Terms of Service
PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS. BY ACCESSING OR USING THE GOOD DOG PLATFORM (AS DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
PLEASE NOTE: SECTION 19 OF THESE TERMS OF SERVICE CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL GOOD DOG MEMBERS. IF YOU RESIDE IN THE UNITED STATES, THIS PROVISION APPLIES TO ALL DISPUTES WITH GOOD DOG. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THIS PROVISION APPLIES TO ANY ACTION YOU BRING AGAINST GOOD DOG IN THE UNITED STATES. IT AFFECTS HOW DISPUTES WITH GOOD DOG ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
THE TERMS OF SERVICE INCLUDE (1) YOUR AGREEMENT THAT COMPANY HAS NO LIABILITY REGARDING THE SERVICES (SECTION 17); (2) YOUR AGREEMENT THAT THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY (SECTION 16); (3) YOUR CONSENT TO RELEASE GOOD DOG FROM LIABILITY BASED ON CLAIMS BETWEEN USERS (SECTION 17) AND GENERALLY (SECTION 17); AND (4) YOUR AGREEMENT TO INDEMNIFY COMPANY FOR YOUR USE OR INABILITY TO USE THE SERVICES (SECTION 18).
Last Updated: May 28, 2020
Thank you for using Good Dog!
These Terms of Service (these "Terms") constitute a legally binding agreement (this "Agreement") between you and Good Dog (as defined below) governing your access to, and use of, the Good Dog website, including any subdomains thereof, and any other websites through which Good Dog makes the Good Dog's Services are available (collectively, the "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, the "Application") and all associated services (collectively, the "Services"). The Site, Application and Services together are hereinafter collectively referred to as the "Good Dog Platform". Our other Policies applicable to your use of the Good Dog Platform are incorporated by reference into these Terms.
When these Terms mention “Good Dog,” “we,” “us,” or “our,” it refers to Good Dog, Inc., a Delaware corporation with an office at 6 W. 18th Street, 10th Floor, New York, NY 10011, United States.
Breeders alone are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to their Listings (as defined in Section 1) and Breeder Services (as defined in Section 1). For example, some states may require a license to breed dogs. Breeders are alone responsible for identifying and obtaining any required licenses, permits, or registrations for any Listings or Breeder Services they offer. Penalties may include fines or other enforcement. If you have questions about how local laws apply to your Listing(s) and Breeder Service(s) on the Good Dog Platform, you should always seek legal guidance.
PLEASE NOTE THAT THE TERMS ARE SUBJECT TO CHANGE BY GOOD DOG IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Good Dog will make a new copy of the Terms available at the Site and within the Application. We will also update the “Last Updated” date at the top of the Terms. If we make material changes to the Terms, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account (as defined in Section 2) or another manner through the Services (which may include posting an announcement on our Site). Good Dog may require you to provide consent to the updated Terms in a specified manner before further use of the Good Dog Platform is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Good Dog Platform. Otherwise, your continued use of the Site, the Application and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE SITE TO VIEW THE THEN-CURRENT TERMS.
Table of Contents
- Scope of Services
- Eligibility, Verification, and Registration
- Using the Good Dog Platform; Prohibited Activities
- Payment, Chargebacks, and Fees
- Good Dog Buyer Payment Protection Policy
- Good Dog Breeder Payment Protection Policy
- Terms Specific to Breeders
- Terms Specific to Buyers
- Modifications, Cancellations and Refunds
- Disputes between Members
- Term and Termination, Suspension, and other Measures
- Dispute Resolution and Arbitration Agreement
- Applicable Law and Jurisdiction
- Community Concerns and Feedback
- Copyright Policy
- General Provisions
1. Scope of Services
- The Good Dog Platform is an online marketplace that enables registered users ("Members") to: (a) offer certain services related to dog breeding, including the sale of dogs (Members who offer these services are referred to herein as "Breeders", and the services they offer are referred to herein as"Breeder Services"), (b) publish a listing of such Breeder Services on the Good Dog Platform ("Listings"), and (c) communicate and transact directly with Members who are seeking such Breeder Services (Members seeking Breeder Services are referred to herein as “Buyers”).
- As the provider of the Good Dog Platform, Good Dog does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. Breeders alone are responsible for their Listings and Breeder Services. When Members buy or sell a dog, they are entering into a contract directly with each other. Good Dog is not, and does not become, a party to, or other participant in, any contractual relationship between Members, nor is Good Dog a dog breeder. Good Dog is not acting as an agent in any capacity for any Member.
- Any references to a Member being "verified" (or similar language) indicate that the Member has completed the specific steps of a relevant verification, vetting, and/or identification process. Any such description is not a guarantee by Good Dog about any Member. Good Dog has no control over and makes no representations about, (i) the existence, quality, safety, suitability, reliability, timing, or legality of any Listings or Breeder Services, (ii) the truth or accuracy of any Listing descriptions, Reviews and other Member Content (as defined below) or (iii) the performance or conduct of any Member or third party and any information provided by a Member. Good Dog does not endorse any Member, Listing or Breeder Services. You should always exercise due diligence and care when deciding whether to buy or sell a dog, participate in or use other Breeder Services, or communicate and interact with other Members, whether online or in person to protect your personal safety and property, just as you would when interacting with other persons whom you don’t know. NEITHER GOOD DOG NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SERVICES. GOOD DOG AND ITS AFFILIATES AND LICENSORS WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE GOOD DOG PLATFORM.
