Terms of Use

Last Updated: 02/10/2020

This site is operated by DoggyCo, LLC (“DoggyCo“), a Utah Limited Liability Company. By using any of the sites owned and operated by DoggyCo, including, but not limited to www.doggyco.com, or downloading or using the DoggyCo mobile application (collectively referred to herein as the “Site”), You are indicating your acceptance to be bound by the provisions of these Terms of Use. DoggyCo, 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. 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 DoggyCo. PLEASE READ IT CAREFULLY.

  1. Eligibility.
    1. You must be 18 years of age or older to visit or use the Site in any manner. By visiting the Site, downloading or using the DoggyCo mobile application, and / or accepting these Terms of Use, You represent and warrant to DoggyCo 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 DoggyCo that You will use the Site in accordance with these Terms of Use.
  2. Scope of DoggyCo’s Obligations.
    1. The Site is an online marketplace that enables dog breeders (“Breeders”) to publish listings about dogs for sale (“Listings”) and to communicate and transact directly with users of the Site that are seeking to purchase dogs (“Buyers”). As the owners and operator of the Site, DoggyCo does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings. Breeders alone are responsible for their Listings. Buyers and Breeders enter into a contract directly with each other in order to buy and sell dogs (each a “Transaction”). DoggyCo is not and does not become a party to or other participant in any contractual relationship between Buyers and Breeders. DoggyCo also does not act as an agent in any capacity for Buyers or Breeders, except as specified in Fees and Payments.
    2. To become a Breeder, you must send DoggyCo requested information so that DoggyCo can confirm that your business and operations are consistent with the DoggyCo community. You agree that DoggyCo can reject your application to be a Breeder on the Site for any or no reason in DoggyCo’s sole discretion. If DoggyCo invites you to become a Breeder, and if you choose to use the Site as a Breeder, your relationship with DoggyCo is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer, or partner of DoggyCo for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of DoggyCo. DoggyCo does not, and shall not be deemed to, direct or control Breeders generally or in Breeders’ performance under these Terms of Use specifically. You acknowledge and agree that you have complete discretion whether to list dogs or otherwise engage in other business or employment activities.
    3. You hereby release DoggyCo from any and all claims, demands, damages (actual, incidental, and consequential), fees, costs, and expenses, whether known or unknown, arising out of or in any way connected with any dispute between you and a Breeder or Buyer on the Site.
  3. Fees and Payments.
    1. Buyers and Breeders agree to pay the total amount of the Transaction, including delivery fees, to DoggyCo (the “Transaction Payment”). Buyer agrees to pay the full amount of the Transaction Payment to DoggyCo in order to purchase a puppy from a Breeder.
    2. DoggyCo may charge fees to Breeders (“Service Fees“) in consideration for the use of the Site. Any applicable Service Fees will be displayed to a Breeder prior to publishing a Listing. DoggyCo reserves the right to change the Service Fees at any time and will provide Breeders 30 days notice of any fee changes before they become effective.
    3. Breeders are responsible for paying any Service Fees owed to DoggyCo. The applicable Service Fees (including any applicable taxes) are collected by DoggyCo as part of the Transaction. DoggyCo will deduct any Breeder Fees from the Transaction Payments before remitting the remainder to the Breeder. DoggyCo reserves the right to retain the Transaction Payments owed to Breeder for up to 20 days after the date the contract between the Buyer and the Breeder is executed. Service Fees are non-refundable.
    4. DoggyCo offers refunds to Buyers only as described in DoggyCo’s Refund Policy [hyperlink to refund policy].
  4. Use of Content on the Site.
    1. DoggyCo 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 text, graphics, images, HTML code, javascript, audio clips, video clips, logos, button icons, software, and other content (collectively, “DoggyCo Content”), are protected under both United States and foreign copyright, trademark, and other laws. All DoggyCo Content is the property of DoggyCo or its content suppliers. The compilation (meaning the collection, arrangement and assembly) of all content on the DoggyCo Sites is the exclusive property of DoggyCo and protected by U.S. and international copyright laws. Unauthorized reproduction, distribution, or modification of the DoggyCo Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, servicemark, and other proprietary notices contained in the original DoggyCo Content on any copy You make of the DoggyCo Content. Except as specifically allowed under these Terms of Use, You may not sell, modify, reproduce, publicly display, publicly perform, or distribute the DoggyCo Content in any way. The reproduction, modification, or distribution of the DoggyCo Content on any other web site or in a networked computer environment for any purpose is prohibited.
  5. Proprietary Rights.
    1. You represent and warrant to DoggyCo that the information you provide to DoggyCo, including information posted in any profile you create on the Site, including any photographs, is posted by you and that you are the exclusive author of your profile and the exclusive owner of all content that you upload to 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 content, which may be protected by copyright, whether or not it is identified as copyrighted. By uploading content to DoggyCo, including by posting information, photographs, or content on the Site, you grant, and you represent and warrant that you have the right to grant, to DoggyCo, without any additional compensation, an irrevocable, perpetual, non-exclusive, royalty-free, fully-paid up, worldwide license to use, copy, perform, display, promote, publish, create derivative works of, and distribute such information, content, videos and photographs and to sublicense all of the foregoing rights.
