Welcome to PuppySpot.com and its related content site(s), breeder site(s) and other sites in the PuppySpot family (collectively referred to as the "Site" or "Sites"). By accessing and listing puppies on the Site, you agree to the following conditions. This Breeder Agreement is between you, the "Breeder," and PuppySpot Group, LLC ("PuppySpot"), its subsidiaries, joint ventures, and/or affiliates.
PuppySpot may limit or terminate any Breeder's listing, remove or limit any hosted content, or take any actions reasonably deemed necessary to prevent Breeder from accessing or posting on the Sites, including, but not limited to, suspicion that a Breeder is acting inappropriately or has violated this Breeder Agreement, the terms and conditions of any applicable site or program, or the spirit of any of such agreements, policies, or verbal agreements made between the Breeder and PuppySpot.
All Breeders agree to the following general terms and conditions when listing a puppy on the Site for sale:
Breeder agrees to be solely and fully responsible for complying with the PuppySpot health guarantee during the first year after sale for any puppy which is sold on the Site to a Purchaser. By listing a puppy on the Site, the Breeder hereby agrees to reimburse PuppySpot for any amounts paid to the PuppySpot Purchaser under the following unconditional health guarantee which begins from the time the Purchaser purchases the puppy from PuppySpot, its affiliates and subsidiaries. Such health guarantee is in addition to any Breeder obligations in connection with federal, state or local requirements to which each puppy's sale may be subject and which each Breeder hereby commits to PuppySpot that it will comply with at all times.
All puppies placed on the Site must be up-to-date on all vaccinations and anthelmintics (dewormers) per AAHA standards to prevent diseases and internal parasites including but not limited to: Canine distemper, Leptospirosis, Bordatella, Parainfluenza, Hepatitis, Canine Parvovirus, Rabies (provided the dog is over three months of age and the inoculation is administered by a licensed veterinarian), Roundworms and Hookworms.
Should your licensed veterinarian provide advice or suggest services that are inconsistent with any of the above requirements, please advise PuppySpot immediately so that PuppySpot can assist you in determining an appropriate course of action.
The Breeder at his/her sole expense shall obtain a current official certificate of veterinary inspection for each puppy prior to shipping. Such certificate shall be in compliance with applicable airline shipping obligations and applicable law. The term "official certificate of veterinary inspection" means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture that shows the age, sex, breed, color, and health record of the puppy, the printed or typed names and addresses of the person (breeder) from whom the animal was obtained, the seller, the purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the puppy, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis, giardia, ear mites, fleas and ticks. The examination must include, among other things, a fecal floatation test to determine if the puppy is free of internal parasites, including coccidia, hookworms, roundworms, tapeworms, and whipworms.
Breeder agrees that all purebred parents of puppies listed on the Site are registered and shall provide the registration numbers of each such sire or dam to PuppySpot. The Breeder shall keep a copy of all registration applications for puppies listed on the Site on file. The Breeder at its sole expense shall provide to PuppySpot and, upon demand, to the Purchaser, any and all registration papers as listed on the Site by the Breeder mailed within 24 hours of puppy delivery to the Purchaser. In the event that the Breeder fails to deliver certificates as described in the Breeder's ad within the time frame set forth herein, the Breeder hereby agrees to pay to PuppySpot an amount equal to the purchase price paid by the Purchaser to PuppySpot (for the avoidance of doubt, this does not mean the purchase price paid by PuppySpot to the Breeder). The Breeder and PuppySpot hereby deem such amount to be appropriate liquidated damages, which the parties agree is a fair and equitable amount for damages as it would be impossible to compute the as the exact extent of damages sustained by Breeder's breach is not calculable. Furthermore, for each puppy sold through PuppySpot, Breeder grants permission to PuppySpot and the Purchaser to take all actions appropriate to confirm the new ownership of the puppy with the appropriate dog registry.
All puppies placed on the Site require that the Breeder ship the puppy to the PuppySpot Purchaser or, in certain instances, Breeders may be approved to participate in the PuppySpot travel program, in which case PuppySpot may agree to ship the puppy for the Breeder. If the Breeder is shipping the puppy, the Site will bundle the cost of travel into other services it provides and pay a shipping fee to the Breeder. The Breeder agrees to fully cooperate with PuppySpot's arrangements in shipping the puppy to the Purchaser as directed, subject only, in the case of Breeder-arranged shipping, to the payment to Breeder of the shipping fee. Breeder agrees to provide each Purchaser at least a fourteen day window to receive the puppy at no additional cost to PuppySpot or the Purchaser.
