Agreement betweenUser and www.mynextpup.com
Welcome to www.mynextpup.com. The www.mynextpup.com website(the “Site”) is comprised of various web pages operated by AnimalEnterprise Worldwide, LLC (“My Next Pup”). www.mynextpup.com isoffered to you conditioned on your acceptance without modification of theterms, conditions, and notices contained herein (the “Terms”). Youruse of www.mynextpup.com constitutes your agreement to all such Terms. Pleaseread these terms carefully, and keep a copy of them for your reference.
www.mynextpup.com is an E-Commerce Site.
We are My Next Pup our goal is to get elite breedersconnected with family who are looking to find a puppy or puppies. My Next Pupssells puppies.
Visiting www.mynextpup.com or sending emails to My Next Pupconstitutes electronic communications. You consent to receive electroniccommunications and you agree that all agreements, notices, disclosures andother communications that we provide to you electronically, via email and onthe Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintainingthe confidentiality of your account and password and for restricting access toyour computer, and you agree to accept responsibility for all activities thatoccur under your account or password. You may not assign or otherwise transferyour account to any other person or entity. You acknowledge that My Next Pup isnot responsible for third party access to your account that results from theftor misappropriation of your account. My Next Pup and its associates reserve theright to refuse or cancel service, terminate accounts, or remove or editcontent in our sole discretion.
My Next Pup does not knowingly collect, either online oroffline, personal information from persons under the age of thirteen. If youare under 18, you may use www.mynextpup.com only with permission of a parent orguardian.
We have a non-refundable deposit policy. Any amount of moneyreceived for a pup will go to purchasing the puppy of choosing and only thatpuppy. We do offer a health guarantee that can be view on our website. Pleasecontact us at email@example.com with any questions
Links to Third PartySites/Third Party Services
www.mynextpup.com may contain links to other websites(“Linked Sites”). The Linked Sites are not under the control of MyNext Pup and My Next Pup is not responsible for the contents of any LinkedSite, including without limitation any link contained in a Linked Site, or anychanges or updates to a Linked Site. My Next Pup is providing these links toyou only as a convenience, and the inclusion of any link does not implyendorsement by My Next Pup of the site or any association with its operators.
Certain services made available via www.mynextpup.com aredelivered by third party sites and organizations. By using any product, serviceor functionality originating from the www.mynextpup.com domain, you hereby acknowledgeand consent that My Next Pup may share such information and data with any thirdparty with whom My Next Pup has a contractual relationship to provide therequested product, service or functionality on behalf of www.mynextpup.comusers and customers.
No Unlawful orProhibited Use/Intellectual Property
All content included as part of the Service, such as text,graphics, logos, images, as well as the compilation thereof, and any softwareused on the Site, is the property of My Next Pup or its suppliers and protectedby copyright and other laws that protect intellectual property and proprietaryrights. You agree to observe and abide by all copyright and other proprietarynotices, legends or other restrictions contained in any such content and willnot make any changes thereto.
You will not modify, publish, transmit, reverse engineer,participate in the transfer or sale, create derivative works, or in any wayexploit any of the content, in whole or in part, found on the Site. My Next Pupcontent is not for resale. Your use of the Site does not entitle you to makeany unauthorized use of any protected content, and in particular you will notdelete or alter any proprietary rights or attribution notices in any content.You will use protected content solely for your personal use, and will make noother use of the content without the express written permission of My Next Pup andthe copyright owner. You agree that you do not acquire any ownership rights inany protected content. We do not grant you any licenses, express or implied, tothe intellectual property of My Next Pup or our licensors except as expresslyauthorized by these Terms.
Use of CommunicationServices
The Site may contain bulletin board services, chat areas,news groups, forums, communities, personal web pages, calendars, and/or othermessage or communication facilities designed to enable you to communicate withthe public at large or with a group (collectively, “CommunicationServices”). You agree to use the Communication Services only to post, sendand receive messages and material that are proper and related to the particularCommunication Service.