- Member hereby grants Good Dog a non-exclusive, fully paid, royalty-free, worldwide right and license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Listing and other Member Content (in whole or in part) for the purposes of providing the Services and marketing purposes, including in advertisements for Good Dog or any of the Good Dog Services, on websites, in applications, within emails, and on our social media pages.
- The Good Dog Platform may contain links to third-party websites or resources ("Third-Party Services"). Such Third-Party Services may be subject to different terms and conditions and privacy practices. Good Dog is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by Good Dog of such Third-Party Services.
- Due to the nature of the Internet, Good Dog cannot guarantee the continuous and uninterrupted availability and accessibility of the Good Dog Platform. Good Dog may restrict the availability of the Good Dog Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the Good Dog Platform. Good Dog may improve, enhance and modify the Good Dog Platform and introduce new Services from time to time.
2. Eligibility, Verification, and Registration
- You must be at least 18 years old and able to enter into legally binding contracts to access and use the Good Dog Platform or register an Account. By registering for an Account, accessing, downloading, or using the Good Dog Platform, you represent and warrant that you (i) have read, understand, and agree to be bound by these Terms and (ii) are 18 or older and have the legal capacity and authority to enter into a contract. IF YOU DO NOT AGREE TO BE BOUND BY THIS TERMS, YOU MAY NOT ACCESS OR USE THE GOOD DOG PLATFORM.
- User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity. Notwithstanding the above, for transparency and fraud prevention purposes, and as permitted by applicable laws, we may, but have no obligation to, (i) ask Members to provide a form of government identification or other information or undertake additional checks designed to help verify the identities or backgrounds of Members, (ii) screen Members against third party databases or other sources and request reports from service providers, and (iii) where we have sufficient information to identify a Member, obtain reports from public records of criminal convictions, animal abuse registrations, or an equivalent version of background, registered animal abuse offender checks, or other checks in your local jurisdiction (if available).
- You must register an account ("Account") to access and use certain features of the Good Dog Platform, such as publishing or purchasing from a Listing. If you are registering an Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms. You also represent that you are not a person barred from using the Good Dog Platform under the laws of the United States, your place of residence or any other applicable jurisdiction.
- You agree to provide true, accurate, current, and complete information about yourself as prompted by the membership application form and process (such information being the "Membership Data") and maintain and promptly update the Membership Data to keep it true, accurate, current, and complete. If you knowingly provide any information that is untrue, inaccurate, or not current, or incomplete, or Good Dog has reasonable grounds to suspect that such information is untrue, inaccurate, or not current, or incomplete, Good Dog has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof). For the avoidance of doubt and without limiting the foregoing, Good Dog may suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof) for convenience at any time. You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself.
- You may not register more than one (1) Account unless Good Dog authorizes you to do so. You may not assign or otherwise transfer your Account to another party.
- You are responsible for maintaining the confidentiality and security of your Account credentials and may not disclose your credentials to any third party. You agree to (i) immediately notify Good Dog if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your Account and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.
- Good Dog may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your Account. These features do not require that you share your credentials with any other person. No third party is authorized by Good Dog to ask for your credentials, and you shall not request the credentials of another Member.
- Good Dog reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party’s rights. You agree not to create an Account or use the Good Dog Platform if you have been previously removed by Good Dog, or if you have been previously banned from any of the Good Dog Platform.
- You must provide all equipment and software necessary to connect to the Good Dog Platform, including but not limited to, a mobile device that is suitable to connect with and use the Good Dog Platform, in cases where the Services offer a mobile component. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing the Good Dog Platform.
3. Using the Good Dog Platform; Prohibited Activities
- The Good Dog Platform and the information and content available on the Good Dog Platform are protected by copyright laws throughout the world. Subject to the Terms, Good Dog grants you a limited license to reproduce portions of the Good Dog Platform for the sole purpose of using the Services for your personal or internal business purposes. Unless otherwise specified by Good Dog in a separate license, your right to use any Good Dog Platform is subject to these Terms.
- Subject to your compliance with the Terms, Good Dog grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the Application on a single mobile device or computer that you own or control and to run such copy of the Application solely for your own personal or internal business purposes. Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs the iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
- You understand that the Good Dog Platform is evolving. As a result, Good Dog may require you to accept updates to the Good Dog Platform that you have installed on your computer or mobile device. You acknowledge and agree that Good Dog may update the Good Dog Platform with or without notifying you. You may need to update third-party software from time to time in order to use the Good Dog Platform.
- You are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Good Dog Platform.
- You agree to comply with any applicable export control laws in your local jurisdiction. You also represent and warrant that (i) neither you nor your Breeder Service(s) are located or take place in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country, and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Good Dog may make the access to and use of the Good Dog Platform, or certain areas or features of the Good Dog Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Reviews thresholds, or transaction and cancellation history.