All breeders must abide by the PuppySpot Code of Ethics –
PUPPYSPOT CODE OF ETHICS
PuppySpot treats information as an asset that must be protected and use tools to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications. Therefore, although PuppySpot works hard to protect your privacy, it does not promise, and you should not expect that your personal information or private communications will always remain private.
PuppySpot grants you a limited license to access and make personal use of this Site and not to download (other than page caching), or modify, any portion of it, except with express written consent of PuppySpot. The Site, or any portion of it, may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of PuppySpot. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of PuppySpot without express written consent. You may not use any meta tags or any other "hidden text" utilizing PuppySpot's name or trademarks without the express written consent of PuppySpot. Any unauthorized use terminates the permission or license granted by PuppySpot. You are granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of PuppySpot so long as the link does not portray PuppySpot, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use PuppySpot logo or other proprietary graphic or trademark as part of the link without express written permission.
Breeder agrees that the information provided to it by PuppySpot, including, but not limited to pricing information (e.g. the price paid by Purchaser(s), the amount paid to Breeder, the amount retained by PuppySpot), aggregate or individual puppy sales data and statistics, pages of any breeder-facing websites, Site metrics and reports, puppy sale, travel or other transaction details, information regarding or related to other breeders or purchasers in the aggregate or individually, business plans or proposals, competitive or market analysis, lobbying goals or plans, and other information about PuppySpot (the "Confidential Information"), is highly confidential. Breeder shall not disclose any Confidential Information or use it for any purpose other than to fulfill its obligations to PuppySpot. Furthermore, Breeder shall make all available efforts to keep such information confidential. The Breeder agrees that its obligations set forth herein are necessary and reasonable in order to protect PuppySpot and its business. Breeder expressly agrees that due to the unique nature of the Confidential Information, monetary damages would be inadequate to compensate for any breach by Breeder of its covenants and agreements related thereto. Accordingly, Breeder agrees and acknowledges that any such violation or threatened violation shall cause irreparable injury to PuppySpot and that, in addition to any other remedies that may be available, in law, in equity or otherwise, PuppySpot shall be entitled (a) to obtain injunctive relief against the threatened breach of this provision or the continuation of any such breach by the Breeder, without the necessity of proving actual damages and (b) given the difficulty of estimating and the expected difficultly PuppySpot would face in proving damages related to any breach of this section of the Agreement, Breeder agrees to pay PuppySpot liquidated damages in an amount equal to the money paid to it by PuppySpot over the preceding twelve (12) months or $25,000 whichever is greater for each breach of this section of the Agreement (the "Liquidated Damages"). PuppySpot and Breeders intend that Breeder's payment of the Liquidated Damages Amount would serve to compensate PuppySpot for any breach by Breeder of its obligations under this section, and they do not intend for it to serve as punishment for any such breach by Breeder.
These terms and other policies posted on PuppySpot constitute the entire agreement between PuppySpot and you, the Breeder, superseding any conflicting parts of any prior agreements. This agreement is governed by the laws of the State of Florida, without regard to conflict of law provisions. The Breeder agrees to indemnify and hold PuppySpot (and its officers, directors, agents, subsidiaries, joint ventures and employees) harmless from any claim, law suit, expense or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of this Agreement or your violation of any law or the rights of a third party. If PuppySpot does not enforce any particular provision, it is not waiving its right to do so later. If a court strikes any of these terms, the remaining terms will survive. PuppySpot may automatically assign this agreement in its sole discretion by providing you with notice via the email address that you provide or by US Mail to the address you provide. PuppySpot may update these terms at any time, with updates taking effect 10 days after they are initially posted on the Site. No other amendment to these terms will be effective unless made in writing, signed by Breeder and PuppySpot.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PUPPYSPOT, 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 THIS 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 PUPPYSPOT IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS.
When you visit the Site, send e-mails to PuppySpot, and / or complete registration applications for the listing of puppies, you are communicating with PuppySpot electronically. You consent to receive communications from PuppySpot electronically. PuppySpot will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that PuppySpot provides to you electronically satisfy any legal requirement that such communication be in writing.
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY PUPPYSPOT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PUPPYSPOT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, PUPPYSPOT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PUPPYSPOT DOES NOT WARRANT THAT THE SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE; ITS SERVICES; OR E-MAIL SENT FROM PUPPYSPOT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PUPPYSPOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.