    2. When You are considering a Transaction, You direct us to share some of your Personal Information, as that term is described in our Privacy Policy, with another user of the Site. With respect to other users’ Personal Information that you obtain through the Site when considering a Transaction, DoggyCo hereby grants to you a license to use such information only for Site related communications that are solicited commercial messages. In all cases, you must give users an opportunity to remove themselves from your records, systems, devices, and databases. In addition, under no circumstances, except as defined in this Privacy Policy, may you disclose information obtained through the Site about another user to any third party. Additionally, you are not permitted to add a Site user to your mailing list (email or physical mail) or any other advertising or contact list or database without such user’s express written consent after adequate disclosure.
  6. DoggyCo Site Restrictions.
    1. You may not use the Site to transmit, distribute, or store, including without limitation DoggyCo Content. You may not use the Site in any manner that (a) violates any applicable law or regulation; (b) infringes the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity or other personal rights of others; or (d) that is defamatory, obscene, threatening, abusive, or hateful.
    2. You may not attempt to access or access any portion of the DoggyCo site or systems that You are not authorized to access, including, without limitation, the following activities: (a) attempting to access or accessing content associated with a user account that You did not create; (b) attempting to probe, scan, or test the vulnerability of DoggyCo’s systems or networks; (c) attempting to breach or bypass the security or authentication measures instituted by DoggyCo; (d) attempting to interfere with or interfering with DoggyCo or any of its service provides providing services to any user, host, or network; (e) attempting to submit or submitting a virus to the Site or to DoggyCo’s systems; (f) attempting to or actually overloading, flooding, spamming, mail bombing, or performing a denial of service attack; (g) sending inaccurate or misleading information to the Site, including, without limitation, forging any TCP/IP packet header; (h) take any action that imposes an unreasonable or disproportionately large load on any the Site infrastructure; (i) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site; and (j) delete or revise, or attempt to do so, any material posted by any other person or entity. Attempts to access the DoggyCo Site or systems without authorization and unauthorized access of DoggyCo’s Site and systemsViolations of system or network security may result in civil or criminal liability. DoggyCo 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.
    3. You may not (a) post or submit to any the Site any incomplete, false or inaccurate information or information which is not correct; (b) send unsolicited mail or e-mail, making unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Site; (c) aggregate, copy or duplicate in any manner any of the DoggyCo Content or information available from the Site; (d) frame or link to any of DoggyCo Content or information available from the Site; or (e) 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 the Site other than the search available from DoggyCo on such Site and other than generally available third party web browsers (e.g., Google Chrome, Safari, or Microsoft Explorer).
    4. The dog posting features of DoggyCo may be used only for lawful purposes by individuals seeking pets and Breeders seeking to sell and market pets. You may not post (a) dogs for modeling or talent or talent scouting positions; (b) dogs for any illegal purpose (e.g. dogfighting, dog racing, etc.); (c) dogs with the knowledge or intention that the Buyers will be cruel to the animal (as such term is defined by the law); (d) any dogs or content on the Site for or on behalf of any competitor of DoggyCo; (e) dogs or other content that contains links to any site competitive with DoggyCo; or (f) dogs or content on the Site that contain any hyperlinks, hidden keywords, or any keywords that are irrelevant to the dog or are otherwise misleading.
    5. 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 the Site.
  7. Registration Information.
    1. If you register with the Site as a Buyer or a Breeder, you will be asked to provide certain information. In addition to the Terms of Use, our Privacy Policy applies to our collection, storage, and use of your information. Please see DoggyCo’s Privacy Policy for further details regarding your information. DoggyCo reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by DoggyCo or by third parties. Without limiting any of the other disclaimers of warranty set forth in these Terms of Use, DoggyCo 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 DoggyCo website or mobile application, or any other representation, warranty or guaranty. Any such undertaking, representation, warranty or guaranty would be furnished solely by the provider or seller of such product or service, under the terms set forth by such provider or seller.
  8. User Account.
    1. If you create an account on the 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 DoggyCo of any unauthorized use of your Site account.
  9. Disclaimer of Warranties.
    1. DOGGYCO, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE SITE AND DOGGYCO CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DOGGYCO MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE DOGGYCO CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS. DOGGYCO DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS.
    2. The Site may contain links to third party web sites. These links are provided solely as a convenience to You and not as an endorsement by DoggyCo of the contents on such third-party Web sites. DoggyCo 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.