- The Good Dog Platform may only be used for lawful purposes by Buyers seeking dogs and Breeders seeking to market and sell dogs. The rights granted to you in the Terms are subject to the following restrictions: Any future release, update or other addition to the Good Dog Platform shall be subject to the Terms. Good Dog, its suppliers and service providers reserve all rights not granted in the Terms. Any unauthorized use of the Good Dog Platform terminates the licenses granted by Good Dog pursuant to the Terms.
- In connection with your use of the Good Dog Platform, you will not and will not assist or enable others to:
- license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Good Dog Platform or any portion of the Good Dog Platform, including the Site;
- frame or utilize framing techniques to enclose any trademark, logo, or other property (including images, text, page layout or form) of Good Dog;
- use any metatags or other “hidden text” using Good Dog’s name or trademarks;
- access the Good Dog Platform in order to build a similar or competitive website, application or service;
- breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, and standards;
- use the Good Dog Platform or Collective Content (as defined in Section 4) for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies Good Dog endorsement, partnership or otherwise misleads others as to your affiliation with Good Dog;
- use the Good Dog Platform in connection with the distribution of unsolicited commercial messages ("spam");
- offer, as a Breeder, any Breeder Services that you do not yourself own or have permission to make available;
- discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation, or otherwise engage in any abusive or disruptive behavior;
- dilute, tarnish or otherwise harm the Good Dog brand in any way, including through unauthorized use of Collective Content, registering and/or using Good Dog or derivative terms in domain names, trade names, trademarks or other source identifiers, or registering and/or using domain names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to Good Dog domains, trademarks, taglines, promotional campaigns or Collective Content;
- use any robot, spider, crawler, scraper or other automated means or processes to access, collect data or other content from or otherwise interact with the Good Dog Platform for any purpose;
- avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Good Dog or any of Good Dog's providers or any other third party to protect the Good Dog Platform;
- attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Good Dog Platform;
- take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Good Dog Platform;
- export, re-export, import, or transfer the Application except as authorized by United States law, the export control laws of your jurisdiction, and any other applicable laws; or
- violate or infringe anyone else’s rights or otherwise cause harm to anyone.
- The access to, or use of, certain areas and features of the Good Dog Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions (“Supplemental Terms”). If there is a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will take precedence with respect to your access to, or use of, that area or feature, unless specified otherwise.
- You acknowledge that Good Dog has no obligation to monitor the access to, or use of, the Good Dog Platform by any Member or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content, but has the right, in its sole discretion, to do so. By entering into the Terms, you hereby provide your irrevocable consent to such monitoring. Without limiting the foregoing, Good Dog shall have the right to remove any Content that violates the Terms or is otherwise objectionable.
- Members agree to cooperate with and assist Good Dog in good faith, and to provide Good Dog with such information and take such actions as may be reasonably requested by Good Dog with respect to any investigation undertaken by Good Dog or a representative of Good Dog regarding the use or abuse of the Good Dog Platform.
- If you feel that any Member you interact with, whether online or in person, is acting or has acted inappropriately, including but not limited to anyone who, (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of being dishonest, or (iii) engages in any other disturbing conduct, you should immediately report such person to Good Dog by contacting us; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
- If Good Dog becomes aware of any possible violations by you of the Terms, Good Dog reserves the right to investigate such violations. If, as a result of the investigation, Good Dog believes that criminal activity has occurred, Good Dog reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Good Dog is entitled, except to the extent prohibited by applicable law, to disclose any information or materials related to Listings or Breeder Services, including Member Content and Membership Data, in Good Dog’s possession in connection with your use of the Good Dog Platform, to (i) comply with applicable laws, legal process or governmental request; (ii) enforce the Terms, (iii) respond to any claims that Member Content violates the rights of third parties, (iv) respond to your requests for customer service, or (v) protect the rights, property or personal safety of Good Dog, its Members or the public, and all enforcement or other government officials, as Good Dog in its sole discretion believes to be necessary or appropriate.
1.The Services consist of interactive features that may allow Members, in Good Dog’s sole discretion to, (i) create, upload, post, transmit, and/or store (“Make Available”) content, including but not limited to, photos, text, graphics, audio, video, items, or other materials or information on, or through, the Good Dog Platform (collectively, "Member Content"), and (ii) access and view Member Content and any content that Good Dog itself makes available on, or through, the Good Dog Platform, including proprietary Good Dog content and any content licensed or authorized for use by, or through, Good Dog from a third party ("Good Dog Content" and, together with Member Content, "Collective Content"). You acknowledge that all Collective Content is the sole responsibility of the party from which the Collective Content originated. This means that you, and not Good Dog, are entirely responsible for all Member Content you Make Available through the Good Dog Platform, and other Members of the Good Dog Platform, and not Good Dog, are similarly responsible for all Member Content they Make Available through the Good Dog Platform.
1. The Good Dog Platform and Collective Content may in its entirety, or in part, be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge and agree that the Good Dog Platform and Good Dog Content, including all associated intellectual property rights, are the exclusive property of Good Dog and/or its licensors or authorizing third-parties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in, or accompanying, the Good Dog Platform or Collective Content. All trademarks, service marks, logos, trade names, and any other source identifiers of Good Dog used on, or in, connection with the Good Dog Platform and Good Dog Content are trademarks or registered trademarks of Good Dog. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on, or in, connection with the Good Dog Platform and/or Collective Content are used for identification purposes only and may be the property of their respective owners.
