Terms of Service
This website is operated by PupSays. Throughout the site, the terms “we,” “us,” and “our” refer to PupSays. We offer this website, including all information, tools, and services available on it, to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/or purchasing from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service” or “Terms”), including any additional terms, conditions, and policies referenced herein or accessible via hyperlink. These Terms apply to all users of the site, including but not limited to browsers, vendors, customers, merchants, and content contributors.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms. If you do not agree to all the terms and conditions of this agreement, you may not access the website or use its services. If these Terms are considered an offer, your acceptance is expressly limited to these Terms.
Any new features or tools added to the store will also be governed by these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update, modify, or replace any part of these Terms by posting changes on our website. It is your responsibility to periodically review this page for updates. Continued use of or access to the website following the posting of changes constitutes your acceptance of those changes.
Our store is hosted by Shopify Inc., which provides us with the online e-commerce platform to sell our products and services.
1. Online Store Terms
1.1 By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state, province or country of residence, or that you are the age of majority in your state, province, or country of residence. and you have given us your consent to allow any of your minor dependents to use this site.
1.2 You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
1.3 You must not transmit any worms or viruses or any code of a destructive nature.
1.4 A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. General Conditions
2.1 Right to Refuse Service
We reserve the right to refuse service to anyone, for any reason, at any time.
2.2 Data Transmission and Security
You acknowledge and agree that your content (excluding credit card information) may be transferred unencrypted and may involve:
(a) transmission across various networks; and
(b) adjustments to conform to technical requirements of connecting networks or devices.
Credit card information is always encrypted during transmission over networks.
2.3 Prohibited Use of the Service
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, its use, or access, or any contact on the website through which the Service is provided, without our express written permission.
2.4 Agreement Headings
The headings in this agreement are provided for convenience only and do not limit or otherwise affect these Terms.
3. Accuracy, Completeness, and Timeliness of Information
3.1 General Disclaimer
We do not guarantee that the information provided on this site is accurate, complete, or current. The material on this site is intended for general informational purposes only and should not be solely relied upon for decision-making. You should consult primary, accurate, complete, or timely sources of information before making decisions. Any reliance on the material on this site is at your own risk.
3.2 Historical and Outdated Information
This site may include historical information, which is not necessarily current and is provided for reference only. While we reserve the right to modify the contents of this site at any time, we are under no obligation to update any information. You acknowledge that it is your responsibility to monitor changes to our site.
4. Modifications to the Service and Prices
4.1 Price Changes
Prices for our products are subject to change at any time without prior notice.
4.2 Service Modifications
We reserve the right to modify, suspend, or discontinue the Service (or any part of its content) at any time without prior notice.
4.3 Limitation of Liability
We are not liable to you or any third party for any modification, price change, suspension, or discontinuation of the Service.
5. Products or Services
5.1 Availability
Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange only in accordance with our Return Policy.
5.2 Product Display
We make every effort to display the colors and images of our products as accurately as possible. However, we cannot guarantee that the colors displayed on your computer monitor will be accurate.
5.3 Right to Limit Sales
We reserve the right to:
- Limit the sale of our products or services to any individual, geographic region, or jurisdiction, at our sole discretion, on a case-by-case basis.
- Restrict the quantities of any products or services we offer.
- Change product descriptions, pricing, or discontinue any product without notice.
- Any offer for a product or service on this site is void where prohibited by law.
5.4 No Warranty on Quality or Error Correction
We do not guarantee that the quality of any products, services, information, or other materials purchased will meet your expectations. Additionally, we do not warrant that errors in the Service will be corrected.
6. Accuracy of Billing and Account Information
6.1 Order Refusal and Limitations
We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include, but are not limited to, orders placed under the same customer account, using the same credit card, or orders with the same billing and/or shipping address.
If we modify or cancel an order, we may attempt to notify you using the email, billing address, or phone number provided at the time of purchase. Additionally, we reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
6.2 Accurate and Updated Information
You agree to provide current, complete, and accurate purchase and account information for all transactions made in our store. You also agree to promptly update your account details, including email address, credit card numbers, and expiration dates, to ensure we can complete your transactions and contact you when necessary.
