2. Use of Content on the Site.
Jeremy’s 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 (including the Jeremy’s Puppies Mobile Application), such as text, graphics, images, logos, button icons, software and other content (collectively, “Jeremy’s Puppies Content”), are protected under both United States and foreign copyright, trademark and other laws. All Jeremy’s Puppies Content is the property of Jeremy’s Puppies or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on the Jeremy’s Puppies Sites are the exclusive property of Jeremy’s Puppies and protected by U.S. and international copyright laws. Unauthorized use of the Jeremy’s Puppies Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service mark and other proprietary notices contained in the original Jeremy’s Puppies Content on any copy You make of the Jeremy’s Puppies Content. You may not sell or modify the Jeremy’s Puppies Content or reproduce, display, publicly perform, distribute, or otherwise use the Jeremy’s Puppies Content in any way for any public or commercial purpose. The use of the Jeremy’s Puppies Content on any other web site or in a networked computer environment for any purpose is prohibited. You shall not copy or adapt the HTML code that Jeremy’s Puppies creates to generate any Jeremy’s Puppies Content or the pages making up any Jeremy’s Puppies Site which is also protected by such copyright.
3. Proprietary Rights.
You represent and warrant to Jeremy’s Puppies that the information you provide to Jeremy’s 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 Jeremy’s Puppies, with full title guarantee, all copyright in and other rights to your profile, your photographs or videos posted on a Site, sent to Jeremy’s Puppies and/or taken by a Jeremy’s Puppies representative with your knowledge and approval, your comments on any Site and/or sent to Jeremy’s Puppies, and any additional information posted on the Site or sent to Jeremy’s 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 Jeremy’s Puppies, including posting information, photographs or content on any the Site and/or providing the same to Jeremy’s Puppies, you automatically grant, and you represent and warrant that you have the right to grant, to Jeremy’s 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.
4. Jeremy’s Puppies Site Restrictions.
You may not use any Site in order to transmit, distribute, store or destroy material, including without limitation Jeremy’s 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 email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Jeremy’s 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.
5. Specific Prohibited Uses.
The features of Jeremy’s Puppies may be used only for lawful purposes by individuals seeking pets and breeders seeking to sell and market pets. You specifically agree NOT to do any of the following: (a) post content on any Site for or on behalf of any competitor of Jeremy’s Puppies or posting content that contains links to any site competitive with Jeremy’s Puppies; (b) post content on any Site that contain any hyperlinks, hidden keywords or any keywords that are irrelevant or are otherwise misleading are prohibited; (c) post dogs for modeling or talent or talent scouting positions; (d) post or submit to any Site any incomplete, false or inaccurate information or information which is not correct; (e) send unsolicited mail or email, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of any Site; (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 Site infrastructure; (h) notwithstanding anything to the contrary contained herein, 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 Jeremy’s 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 Jeremy’s Puppies Content or information available from any Site; or (k) frame or link to any of Jeremy’s Puppies Content or information available from any Site.
6. Registration Information.
7. User Account.
If you create an account on any Site or activate an account that Jeremy’s Puppies creates for you with information that you provide to Jeremy’s Puppies 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 Jeremy’s Puppies of any unauthorized use of your Site account.
8. Jeremy’s Puppies Mobile Application.
The Jeremy’s Puppies Mobile Application (the “App”) is a supplement to Jeremy’s Puppies website once you purchase a puppy. The App provides additional ways for You to interact with Jeremy’s Puppies. You will be asked to provide a puppy identification number and also to authenticate your identity via a text message or email. By authenticating your identity via text message, You agree to the receipt of text messages from Jeremy’s Puppies and acknowledge that message and data rates may apply.
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 arrangement for your puppy. The App will have functionalities that allow You to (i) make travel arrangements for your puppy, (ii) chat with a Jeremy’s Puppies representative (employee, contractor, or agent), and (iii) share photographs of your new puppy with others via the App. The App will also provide a means for Jeremy’s Puppies to communicate with You. For example, we may inquire as to your preparedness for your puppy and acknowledgment of the delivery of your puppy.
9. Jeremy’s Puppies’ Liability.
The Site and the Jeremy’s Puppies Content may contain inaccuracies or typographical errors. Jeremy’s Puppies makes no representations about the accuracy, reliability, completeness, or timeliness of any Site or the Jeremy’s Puppies Content. Changes are periodically made to Site and the services offered thereon and such changes may be made at any time.
10. Disclaimer of Warranty.
JEREMY’S 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 JEREMY’S PUPPIES CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, JEREMY’S PUPPIES IS NOT RESPONSIBLE FOR THOSE COSTS. THE SITES AND JEREMY’S PUPPIES CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. JEREMY’S 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. JEREMY’S PUPPIES MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE JEREMY’S PUPPIES CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
11. Disclaimer of Consequential Damages.
IN NO EVENT SHALL JEREMY’S 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 JEREMY’S PUPPIES SITE, THE JEREMY’S PUPPIES CONTENT, OR ANY PURCHASE MADE ON ANY JEREMY’S PUPPIES SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT JEREMY’S PUPPIES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
If You have a dispute with one or more other Site user(s), you release Jeremy’s 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.
13. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JEREMY’S 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 JEREMY’S PUPPIES IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
14. 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 Jeremy’s Puppies of the contents on such third-party Web sites. Jeremy’s 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 Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
15. No Resale or Unauthorized Commercial Use.
17. Agreement to Mandatory Individual Arbitration.
- 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 Jeremy’s 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 Jeremy’s 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 Jeremy’s 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 Jeremy’s 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.
- THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND JEREMY’S 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 Jeremy’s Puppies each are responsible for their respective costs relating to counsel, experts, and witnesses.
- This arbitration agreement does not preclude You or Jeremy’s 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 Jeremy’s 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-29 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 Hudson County, NJ, unless the AAA arbitrator decides otherwise.
- Small Claims Option: You may also litigate any Dispute in Small Claims Court in Hudson County in the State of New Jersey. if your claim meets all requirements to be heard in the small claims court. You can learn more about the Small Claims Court in the County of Hudson. 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 Jeremy’s Puppies (except for small-claims court actions) may be commenced only in the federal or state courts located in Hudson County, New Jersey. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
20. Term and Termination
21. 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 Jeremy’s 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 Jeremy’s Puppies at help@Jeremy’s Puppies.com or to you at the email address you provide to Jeremy’s 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.
NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT.
If you believe that any content on any Jeremy’s 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 Jeremy’s 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.