1.You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Good Dog Platform or any Collective Content, except to the extent you are the legal owner of certain Member Content or as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned, or controlled by, Good Dog, its licensors, or licensees, except for the licenses and rights expressly granted in these Terms.
1. You are the owner of your Member Content. Good Dog does not claim any ownership rights in any Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use or exploit your Member Content. By Making Available any Member Content on, or through, the Good Dog Platform, you grant to Good Dog a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right (including any moral rights) and license to (i) store such Member Content, (ii) use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, and communicate to the public, perform and display such Member Content (x) on the Good Dog Platform and (y) promote Good Dog, the Services, and the Good Dog Platform in media or on other platforms during the term of these Terms.
1. You are solely responsible for all Member Content that you Make Available on, or through, the Good Dog Platform. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available on, or through, the Good Dog Platform or you have all rights, licenses, consents, and releases that are necessary to grant to Good Dog the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your Making Available of the Member Content or Good Dog’s use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
1. You will not post, upload, publish, submit or transmit any Member Content that, (i) is fraudulent, false, misleading (directly or by omission or failure to update information), or deceptive, (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive, (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group, (iv) is violent or threatening or promotes violence or actions that are threatening to any other person, (v) promotes illegal or harmful activities or substances; or (vi) violates any other Good Dog policy. Good Dog may, without prior notice, remove or disable access to any Member Content that Good Dog finds to be in violation of these Terms or Good Dog’s then-current policies or standards, or otherwise may be harmful or objectionable to Good Dog, its Members, third parties, or property.
1. Good Dog respects copyright law and expects its Members to do the same. If you believe that any content on the Good Dog Platform infringes copyrights you own, please notify us in accordance with Section 23 below.
5. Payment, Chargebacks, and Fees
a. Good Dog provides payments services to Members with payments through Good Dog , including payment collection services, payments and payouts, in connection with the Services or the Good Dog Platform (“Payment Services”).
b. In order to use the Payment Services, you must have an Account in good standing. If Good Dog closes your Account for any reason, you will no longer be able to use the Payment Service. If any amounts that have been paid to you remain in your Account following your Account closure, any amounts that are uncontested by any parties will be paid out to you.
d. Members of the Services contract directly with other Members. Good Dog will not be a party to any contracts between Members. Good Dog facilitates these contracts by supplying a medium for the exchange of money. Payment will be processed at the end of a completed sale transaction. Buyers agree to pay, through the Payment Processor, if applicable, all charges at the prices then in effect for any purchase in accordance with the applicable payment terms. Buyers agree to make payment using the payment method the Buyer provided. We reserve the right to correct, or to instruct our Payment Processor to correct, any errors or mistakes, even if payment has already been requested or received.
a. If a Buyer contacts their bank or credit card company to decline, chargeback or otherwise reverse the charge of any payable fees to us or to a Breeder (“Chargeback”), we may automatically terminate the Buyer’s Account. If you have questions about a payment made to us or to a Breeder, we encourage you to contact firstname.lastname@example.org before filing a Chargeback. We reserve our right to dispute any Chargeback on our behalf or on behalf of a Breeder.
- Good Dog may charge fees to Buyers ("Service and Protection Fee”) in consideration for dedicated support from Good Dog, payment protection (subject to these Terms), and the use of the Good Dog Platform to purchase a dog from a vetted Breeder on Good Dog.
- Any applicable Service and Protection Fee (including any applicable Taxes) will be displayed to Buyers prior to a transaction. Good Dog reserves the right to change the Service and Protection Fee at any time.
- Buyers are responsible for paying any Service and Protection Fee that they owe to Good Dog. The applicable Service and Protection Fee is due and payable and collected by Good Dog. Except as otherwise provided on the Good Dog Platform, all Service and Protection Fees are non-refundable.
- Good Dog protects and guarantees payments made by Buyers using the Payment Services as set forth in the Good Dog Buyer Payment Protection Policy (the “Buyer Protection Policy”) and in accordance with the terms of Section 6 below.
- Good Dog protects and guarantees payments to Breeders using the Payment Services as set forth in the Good Dog Breeder Payment Protection Policy (the “Breeder Protection Policy”) and in accordance with the terms of Section 7 below.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the Payment Services remains with you. If you permit or authorize another person to use your Account in any way, you are responsible for the actions taken by that person.
6. Good Dog Buyer Payment Protection Policy
- In accordance with the Buyer Protection Policy, Good Dog will work with Buyers to provide support, expertise, and free dispute resolution services in the unlikely event that Buyers experience a Buyer Issue (as defined below). A "Buyer Issue" shall be defined as such in Good Dog’s sole discretion and shall include, but shall not be limited to: (i) following payment made from a Buyer to a Breeder, the Breeder fails to deliver a dog or refund payment per the terms of Buyer’s agreement with the Breeder; (ii) the breed, sex or physical condition of the dog delivered to Buyer is materially different from the dog Buyer agreed to accept from Breeder; or (iii) Buyer is charged for a transaction that Buyer did not make.
