Terms of Service

Last Updated: May 6, 2020

This site is operated by Select Puppies, LLC ("Select Puppies"), an Iowa Limited Liability Company. By using any of the sites owned and operated by Select Puppies, including, but not limited to www.luckypuppyco.com, You are indicating your acceptance to be bound by the provisions of these Terms of Use. Select Puppies, may revise these Terms of Use at any time by updating this posting. You should visit this page periodically to review the Terms of Use, because they are binding on You. The terms You and User as used herein refer to all individuals and/or entities accessing the Site for any reason.
 

NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THE TERMS OF USE INCLUDES A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, SET FORTH BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH Select Puppies. PLEASE READ IT CAREFULLY.

Eligibility.

You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site, and / or accepting these Terms of Use, You represent and warrant to Select Puppies that You are 18 years of age or older, and that You have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent and warrant to Select Puppies that You will use the Site in a manner consistent with any and all applicable laws and regulations.

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.

Proprietary Rights.

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.

Registration Information.

If you register with any Site, you may be asked to provide certain information including, without limitation, name, physical address, mobile phone number, and a valid email address (your Information). In addition to the Terms of Use and our Privacy Policy or any privacy policy applicable to any such Site, You understand and agree that Select Puppies may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Except to provide the services offered through the Site, for marketing purposes and to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant or as permitted by any applicable privacy policy, Select Puppies will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent. Select Puppies reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and profile and at any time thereafter; such offers may be made by Select Puppies or by third parties. Please see Select Puppies's Privacy Policy for further details regarding your Information. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, Select Puppies does not provide or make any representation as to the quality or nature of any of the third party products or services purchased through the Site or any other Select Puppies website, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider or seller of such product or service, under the terms set forth by such provider or seller.

User Account.

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.

Release.

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.

You agree not to resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of any Site.

Indemnity.

You agree to defend, indemnify, and hold harmless Select Puppies, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any content or other material You provide to any Select Puppies Site, (ii) your use of any Select Puppies Content, (iv) your activities in connection with the Site, or (iv) your breach of the terms of these Terms of Use. Select Puppies shall provide notice to You promptly of any such claim, suit, or proceeding.

Agreement to Mandatory Individual Arbitration.

PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, YOU AND SELECT PUPPIES AGREE THAT THE EXCLUSIVE MEANS OR RESOLVING ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, OR RELATING TO, THESE TERMS OF USE OR ANY APPLICABLE PRIVACY POLICY, YOUR USE OR INABILITY TO USE THE SITE, ANY PURCHASE MADE THROUGH THE SITE OR ANY CONTACT WITH SELECT PUPPIES OR ITS EMPLOYEES, CONTRACTORS OR AFFILIATES OR OTHERWISE ARISING OUT OF YOUR RELATIONSHIP OR INTERACTION WITH SELECT PUPPIES , SHALL BE BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION ON AN INDIVIDUAL BASIS. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU AND SELECT PUPPIES ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN ANY CLASS OR REPRESENTATIVE ACTION OR OTHER CLASS PROCEEDING. YOU AND SELECT PUPPIES FURTHER AGREE AS FOLLOWS:

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.

General.

Select Puppies makes no claims that the Select Puppies Content may be lawfully viewed or accessed outside of the United States. Access to the Select Puppies Content may not be legal by certain persons or in certain countries. If You access a Site or other U.S.-based Select Puppies Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Select Puppies's mailing address is 1214 215th Ave. West Point, IA 52656. These Terms of Use are governed by the internal substantive laws of the State of Iowa, without respect to its conflict of laws principles. If any provision of these Terms of Use are found to be invalid by any court having 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 Select Puppies, a particular Legal Notice, or Software License or material on particular Web pages, these Terms of Use constitute the entire agreement between You and Select Puppies with respect to the use of Select Puppies. No changes to these Terms of Use shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of the Site may be subject to additional terms of use. By using such areas, or any part thereof, You agree to be bound by the additional terms of use applicable to such areas.

Term and Termination

These Terms of Use will remain in full force and effect while You are a User of the Site at any level, including, but not limited to having a profile or account on the Site. Select Puppies reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your Information and any content you have posted on the Site from Select Puppies and the other Select Puppies Sites and immediate termination of your registration with or ability to access the Sites and/or a ny other services provided to You by Select Puppies, upon any breach by You of these Terms of Use or if Select Puppies is unable to verify or authenticate any information You submit to Select Puppies or through any Site registration. Select Puppies reserves the right to terminate your account and access to the Site and its services at any time. Termination by Select Puppies may include removal of access to the Site, deletion of your account, deletion of all related information and files, may include the deletion of content associated with your account (or any part thereof), and other steps intended to bar your further use of the Site and its services. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.

Amendments to Terms of Use.

Select Puppies reserves the right, at our sole discretion, to change, modify or otherwise alter the Terms of Use at any time. You agree that we may modify the Terms of Use and such modifications shall be effective immediately upon posting. You agree to review these terms and conditions periodically to be aware of modifications. Continued access or use of the Site following such posting shall be deemed conclusive evidence of your acceptance of the modified Terms of Use except and to the extent prohibited by applicable state or federal law.

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.

Notices.

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 legal@luckypuppyco.com 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:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on a Select Puppies Site;
  4. your address, telephone number, and email address;
  5. 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
  6. 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: legal@luckypuppyco.com