PupJoy Terms of Use

Last updated: October 31, 2019

Welcome to PupJoy.com. PupJoy LLC provides website features and other products and services to you when you visit or shop at PupJoy.com, use PupJoy products or services, use PupJoy applications for mobile, or use software provided by PupJoy in connection with any of the foregoing (collectively, "PupJoy Services"). PupJoy provides the PupJoy Services subject to the following conditions.

By using PupJoy Services, you agree to these conditions. Please read them carefully.

By clicking "sign in", "create account" or "submit order" and entering or otherwise using our website or mobile application (the "Site"), you agree to and accept these terms and conditions. Certain products and services on our Site may have additional terms that apply (for example, if you subscribe to our Autoship subscription program, you also will be subject to the Autoship Terms & Conditions). If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH PUPJOY LLC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED ("PUPJOY"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

PRIVACY

Please review our Privacy Policy, which also governs your use of our Site, to understand our practices.

ELECTRONIC COMMUNICATIONS

When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

COPYRIGHT

All content included in or made available through any PupJoy Service, such as text, graphics, logos, icons, and images is the property of PupJoy or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PupJoy Service is the exclusive property of PupJoy and protected by U.S. and international copyright laws.

TRADEMARKS

Graphics, logos, page headers, icons, scripts, and service names included in or made available through any PupJoy Service are trademarks or trade dress of PupJoy in the U.S. and other countries. PupJoy's trademarks and trade dress may not be used in connection with any product or service that is not PupJoy's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PupJoy. All other trademarks not owned by PupJoy that appear in any PupJoy Service are the property of their respective owners.

YOUR ACCOUNT

In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as "Products" herein) from the Site), you must register for an account with PupJoy ("PupJoy Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.

You are responsible for maintaining the confidentiality of your PupJoy Account login information. You are fully responsible for all activities that are associated with your PupJoy Account (including but not limited to any purchases, use of the Site, or correspondence from your account to PupJoy). You agree to immediately notify PupJoy of any unauthorized use or suspected unauthorized use of your PupJoy Account or any other breach of security. When you provide PupJoy with such notice, PupJoy will suspend or otherwise secure your Account to prevent future unauthorized activity.

You may need your own PupJoy account to use certain PupJoy Services, and you may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. If you are under 18, you may use the PupJoy Services only with involvement of a parent or guardian. PupJoy reserves the right to refuse service, terminate accounts, terminate your rights to use PupJoy Services, remove or edit content, or cancel orders in its sole discretion.

ORDER ACCEPTANCE

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PupJoy reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and PupJoy reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. PupJoy reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at PupJoy's sole discretion.

RISK OF LOSS

All items purchased from PupJoy are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT DESCRIPTIONS

PupJoy attempts to be as accurate as possible. However, PupJoy does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by PupJoy is not as described, your sole remedy is to return the product.

PRICING

“Price" means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers. Certain products may have a "VIP Price" displayed, which is available only to members of the PupJoy VIP Membership Program.

PupJoy cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will set at the time the order is processed. See Autoship Terms and Conditions for more information. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We do business throughout the United States and collect and remit sales tax as required by law.

AUTOSHIP

By selecting Autoship on eligible items on PupJoy.com, you agree to the Autoship Terms and Conditions ("Autoship Terms") applicable to our subscription ordering program ("Autoship").

LICENSE AND ACCESS

Subject to the terms of this Agreement, PupJoy grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. PupJoy may terminate this license at any time for any reason.

The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products or its content without the express written consent of PupJoy; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without PupJoy's express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without PupJoy's express written consent.

PupJoy reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that PupJoy will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

INFORMATION, ARTICLES, AND ADVICE

PupJoy offers information, articles and advice to pet parents through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regulator veterinarian or local animal hospital.

REVIEWS, COMMENTS, AND OTHER USER CONTENT

"User Content" means any and all information and content that such user submits to PupJoy by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You may post User Content, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PupJoy reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable.

If you do post content or submit material, and unless we indicate otherwise, you grant PupJoy a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PupJoy the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify PupJoy for all claims resulting from content you supply. PupJoy has the right but not the obligation to monitor and edit or remove any activity or content. PupJoy takes no responsibility and assumes no liability for any content posted by you or any third party.

ACCEPTABLE USE POLICY

You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site.

We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your PupJoy Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your PupJoy Account username and password, IP address and traffic information, usage history, and your User Content.

THIRD PARTY SITES AND OTHER USERS

The Site may contain links to third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest, and affiliated companies). Such Third Party Sites are not under the control of PupJoy and PupJoy is not responsible for any Third Party Sites. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). PupJoy does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.

Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that PupJoy will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.

DISCLAIMER OF WARRANTIES

PUPJOY INTENDS FOR THE INFORMATION AND DATA CONTAINED IN THE SITE TO BE ACCURATE AND RELIABLE BUT SINCE THE INFORMATION AND DATA HAVE BEEN COMPILED FROM A VARIETY OF SOURCES, THEY ARE PROVIDED BY PUPJOY ON AN 'AS IS' AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND ANY INFORMATION CONTAINED THEREIN IS AT YOUR SOLE RISK. PUPJOY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED, AS TO ACCURACY OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE. ACCORDINGLY, TO THE EXTENT PERMITTED BY APPLICABLE LAW, PUPJOY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE AND USAGE OF TRADE.

LIMITATION OF LIABILITY

TO THE FULL EXTENT PERMISSIBLE BY LAW, PUPJOY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PUPJOY SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PUPJOY SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.

INDEMNITY

You agree to indemnify and hold PupJoy, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. PupJoy reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of PupJoy. PupJoy will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

DISPUTES

Any dispute or claim relating in any way to your use of any PupJoy Service, or to any products or services sold or distributed by PupJoy or through PupJoy.com will be resolved by binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to this agreement.

There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would.

The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules.

Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. PupJoy will provide such notice by e-mail to your e-mail address on file with PupJoy and you must provide such notice by e-mail to [email protected] During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.

We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Cook County, Illinois to resolve such claims.

APPLICABLE LAW

By using any PupJoy Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Illinois, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and PupJoy.

TERM AND TERMINATION

Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your PupJoy Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your PupJoy Account and right to access and use the Site will terminate immediately. You understand that any termination of your PupJoy Account may involve deletion of any User Content you may have posted. PupJoy will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your PupJoy Account or deletion of your User Content.

The provisions herein related to our intellectual property rights, user content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, will survive any termination of these Terms of Use.

RESPECT FOR COPYRIGHT LAW

PupJoy respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of PupJoy's Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

You may submit your counter notification to PupJoy's Copyright Agent by mail or email as set forth below:

PupJoy Copyright Agent
Attn: Legal
1720 W. Division St.
Chicago, Illinois 60622

GENERAL

We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy and the Autoship Terms & Conditions at any time. Each time you use our Site, you should visit and review the then current Terms and Policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then current Terms and Policies, your sole remedy is not to use our Site. If any terms of this Agreement or other service terms are deeded invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word "including" means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PupJoy's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.