In order to make a claim under the Buyer Protection Policy, the following conditions must be satisfied, as determined in Good Dog’s sole discretion:
a. The sale of the dog was for a companion dog and agreed to between Buyer and Breeder, the transaction was completed using the Payment Services, and Buyer paid a Service and Protection Fee related to the applicable transaction;
b. Buyer has not violated the Buyer Protection Policy or these Terms;
c. Buyer reported the Buyer Issue to Good Dog as soon as Buyer became aware of it by contacting help @gooddog.com or calling 855-446-6336;
d. Buyer’s Account is in good standing with no outstanding balances owed to Good Dog or any other Breeders;
e. Buyer is the buyer that placed the transaction using the Payment Services;
f. Buyer and/or a third party have not directly or indirectly caused the Buyer Issue (through Buyer’s or such third party’s action, misconduct, omission, or negligence);
g. Buyer has satisfied his or her obligations to the Breeder and has not breached the terms of Buyer’s agreement with the Breeder;
h. Buyer has made reasonable efforts, including, but not limited to, utilizing Good Dog's dispute resolution services, to remedy the Buyer Issue with the Breeder prior to making a claim under the Buyer Protection Policy;
i. The Buyer Issue was not caused by an event beyond the control of the Breeder, including, but not limited to, an act of God (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves and floods), riot, health pandemic, commotion, strikes or lock-outs or acts or threats of terrorism; and
j. The Buyer Issue is not related to products or services, or uses of either, that are prohibited by law.
In order to submit a claim under the Buyer Protection Policy, Buyer must contact email@example.com or call 855-446-6336 as soon as Buyer becomes aware of a Buyer Issue. Buyer will be asked to complete a claim form provided by Good Dog within the next seven (7) days. Good Dog encourages Buyers to read through the Buyer Protection Policy and these Terms prior to submitting a claim. All claims will be reviewed on a case-by-case basis in Good Dog’s sole discretion. During Good Dog’s claims assessment process Buyer may be asked to provide detailed information regarding Buyer’s claim.
The timing to receive any claim-related payment from Good Dog for any claim may vary based on the payment method and any applicable payment system rules.
7. Good Dog Breeder Payment Protection Policy
- Good Dog is committed to creating a responsible and trusted community, and has pledged a commitment to support, promote, advocate for, and protect Breeders. Good Dog protects and guarantees payments to Breeders using the Payment Services as set forth in these Terms and the Breeder Protection Policy from things like bounced checks, scams, fraudulent chargebacks or canceled payments by Buyers. Breeders should contact firstname.lastname@example.org or call 1-855-446-6336 whenever any issue arises.
8. Terms Specific to Breeders
- You agree to comply with Good Dog’s rules for posting Listings.
- When creating a Listing through the Good Dog Platform you must provide accurate information about your Breeder Service. You may disclose any restrictions and requirements that apply and provide any other pertinent information. You are responsible for the content on your Listing, keeping your Listing information accurate and up-to-date, and the items offered.
- You are solely responsible for setting the prices (including any Taxes if applicable) for each of the dogs in your Listing ("List Price").
- Any terms and conditions included in your Listing, in particular in relation to cancellations, must not conflict with these Terms.
- Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality, specifics, and condition of your Breeder Services.
- The placement and ranking of Listings in search results on the Good Dog Platform may vary and depend on a variety of factors, such as, but not limited to, Buyers’ search parameters and preferences, Breeder’s practices or requirements, price and calendar availability, number and quality of Images, customer service and cancellation history, and/or Reviews.
- Your Listing may not be immediately searchable by keyword or category for several hours.
- You acknowledge and agree that a legally binding contract is formed when you agree on the terms of the sale of a dog or the provision of other Breeder Services with a Buyer. You agree that Good Dog is not a party to any such agreement.
- If you choose to require a security deposit ("Security Deposit") for a dog, you can specify this in your Listing.
- You represent and warrant that any Listing you post and the purchase of a dog will (i) not breach any agreements you have entered into with any third parties, such as other Buyers, or other agreements, and (ii) comply with all applicable laws (such as USDA laws), Tax requirements, and other rules and regulations (including having all required permits, licenses and registrations). As a Breeder, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals acting on your behalf or as your agent.
- You represent and warrant that you, (i) understand and comply with all laws, rules and regulations that may apply to your Listing or Breeder Service(s), and (ii) have obtained any required licenses, permits, or registrations.
9. Terms Specific to Buyers
- You can inquire about a Listing available on the Good Dog Platform by following the respective inquiry process. Subject to meeting the requirements (such as, completing any applications, interviews, references, or other verification processes) set by the Breeder, you may purchase a dog in a Listing. All applicable fees, including the List Price, Service and Protection Fee, Security Deposit (if applicable), and any applicable Taxes (collectively, "Total Fees") will be presented to you prior to completing your purchase. You agree to pay the Total Fees for any requested purchase in connection with your Account.
- You acknowledge and agree that a legally binding contract is formed when you agree on the terms for the purchase of a dog or other Breeder Services with a Breeder. You agree that Good Dog is not a party to any such agreement.
- Good Dog does not transfer legal ownership of dogs or Breeder Services from Breeders to Buyers.
- California Commercial Code §2401(2 ) and Uniform Commercial Code §2-401(2) apply to the transfer of ownership between the Breeder and the Seller unless the Breeder and the Seller agree otherwise.
