Terms of Service
Last updated: December, 2018
FetchemPuppies.com (the Site), wholly owned and operated by Fetchem, LLC (Fetchem), is solely an electronic advertising venue.
The Site is offered to you conditioned on your acceptance without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of the Site constitutes your agreement to all such Terms.
The Site connects pet owners with breeders, or individuals who sell puppies. The Site is an electronic venue for communication between sellers and potential buyers.
Fetchem is not a party, expressed or implied, to any transaction that may take place between buyers and sellers. The Site has no control of, nor influence over, the content of listings, including the truth or accuracy of any listing.
Neither the Site, nor Fetchem, has any influence over whether Buyers or Sellers complete any particular transaction.
If there is a dispute, the Site and Fetchem, including its officers, directors, agents, subsidiaries, employees, and assigns, are hereby released from any claims, demands, and damages – actual and consequential – of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of, or in any way connected with such disputes.
If you are a California resident, you waive California Civil Code §1542, which states, inter alia:
A general release does not extend to claims which the creditor does not know, or suspect to exist in his favor, at the time of executing the release, which, if known by him, must have materially affected his settlement with the debtor.
You acknowledge and agree that communications and transmission to and from the Site are not confidential and that there is no confidential, fiduciary, contractually implied, or other relationship created between you and Fetchem other than as stated in this Agreement. You further agree that no joint venture, partnership, employment, or agency relationship expressed, or implied, exists between you and Fetchem as a result of this Agreement, or use of the Site.
Choice of Law and Venue
Any dispute that arises, to which Fetchem, LLC is alleged to be a party, shall be governed by and interpreted and construed in accordance with the laws of the State of New Jersey, without regard to choice of law principles. Venue for any litigation shall be in the courts of appropriate jurisdiction in Monmouth County, New Jersey.
Fees and Costs
The fee required to place an ad to sell a puppy on the site is $25.00 per month. This is a non-refundable fee. The site has the right to terminate your subscription at any time. For questions, please email us.
Visiting the Site, or sending emails to the site constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Fetchem is not responsible for third-party access to your account that results from theft or misappropriation of your account. Fetchem and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.
The Site does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site only with permission of a parent or guardian.
The Site cannot provide a refund for any reason other than a duplicate (or overlapping) charge for a listing.
For example, we cannot provide a refund if you change your mind about the Listing, or its content or enhancements, or if you have made mistakes in submitting the Listing, or if you have not received any inquiries or offers to purchase the puppy through the Site, or if the puppy has already been sold through other means. We also cannot provide a refund if you have made mistakes in the content of the Listing. You can review your Listing before purchasing and edit it afterward. In any case, where it is determined by the Site that the Site has made a mistake, we will, of course, make appropriate corrections to the Listing.
If you make mistakes in submitting a Listing to the Site, you can edit the Listing through our online editing tools. Fetchem cannot provide any refund or credit.
Your credit card will show a charge to Fetchem, LLC. Please do not contact your credit card company and file a “chargeback” for the purpose of receiving a refund for an ad you have placed. Because our website is continually being updated to enhance features, correct a bug, or otherwise, please contact us if you should have a question about the charge by Fetchem, LLC on your credit card statement.
For any questions, use our Online Support Form…we monitor it daily.
Links to third party sites/Third party services
The Site may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of the Site and the Site is not responsible for the contents of any Linked Site, including without limitation, any link contained in a Linked Site, or any changes or updates to a Linked Site.
The Site is providing these links to you only as a convenience. The inclusion of any link does not imply endorsement by the Site of the site or any association with its operators.
Certain services made available via the Site are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the Site, you hereby acknowledge and consent that the Site may share such information and data with any third party with whom the Site has a contractual relationship to provide the requested product, service or functionality on behalf of the Site’s users and its visitors and members.
No unlawful or prohibited use/Intellectual Property
You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of the Site, or its suppliers, and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. The Site content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content. You will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of the Site and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Site or our licensors, except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Site account to third-party accounts. By connecting your Site account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by the Site from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the the Site content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Fetchem, LLC, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Fetchem reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fetchem in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FETCHEM, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FETCHEM, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FETCHEM, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Fetchem reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New Jersey and you hereby consent to the exclusive jurisdiction and venue of courts in New Jersey in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Fetchem as a result of this agreement or use of the Site. Fetchem’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Fetchem’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by the Site with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fetchem,LLC with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Fetchem with respect to the Site. A printed version of this agreement, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this Agreement and all related documents be written in English.
Changes to Terms
Fetchem reserves the right, in its sole discretion, to change the Terms that are offered. The most current version of the Terms will supersede all previous versions. Fetchem, LLC encourages you to periodically review the Terms to stay informed of our updates.
Fetchem welcomes your questions or comments regarding the Terms of Service.