6.3 Return Policy Reference
For further details, please refer to our Return Policy.
7. Optional Tools
7.1 Third-Party Tools
We may provide you with access to third-party tools over which we have no control, monitoring, or input.
7.2 "As-Is" Disclaimer
You acknowledge and agree that these tools are provided on an "as-is" and "as-available" basis, without any warranties, representations, conditions, or endorsements of any kind. We are not liable for any issues or consequences arising from your use of optional third-party tools.
7.3 User Responsibility
Your use of optional tools offered through the site is entirely at your own risk and discretion. It is your responsibility to ensure that you are familiar with and agree to the terms under which the tools are provided by the relevant third-party provider(s).
7.4 Future Features and Services
We may, in the future, introduce new services and/or features through the website, including new tools and resources. Such features and/or services will also be governed by these Terms of Service.
8. Third-Party Links
8.1 Inclusion of Third-Party Content
Certain content, products, or services available through our Service may include materials from third parties.
8.2 Third-Party Websites
This site may include links to third-party websites that are not affiliated with us. We do not review, monitor, or guarantee the content or accuracy of these websites, and we disclaim any responsibility or liability for third-party materials, websites, or their associated products and services.
8.3 Transactions with Third Parties
We are not liable for any harm or damages arising from your purchase or use of goods, services, resources, content, or any other transactions conducted through third-party websites. It is your responsibility to review the third-party's policies and practices carefully and ensure you understand them before engaging in any transactions.
8.4 Directing Issues to Third Parties
Any complaints, claims, concerns, or questions regarding third-party products or services should be addressed directly to the respective third party.
9. User Comments, Feedback, and Other Submissions
9.1 Ownership and Usage Rights
If you submit specific materials at our request (e.g., contest entries) or voluntarily provide creative ideas, suggestions, proposals, plans, or other materials (collectively, "comments"), whether online, via email, by postal mail, or otherwise, you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and use these comments in any medium. You further agree that we are under no obligation to:
- Maintain the confidentiality of any comments;
- Pay compensation for any comments; or
- Respond to any comments.
9.2 Moderation of Content
We may, but are not obligated to, monitor, edit, or remove content that we determine, at our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, obscene, pornographic, or otherwise objectionable, or that violates any intellectual property rights or these Terms of Service.
9.3 User Responsibilities
You agree that your comments will not violate the rights of any third party, including but not limited to copyrights, trademarks, privacy, personality, or other personal or proprietary rights. Additionally, you agree that your comments will not contain:
- Libelous, abusive, obscene, or otherwise unlawful material;
- Computer viruses or malware that could disrupt the Service or related websites.
You may not use a false email address, impersonate another person, or otherwise mislead us or third parties regarding the origin of any comments. You are solely responsible for the accuracy and legality of the comments you make. We assume no responsibility and disclaim all liability for any comments posted by you or any third party.
10. Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. For more details, please review our Privacy Policy.
11. Errors, Inaccuracies, and Omissions
11.1 Potential Errors
From time to time, our site or Service may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability.
11.2 Right to Correct and Update
We reserve the right to correct any errors, inaccuracies, or omissions, and to update or modify information, or cancel orders, at any time without prior notice, including after an order has been submitted if the information in the Service or on any related website is found to be inaccurate.
11.3 No Obligation to Update
We are under no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law.
11.4 No Implied Updates
The absence of a specified update or refresh date on the Service or any related website should not be interpreted to mean that all information on the site or related websites has been updated or is current.
12. Prohibited Uses
12.1 Restrictions on Use
In addition to the other prohibitions outlined in these Terms of Service, you are strictly prohibited from using the site or its content for the following purposes:
(a) For any unlawful purpose;
(b) To solicit others to perform or participate in unlawful acts;
(c) To violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances;
(d) To infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) To submit false or misleading information;
(g) To upload or transmit viruses, malware, or any other malicious code that could affect the functionality or operation of the Service, related websites, other websites, or the Internet;
(h) To collect or track the personal information of others;
(i) To engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping;
(j) For any obscene or immoral purpose; or
(k) To interfere with or circumvent the security features of the Service, related websites, other websites, or the Internet.