- If you purchase a dog on behalf of any other persons, you are required to ensure that every additional person meets any requirements set by the Breeder, and is made aware of and agrees to these Terms and any terms and conditions, rules and restrictions set by the Breeder. If you are purchasing for another person who is a minor, you represent and warrant that you are legally authorized to act on behalf of the minor. Minors may only purchase a dog if sponsored and guaranteed by an adult who is responsible for them, and such adult shall be responsible for any dog(s) purchased.
10. Modifications, Cancellations, and Refunds
- Breeders and Buyers are responsible for any modifications to a transaction that they make via the Good Dog Platform or direct Good Dog customer service to make ("Modifications"), and agree to pay any additional List Prices, Service and Protection Fee, and/or Taxes associated with such Modifications, if applicable.
1.The right to cancel a confirmed purchase is determined by the individual Breeder’s cancellation policy and these Terms. Unless extenuating circumstances exist, any amounts due to the Breeder and Buyer under the applicable cancellation policy will be remitted or refunded accordingly, pursuant to the individual Breeder’s cancellation policy and these Terms.
- In certain circumstances, Good Dog may decide, in its sole discretion, that it is necessary to cancel a confirmed purchase and make appropriate refund and payout decisions. This may be, among others, (i) where Good Dog believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to Good Dog, other Members, third parties, or property or (ii) for any of the reasons set out in these Terms.
- Within a certain time frame after completing a transaction, Breeders and Buyers can submit a verified review ("Review") about each other. Any Reviews reflect the opinion of individual Members and do not reflect the opinion of Good Dog. Reviews are not verified by Good Dog, and each Member should undertake his or her own research to be satisfied concerning any specific Member. You agree that Good Dog is not liable for any Reviews.
- Reviews by Breeders and Buyers must be fair, truthful, and factual and may not contain any offensive or defamatory language. Reviews must comply with Good Dog’s policies. Good Dog reserves the right to remove any Reviews for any reason at any time.
- Members are prohibited from manipulating the Reviews system in any manner, such as instructing a third party to submit a positive or negative Review about another Member.
12. Disputes between Members
- You are solely responsible for your interactions with other Members and any other parties with whom you interact through the Good Dog Platform; provided, however, that Good Dog reserves the right, but has no obligation, to intercede and assist in such disputes.
- Members agree to cooperate with, and assist, Good Dog in good faith, and to provide Good Dog with such information and take such actions as may be reasonably requested by Good Dog, in connection with any complaints or claims made by Members relating to Listings, transactions, Members, or Breeder Services. A Member shall, upon Good Dog's reasonable request and at no cost to the Member, participate in mediation or a similar resolution process with another Member, which process will be conducted by Good Dog or a third party selected by Good Dog or its insurer, with respect to losses for which a Member is requesting payment from another Member or from Good Dog.
- As a Breeder you are solely responsible for determining your obligations to report, collect, remit or include in your List Price any applicable VAT or other indirect sales taxes, income taxes, or other taxes ("Taxes").
- Tax regulations may require us to collect appropriate Tax information from Breeder, or to withhold Taxes from payouts to Breeder, or both. If a Breeder fails to provide us with documentation that we determine to be sufficient to alleviate our obligation (if any) to withhold Taxes from payouts to you, we reserve the right to freeze all payouts, withhold such amounts as required by law, or to do both, until resolution.
- You understand that any appropriate governmental agency, department and/or authority ("Tax Authority") where you are located may require Taxes to be collected from Buyers or Breeders on List Prices, and to be remitted to the respective Tax Authority. The laws in jurisdictions may vary, but these Taxes may be required to be collected and remitted as a percentage of the List Prices set by Breeders.
14. Term and Termination, Suspension, and other Measures
- Subject to this Section, these Terms will remain in full force and effect while you use the Good Dog Platform.
- You may terminate this Agreement at any time by sending an email to email@example.com and canceling your Good Dog Account.
- Without limiting our rights specified below, Good Dog may terminate this Agreement for convenience at any time by giving you notice via email to your registered email address.
- Good Dog may immediately, without notice terminate this Agreement if (i) you have materially breached your obligations under these Terms, our policies, or standards, (ii) you have violated applicable laws, regulations or third party rights, or (iii) Good Dog believes in good faith that such action is reasonably necessary to protect the personal safety or property of Good Dog, its Members, or third parties (for example in the case of fraudulent behavior of a Member).
- In addition, Good Dog may take any of the following measures (i) to comply with applicable law, or the order or request of a court, law enforcement or other administrative agency or governmental body, (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third party rights, (iii) if you have provided materially inaccurate or fraudulent information during the Good Dog Account registration, Listing process or thereafter, (iv) if you and/or your Listings or Breeder Services at any time fail to meet any applicable quality or eligibility criteria, (v) if you have repeatedly received poor Reviews or Good Dog otherwise becomes aware of or has received complaints about your performance or conduct, (vi) if you have repeatedly cancelled confirmed transactions or failed to respond to Buyers’ inquiries without a valid reason, or (vii) if Good Dog believes in good faith that such action is reasonably necessary to protect the personal safety or property of Good Dog, its Members, or third parties, or to prevent fraud or other illegal activity:
- refuse to surface, delete or delay any Listings, Reviews, or other Member Content;
- cancel any pending or confirmed transactions;
- limit your access to, or use of, the Good Dog Platform;
- temporarily or permanently revoke any special status associated with your Good Dog Account; or
- temporarily or permanently suspend your Good Dog Account.