By way of example, and not as a limitation, you agree thatwhen using a Communication Service, you will not: defame, abuse, harass, stalk,threaten or otherwise violate the legal rights (such as rights of privacy andpublicity) of others; publish, post, upload, distribute or disseminate anyinappropriate, profane, defamatory, infringing, obscene, indecent or unlawfultopic, name, material or information; upload files that contain software orother material protected by intellectual property laws (or by rights of privacyof publicity) unless you own or control the rights thereto or have received allnecessary consents; upload files that contain viruses, corrupted files, or anyother similar software or programs that may damage the operation of another’scomputer; advertise or offer to sell or buy any goods or services for anybusiness purpose, unless such Communication Service specifically allows suchmessages; conduct or forward surveys, contests, pyramid schemes or chainletters; download any file posted by another user of a Communication Servicethat you know, or reasonably should know, cannot be legally distributed in suchmanner; falsify or delete any author attributions, legal or other propernotices or proprietary designations or labels of the origin or source ofsoftware or other material contained in a file that is uploaded; restrict orinhibit any other user from using and enjoying the Communication Services;violate any code of conduct or other guidelines which may be applicable for anyparticular Communication Service; harvest or otherwise collect informationabout others, including e-mail addresses, without their consent; violate anyapplicable laws or regulations.
My Next Pup has no obligation to monitor the CommunicationServices. However, My Next Pup reserves the right to review materials posted toa Communication Service and to remove any materials in its sole discretion. MyNext Pup reserves the right to terminate your access to any or all of theCommunication Services at any time without notice for any reason whatsoever.
My Next Pup reserves the right at all times to disclose anyinformation as necessary to satisfy any applicable law, regulation, legalprocess or governmental request, or to edit, refuse to post or to remove anyinformation or materials, in whole or in part, in My Next Pup’s solediscretion.
Always use caution when giving out any personallyidentifying information about yourself or your children in any CommunicationService. My Next Pup does not control or endorse the content, messages orinformation found in any Communication Service and, therefore, My Next Pupspecifically disclaims any liability with regard to the Communication Servicesand any actions resulting from your participation in any Communication Service.Managers and hosts are not authorized My Next Pup spokespersons, and theirviews do not necessarily reflect those of My Next Pup.
Materials uploaded to a Communication Service may be subjectto posted limitations on usage, reproduction and/or dissemination. You areresponsible for adhering to such limitations if you upload the materials.
Materials Provided towww.mynextpup.com or Posted on Any My Next Pup Web Page
My Next Pup does not claim ownership of the materials youprovide to www.mynextpup.com (including feedback and suggestions) or post,upload, input or submit to any My Next Pup Site or our associated services(collectively “Submissions”). However, by posting, uploading,inputting, providing or submitting your Submission you are granting My Next Pup,our affiliated companies and necessary sublicensees permission to use yourSubmission in connection with the operation of their Internet businessesincluding, without limitation, the rights to: copy, distribute, transmit,publicly display, publicly perform, reproduce, edit, translate and reformatyour Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of yourSubmission, as provided herein. My Next Pup is under no obligation to post oruse any Submission you may provide and may remove any Submission at any time inMy Next Pup’s sole discretion.
By posting, uploading, inputting, providing or submittingyour Submission you warrant and represent that you own or otherwise control allof the rights to your Submission as described in this section including,without limitation, all the rights necessary for you to provide, post, upload,input or submit the Submissions.
Third Party Accounts
You will be able to connect your My Next Pup account tothird party accounts. By connecting your My Next Pup account to your thirdparty account, you acknowledge and agree that you are consenting to thecontinuous release of information about you to others (in accordance with yourprivacy settings on those third party sites). If you do not want informationabout you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by MyNext Pup from our offices within the USA. If you access the Service from alocation outside the USA, you are responsible for compliance with all locallaws. You agree that you will not use the My Next Pup Content accessed throughwww.mynextpup.com in any country or in any manner prohibited by any applicablelaws, restrictions or regulations.
You agree to indemnify, defend and hold harmless My NextPup, its officers, directors, employees, agents and third parties, for anylosses, costs, liabilities and expenses (including reasonable attorney’s fees)relating to or arising out of your use of or inability to use the Site orservices, any user postings made by you, your violation of any terms of thisAgreement or your violation of any rights of a third party, or your violationof any applicable laws, rules or regulations. My Next Pup reserves the right,at its own cost, to assume the exclusive defense and control of any matterotherwise subject to indemnification by you, in which event you will fullycooperate with My Next Pup in asserting any available defenses.