    3. 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. You agree that DoggyCo will not be liable to you or to any third party for any such limitation, modification, change, suspension, or discontinuance of the Site.
    4. DoggyCo makes no claims that the DoggyCo Content may be lawfully viewed or accessed outside of the United States. Access to the DoggyCo Content may not be legal by certain persons or in certain countries. If You access the Site from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
  10. Limitation of Liability.
    1. EXCEPT FOR OBLIGATIONS TO MAKE PAYMENT UNDER THIS AGREEMENT, IN NO EVENT SHALL DOGGYCO OR ANY OF ITS REPRESENTATIVES BE LIABLE UNDER THIS AGREEMENT TO BREEDERS, BUYERS, OR USERS OF THE SITE OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, ENHANCED DAMAGES, LOST PROFITS OR REVENUES, OR DIMINUTION IN VALUE ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT DOGGYCO WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
    2. FOR BUYERS, IN NO EVENT SHALL DOGGYCO’S 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 THE BUYER TO DOGGYCO IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, IN THE PRECEDING TWELVE (12) MONTHS. FOR BREEDERS, IN NO EVENT SHALL DOGGYCO’S 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 THE BUYER TO DOGGYCO IN THE TRANSACTION IN QUESTION OR IF NO TRANSACTION IS AT ISSUE, THE TOTAL AMOUNT OF SERVICE FEES PAID BY BREEDER TO DOGGYCO DURING THE PRECEDING TWELVE (12) MONTHS.
  11. Indemnity.
    1. You agree to defend, indemnify, and hold harmless DoggyCo, 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, information, or other material You provide to the Site, (ii) Your use of any DoggyCo Content, (iii) Your activities in connection with the Site, or (iv) Your breach of these Terms of Use. DoggyCo shall provide notice to You of any such claim, suit, or proceeding.
  12. Remedies.
    1. If you breach these Terms of Use or if DoggyCo is unable to verify or authenticate any information You submit to DoggyCo through registration, DoggyCo reserves the right, at its sole discretion, to (a) deletion of your information and any content you have posted on the Site and (b) immediate termination of your registration with or ability to access the Sites and/or any other services provided to You by DoggyCo. DoggyCo reserves the right to terminate your account and access to the Site and its services at any time. Termination by DoggyCo 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. Notwithstanding the foregoing, DoggyCo may pursue any and remedies available to it at law or equity if You breach these Terms of Use. If you become dissatisfied with the Site, your sole and exclusive remedy is to immediately discontinue use of the Site.
  13. Agreement to Mandatory Individual Arbitration.
    1. PLEASE READ THIS CAREFULLY AS IT AFFECTS YOUR RIGHTS. INSTEAD OF SUING IN COURT, YOU AND DOGGYCO 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 DOGGYCO OR ITS EMPLOYEES, CONTRACTORS OR AFFILIATES OR OTHERWISE ARISING OUT OF YOUR RELATIONSHIP OR INTERACTION WITH DOGGYCO, 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 DOGGYCO 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 DOGGYCO FURTHER AGREE AS FOLLOWS:
    2. 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 DoggyCo , 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 DoggyCo ; and (4) claims that are currently the subject of purported class action litigation in which You are not a member of a certified class.
    3. You and DoggyCo 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 DoggyCo 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.
    4. THIS AGREEMENT DOES NOT ALLOW CLASS ARBITRATIONS EVEN IF THE PROCEDURES OR RULES OF THE AAA WOULD. RATHER, YOU AND DoggyCo 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.
    5. You and DoggyCo each are responsible for their respective costs relating to counsel, experts, and witnesses.
    6. This arbitration agreement does not preclude You or DoggyCo 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.
    7. If You or DoggyCo 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.
    8. 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 Utah County, Utah, unless the AAA arbitrator decides otherwise.
    9. Small Claims Option: You may also litigate any Dispute in Small Claims Court in Utah County in the State of Utah. 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 Utah County online. However, if you initiate a Small Claims case, you are responsible for all your court costs.
    10. 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 DoggyCo (except for small-claims court actions) may be commenced only in the federal or state courts located in Utah County, Utah. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
  14. Term and Termination.
    1. These Terms of Use will remain in full force and effect while You are a user of the Site, including, but not limited to having a profile or account on the Site.
  15. General.
    1. These Terms of Use are governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles.
    2. 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.
    3. 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.
    4. These Terms of Use, in combination with the Breeder’s Agreement if you register as a Breeder, constitute the entire agreement between You and DoggyCo with respect to the use of the Site.
    5. No changes to these Terms of Use shall be made except by a revised posting on this page. DoggyCo 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. 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.
    6. DoggyCo will send you information relating to your account (e.g. payment authorizations, invoices, changes in password, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
  16. NOTICE OF PROCEDURE FOR MAKING A CLAIM OF COPYRIGHT INFRINGEMENT.
    1. If you believe that any content on any DoggyCo Site constitutes work that is owned by you or a third party, and is displayed on the 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 DoggyCo 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.

DoggyCo, LLC Copyright Agent

DoggyCo, LLC, Attn: Copyright Agent,

By mail: 3082 N Canyon Rd, Provo, Utah 84604
By email: info@DoggyCo.com