- In the case of non-material breaches and where appropriate, in Good Dog’s sole discretion, you will be given notice of any intended measure by Good Dog and an opportunity to resolve the issue to Good Dog's sole satisfaction.
1.If we take any of the measures described above or any others that result in a cancelled transaction, (i) we may refund Buyers in full for any and all confirmed transactions that have been cancelled, irrespective of preexisting cancellation policies, and (ii) you may not be entitled to any compensation for pending or confirmed transactions that were cancelled.
- When this Agreement has been terminated, you are not entitled to a restoration of your Good Dog Account. If your access to, or use of, the Good Dog Platform has been limited or your Good Dog Account has been suspended or this Agreement has been terminated by us, you may not register a new Good Dog Account or access or use the Good Dog Platform through an Account of another Member.
- If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO ACCESS OR USE THE GOOD DOG PLATFORM OR COLLECTIVE CONTENT, YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE GOOD DOG PLATFORM AND THE GOOD DOG CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND ANY USE OF SAME IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, GOOD DOG, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS AND LICENSORS (COLLECTIVELY, THE “GOOD DOG PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
THE GOOD DOG PARTIES MAKE NO WARRANTY, REPRESENTATION OR CONDITION THAT: (1) THE GOOD DOG PLATFORM WILL MEET YOUR REQUIREMENTS; (2) YOUR USE OF THE GOOD DOG PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (3) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE GOOD DOG PLATFORM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE GOOD DOG PLATFORM WILL BE CORRECTED.
ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE ACCESSED THROUGH THE GOOD DOG PLATFORM IS ACCESSED AT YOUR OWN RISK, AND YOU SHALL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE GOOD DOG PLATFORM, OR ANY OTHER LOSS THAT RESULTS FROM ACCESSING SUCH COLLECTIVE CONTENT.
THE SERVICES MAY BE SUBJECT TO DELAYS, CANCELLATIONS AND OTHER DISRUPTIONS. GOOD DOG MAKES NO WARRANTY, REPRESENTATION OR CONDITION WITH RESPECT TO SERVICES, INCLUDING BUT NOT LIMITED TO, THE QUALITY, EFFECTIVENESS, REPUTATION AND OTHER CHARACTERISTICS OF SERVICES.
YOU AGREE THAT YOU HAVE HAD WHATEVER OPPORTUNITY YOU DEEM NECESSARY TO INVESTIGATE THE SERVICES, LAWS, RULES, OR REGULATIONS THAT MAY BE APPLICABLE TO ANY LISTING AND/OR BREEDER SERVICES YOU ARE PROVIDING OR RECEIVING AND THAT YOU ARE NOT RELYING UPON ANY STATEMENT OF LAW OR FACT MADE BY GOOD DOG RELATING TO A LISTING. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM GOOD DOG OR THROUGH THE GOOD DOG PLATFORM WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
IF WE CHOOSE TO CONDUCT IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A MEMBER OR GUARANTEE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to, and use of, the Good Dog Platform and Collective Content, your publishing of or purchasing through any Listing via the Good Dog Platform, your sale or purchase of a dog, or use of any other Breeder Service or any other interaction you have with other Members whether in person or online remains with you. Neither Good Dog nor any other party involved in creating, producing, or delivering the Good Dog Platform or Collective Content will be liable for any incidental, indirect, punitive, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) from the use of or inability to use the Good Dog Platform or Collective Content, (iii) from any communications, interactions or meetings with other Members or other persons with whom you communicate, interact or meet with as a result of your use of the Good Dog Platform, or (iv) from your publishing of, or inquiring about, a Listing, including the provision or use of a Listing’s Breeder Services, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Good Dog has been informed of the possibility of such damage, even if a limited remedy set forth herein is found to have failed of its essential purpose. Except for our obligations to pay amounts to applicable Breeders pursuant to these Terms, in no event will Good Dog’s aggregate liability arising out of, or in connection with, these Terms and your use of the Good Dog Platform including, but not limited to, from your publishing of or purchasing through any Listings via the Good Dog Platform, or from the use of or inability to use the Good Dog Platform or Collective Content and in connection with any Breeder Service, or interactions with any other Members, exceed an amount determined in Good Dog’s sole discretion. The limitations of damages set forth above are fundamental elements of the basis of the bargain between Good Dog and you. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you reside outside of the U.S., this does not affect Good Dog’s liability for death or personal injury arising from its negligence, nor for fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law.
- You hereby release the Good Dog Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of the Good Dog Platform, including but not limited to, any interactions with or conduct of other Member or third-party websites of any kind arising in connection with or as a result of the Terms or your use of the Good Dog Platform. Good Dog expressly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (and our affiliates and subsidiaries, and our and their respective officers, directors, employees and agents) from 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 disputes. In entering into this release you expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
If you are a California resident, you hereby waive California Civil Code Section 1542, which states, “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”
- You agree to release, defend (at Good Dog’s option), indemnify, and hold Good Dog and its affiliates and subsidiaries, and our and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, legal and accounting fees, arising out of, or in any way connected with, (i) your breach of these Terms or our policies or standards, (ii) your improper use of the Good Dog Platform or any Services, (iii) your interaction with any Member or purchase or sale of any dog or Breeder Service through the Good Dog Platform, in each case, including, without limitation, any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with, or as a result of, such interaction or transaction, or (iv) your breach of any laws, regulations or third party rights.