In the event the parties are not able to resolve any disputebetween them arising out of or concerning these Terms and Conditions, or anyprovisions hereof, whether in contract, tort, or otherwise at law or in equityfor damages or any other relief, then such dispute shall be resolved only byfinal and binding arbitration pursuant to the Federal Arbitration Act,conducted by a single neutral arbitrator and administered by the AmericanArbitration Association, or a similar arbitration service selected by theparties, in a location mutually agreed upon by the parties. The arbitrator’saward shall be final, and judgment may be entered upon it in any court havingjurisdiction. In the event that any legal or equitable action, proceeding orarbitration arises out of or concerns these Terms and Conditions, theprevailing party shall be entitled to recover its costs and reasonableattorney’s fees. The parties agree to arbitrate all disputes and claims inregards to these Terms and Conditions or any disputes arising as a result ofthese Terms and Conditions, whether directly or indirectly, including Tortclaims that are a result of these Terms and Conditions. The parties agree thatthe Federal Arbitration Act governs the interpretation and enforcement of thisprovision. The entire dispute, including the scope and enforceability of thisarbitration provision shall be determined by the Arbitrator. This arbitrationprovision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will takeplace on an individual basis; class arbitrations andclass/representative/collective actions are not permitted. THE PARTIES AGREETHAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUALCAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS,COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATEATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and My NextPup agree otherwise, the arbitrator may not consolidate more than one person’sclaims, and may not otherwise preside over any form of a representative orclass proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDEDIN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICALERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ANIMALENTERPRISE WORLDWIDE, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/ORCHANGES IN THE SITE AT ANY TIME.
ANIMAL ENTERPRISE WORLDWIDE, LLC AND/OR ITS SUPPLIERS MAKENO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES ANDRELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENTPERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICESAND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY ORCONDITION OF ANY KIND. ANIMAL ENTERPRISE WORLDWIDE, LLC AND/OR ITS SUPPLIERSHEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION,SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,TITLE AND NON-INFRINGEMENT.
My Next Pup reserves the right, in its sole discretion, toterminate your access to the Site and the related services or any portionthereof at any time, without notice. To the maximum extent permitted by law,this agreement is governed by the laws of the State of Ohio and you herebyconsent to the exclusive jurisdiction and venue of courts in Ohio in alldisputes arising out of or relating to the use of the Site. Use of the Site isunauthorized in any jurisdiction that does not give effect to all provisions ofthese Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, oragency relationship exists between you and My Next Pup as a result of thisagreement or use of the Site. My Next Pup’s performance of this agreement issubject to existing laws and legal process, and nothing contained in thisagreement is in derogation of My Next Pup’s right to comply with governmental,court and law enforcement requests or requirements relating to your use of theSite or information provided to or gathered by My Next Pup with respect to suchuse. If any part of this agreement is determined to be invalid or unenforceablepursuant to applicable law including, but not limited to, the warrantydisclaimers and liability limitations set forth above, then the invalid or unenforceableprovision will be deemed superseded by a valid, enforceable provision that mostclosely matches the intent of the original provision and the remainder of theagreement shall continue in effect.
Unless otherwise specified herein, this agreementconstitutes the entire agreement between the user and My Next Pup with respectto the Site and it supersedes all prior or contemporaneous communications andproposals, whether electronic, oral or written, between the user and My NextPup with respect to the Site. A printed version of this agreement and of anynotice given in electronic form shall be admissible in judicial oradministrative proceedings based upon or relating to this agreement to the sameextent and subject to the same conditions as other business documents andrecords originally generated and maintained in printed form. It is the expresswish to the parties that this agreement and all related documents be written inEnglish.
Changes to Terms
My Next Pup reserves the right, in its sole discretion, tochange the Terms under which www.mynextpup.com is offered. The most currentversion of the Terms will supersede all previous versions. My Next Pupencourages you to periodically review the Terms to stay informed of ourupdates.
My Next Pup welcomes your questions or comments regardingthe Terms:
Animal Enterprise Worldwide, LLC
28901 US 30
Kensingtion, Ohio 44431
Effective as of December 01, 2018