com. Notice is considered given 24 hours after the email is sent unless the sending party is notified that the email address is invalid.
How to contact our company?
You can reach us via email at contact@spotonpuppies.com.
If you believe that any content on any of our company’s websites constitutes work 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 individual 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 our company’s website;
Your address, telephone number, and email address;
A statement by you asserting 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 are authorized to act on behalf of the copyright or intellectual property owner.