12.2 Right to Terminate
We reserve the right to terminate your use of the Service or any related website immediately if you are found to be in violation of these prohibited uses.
13. Disclaimer of Warranties; Limitation of Liability
13.1 No Guarantees or Warranties
We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free. Additionally, we do not guarantee that the results obtained from using the Service will be accurate or reliable.
13.2 Service Suspension or Termination
You acknowledge and agree that we may, from time to time, remove the Service for indefinite periods or cancel the Service entirely at any time, without prior notice to you.
13.3 "As-Is" and "As-Available" Basis
Your use of the Service, or inability to use the Service, is at your sole risk. The Service, including all products and services delivered through it, is provided "as is" and "as available" without any representations, warranties, or conditions of any kind, either express or implied. This includes, but is not limited to, implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
13.4 Limitation of Liability
In no case shall PupSays, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind. This includes, but is not limited to:
- Lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages,
- Any claims related to your use of the Service or any products purchased through the Service,
- Errors or omissions in any content,
- Losses or damages incurred as a result of the use of the Service, any content, or products transmitted, posted, or otherwise made available via the Service.
These limitations apply regardless of whether the liability is based on contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.
13.5 Jurisdictional Limitations
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions will be limited to the maximum extent permitted by law.
14. Indemnification
You agree to indemnify, defend, and hold harmless PupSays, along with its parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands made by third parties. This includes reasonable attorneys’ fees, arising from or related to:
- Your breach of these Terms of Service or any documents incorporated by reference;
- Your violation of any law; or
- Your infringement of the rights of any third party.
15. Severability
If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision shall still be enforceable to the maximum extent permitted by applicable law. The unenforceable portion will be deemed severed from these Terms of Service, and such a determination will not affect the validity or enforceability of the remaining provisions.
16. Termination
16.1 Survival of Obligations
All obligations and liabilities incurred by the parties prior to the termination date shall survive the termination of this agreement for all purposes.
16.2 Termination by Either Party
These Terms of Service remain in effect unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services or by ceasing use of our site.
16.3 Termination for Breach
If, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without prior notice. In such a case:
- You will remain liable for all amounts due up to and including the date of termination; and
- We may deny you access to our Services (or any part thereof).
17. Entire Agreement
17.1 No Waiver
Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of such right or provision.
17.2 Supersession of Prior Agreements
These Terms of Service, along with any policies or operating rules posted by us on this site or concerning the Service, represent the entire agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us, including but not limited to previous versions of the Terms of Service.
17.3 Ambiguities
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.
18. Governing Law
These Terms of Service and any separate agreements under which we provide you with Services shall be governed by and construed in accordance with the laws of Your Country/State.
19. Changes to Terms of Service
19.1 Access to Current Terms
The most current version of the Terms of Service is always available on this page for your review.
19.2 Right to Update Terms
We reserve the right, at our sole discretion, to update, modify, or replace any part of these Terms of Service by posting updates and changes on our website. It is your responsibility to periodically review the website for any changes.
19.3 Acceptance of Changes
Your continued use of or access to our website or Services following the posting of updates to these Terms of Service constitutes your acceptance of those changes.
20. Force Majeure
We shall not be held liable or responsible for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, labor disputes, power outages, or internet service disruptions.
21. Dispute Resolution
In the event of a dispute arising from or relating to these Terms of Service or your use of the Service, both parties agree to first attempt to resolve the dispute informally by contacting each other. If the dispute cannot be resolved informally, it shall be submitted to binding arbitration in accordance with the rules of Arbitration Institution, with the arbitration conducted in Arbitration Institution City/Country.
22. User Account and Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. We reserve the right to suspend or terminate your account if we suspect any unauthorized use or violation of these Terms of Service.
23. Contact Information
If you have any questions regarding these Terms of Service, please contact us at support@pupsays.com.