19. Dispute Resolution and Arbitration Agreement
Good Dog is committed to participating in a consumer-friendly dispute resolution process, if possible. Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with Good Dog and limits the manner in which you can seek relief from us.
1. **Applicability of Arbitration Agreement**
- You agree that any dispute or claim relating in any way to your access or use of the Website or Services or to any aspect of your relationship with Good Dog, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or Good Dog may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).
a. Except as otherwise provided herein, this Arbitration Agreement also applies without limitation to all disputes between Member and Good Dog’s fiduciaries, administrators, affiliates, subsidiaries, parents, and their respective employees, directors and officers, and all successors and assigns of any of them, including but not limited to any dispute, controversy or claim arising out of relating to this Agreement or Member’s relationship with Good Dog, including termination of the relationship.
b. Except as is otherwise provided or required by law, this Arbitration Agreement also applies without limitation, and to the fullest extent permitted by law, to disputes regarding any city, county, state or federal wage-hour law, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment and claims arising under the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (except for individual claims for employee benefits under any benefit plan sponsored by Good Dog and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and state statutes, if any, addressing the same or similar subject matters, and all other similar federal and state statutory and common law claims.
c. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement or any prior version of this Agreement.
- Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to Good Dog, Inc., Attn: Legal Department, 6 W. 18th Street, 10th Floor, New York, NY 10011. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS’s filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Good Dog will pay them for you. In addition, Good Dog will reimburse all such JAMS’s filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. Likewise, Good Dog will not seek attorneys’ fees and costs in arbitration unless the arbitrator determines the claims are frivolous.
- You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Authority of Arbitrator. The arbitrator, and not any federal, state or local court or agency shall have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Good Dog. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.
- Waiver of Jury Trial. YOU AND GOOD DOG HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Good Dog are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 19.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court as set forth in Section 20.
- 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: firstname.lastname@example.org, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Good Dog username (if any), the email address you used to set up your Good Dog account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.
- Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
- Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Good Dog.
- Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Good Dog makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to Good Dog.
20. Applicable Law and Jurisdiction
- You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of New York, without regard to principles of conflict of laws, will govern this Agreement and any claim or dispute that has arisen or may arise between you and Good Dog, except as otherwise stated in this Agreement.
- Unless you and Good Dog agree otherwise, in the event that the Arbitration Agreement above is found not to apply to you or to a particular claim or dispute, as a result of a decision by an arbitrator or a court order, you agree that any claim or dispute that has arisen or may arise between you and Good Dog must be resolved exclusively by a state or federal court located in New York County, New York. You and Good Dog agree to submit to the personal jurisdiction of the courts located within New York County, New York for the purpose of litigating all such claims or disputes.
21. Community Concerns and Feedback
- We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to email@example.com. We keep the identity of anyone who submits a complaint confidential. All concerns are investigated by our screening department and our Compliance Committee.
1.In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210 .
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Good Dog Platform ("Feedback"). You may submit Feedback by emailing firstname.lastname@example.org, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.
22. Copyright Policy
- Good Dog is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. We have adopted and 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 the Good Dog Platform who are infringers of intellectual property rights, including copyrights. Good Dog will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) ("DMCA").
- Pursuant to the DMCA, notifications of claimed copyright infringement must be submitted in writing to our Designated Copyright Agent in the manner described below:
- By Mail: Good Dog, Inc. ATTN: Copyright Agent 6 W. 18th Street, 10th Floor New York, NY 10011
- By Email: email@example.com
- For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:
- A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
- Identification of the copyrighted work claimed to have been infringed;
- Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Good Dog to locate the material;
- Information reasonably sufficient to permit Good Dog to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
- For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).
- You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys’ fees.
23. General Provisions
- Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, these Terms constitute the entire Agreement between Good Dog and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between Good Dog and you in relation to the access to and use of the Good Dog Platform.
- No joint venture, partnership, employment, or agency relationship exists between you and Good Dog as a result of this Agreement or your use of the Good Dog Platform.
- These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
- If any provision of these Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
- Good Dog’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
- You may not assign, transfer or delegate this Agreement and your rights and obligations hereunder without Good Dog's prior written consent. Good Dog may without restriction assign, transfer or delegate this Agreement and any rights and obligations hereunder, at its sole discretion. Your right to terminate this Agreement at any time remains unaffected.
Unless specified otherwise, any notices or other communications to Members permitted or required under this Agreement, will be in writing and given by Good Dog via email, the Good Dog Platform notification, telephone, or other messaging service (including SMS). The date of receipt will be deemed the date on which Good Dog transmits the notice. For contractual purposes, you (1) consent to receive communications from Good Dog in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Good Dog provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights, including but not limited to the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et sep. (“E-Sign”).
If you have any questions about these Terms please email us us or contact us at: Good Dog, Inc., Legal Department, 6 W. 18th Street, 10th Floor, New York, NY 10011.