This website, including the features, content and services available from the site located at
SimplePuppy.com and any mobile application, (collectively the “Service”) is an interactive online
service provided by Tresup LLC (referred to as “SimplePuppy.com”). The term “Service” is
deemed to refer to using the Service by means of a computer, a mobile device or a mobile
application. These Terms of Service, along with any additional terms and conditions that are
referenced herein or that are presented elsewhere on the Service (collectively the “Agreement”) and
By accessing or using the Service, you agree to be bound by all the terms of this Agreement and our
, which is incorporated herein by reference. In addition, some services offered through the Service
may be subject to additional terms and conditions adopted by SimplePuppy.com. Your use of those
services is subject to those additional terms and conditions, which are incorporated herein by
IF YOU DO NOT WISH TO ACCEPT ALL THE TERMS OF THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.
Access to the service and creating an account
- In order to use or access the Service, you represent that you are 13 years of age or older and,
if you are under the age of 18, you either are an emancipated minor, or have obtained the legal
consent of your parent or legal guardian to enter into this Agreement and fulfill the
obligations set forth herein, which forms a binding contract between you and SimplePuppy.com.
- If you are accessing the Service through a social networking service (“SNS”), such as Facebook
or Google+, you may be required to have an account with the SNS through which you connect to the
- For accounts created directly with SimplePuppy.com, you agree to provide SimplePuppy.com with
accurate and complete information as required by registration for the Service. You are solely
responsible for managing your account and agree to keep your customer registration data current
at all times. Your password should be kept strictly confidential to prevent unauthorized use.
- The collection and use of your account information, whether extracted from an SNS or created
may use your account information and other data related to your use of the Service as provided
Dog adoption and interactions with other users
- The SimplePuppy.com Service is intended for users who want to find and adopt a dogfor their own
personal/family use or for someone they know. You may not use the Service for any other purpose,
including, but not limited to: (i) acquiring pets through the Service and re-selling them with
the intent to make a profit or for some other commercial purpose; (ii) acquiring pets for use in
puppy mills; or (iii) acquiring pets for any purpose that contributes to or promotes violence
against animals. You represent that you will not harm, abuse, sell, kill, or use as food, any
pets available through the Service, or knowingly assist others in doing the same.
- SimplePuppy.com contains listings of pets for adoption, but does not in any way screen its users
or the pets available for adoption on the site. Nor does SimplePuppy.com inquire into the
backgrounds of its users or attempt to verify the statements of its users. SimplePuppy.com makes
no representations or warranties as to the conduct of users or the quality, health or
suitability of the pets available through the Service. As such, it is your responsibility to
conduct any necessary, appropriate, prudent or judicious investigation, inquiry, research or due
diligence with respect to your interactions with other users and with respect to any pets
available through the Service.
- In no event shall SimplePuppy.com be liable for any damages whatsoever, whether direct,
indirect, general, special, compensatory, consequential, and/or incidental, arising out of or
relating to the conduct of you or anyone else in connection with the use of the Service,
including without limitation, bodily injury, emotional distress, and/or any other damages
resulting from transactions with other users or pets acquired through the Service. You
understand that SimplePuppy.com makes no guarantees, either express or implied, regarding your
ultimate satisfaction with any pets acquired through the service or the suitability of any
Limited license to use the service
- Subject to your compliance with this Agreement, SimplePuppy.com grants you a limited, revocable,
non-exclusive, non-transferable, non-sublicensable license to use and access the Service, solely
for your personal, non-commercial use.
- You agree not to (i) use the Service for any use or purpose other than as expressly permitted by
this Agreement; (ii) copy, adapt, modify, prepare derivative works based upon, distribute,
license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast or
otherwise exploit the Service, Content or any portion thereof, except as expressly permitted in
this Agreement; (iii) use the Service for creating a product, service or software that is,
directly or indirectly, competitive with or in any way a substitute for the Service; (iv) remove
any proprietary notices or labels in the Service; (v) use automation software, bots, hacks, mods
or any unauthorized third party software designed to modify or interfere with the Service; (vi)
gain unauthorized access to the Service, other users’ accounts, names, passwords, personally
identifiable information or other computers or website; (vii) modify, disrupt, impair, alter or
interfere with the use, features, functions, operation or maintenance of the Service or the
rights of use and enjoyment of the Service by any other person, firm or enterprise; (viii) send
or transmit junk e-mail, chain letters, duplicative or unsolicited messages, surveys, contests,
pyramid scheme, or so-called “spamming” and “phishing”; or (ix) use the Service in any manner
which violates or is inconsistent with the terms and conditions of this Agreement. No licenses
or rights are granted to you by implication or otherwise under any intellectual property rights
owned or controlled by SimplePuppy.com or its licensors, except for the permissions and rights
expressly granted in this Agreement.
- The terms of this Agreement apply to all upgrades and updates to the Service provided by
SimplePuppy.com, unless such upgrade or update is accompanied by a separate license, in which
case the terms of that license will govern.
- SimplePuppy.com reserves the right to refuse any user access to the Service without notice for
any reason, including, but not limited to, a violation of this Agreement.
- All content and materials comprising the Service, including without limitation, software,
computer code, artwork, graphics, photographs, video, animations, sounds, musical compositions,
audio-visual effects, titles, themes, objects, icons, virtual items, concepts, effects, methods
of operation and documentation, and the selection and arrangement thereof (“Content”) and the
trademarks, service marks, trade dress and logos contained therein (“Marks”), as between you and
SimplePuppy.com, are owned by SimplePuppy.com or its licensors. All other trademarks, service
marks, trade names and logos used on the Service, with or without attribution, are the
trademarks, service marks, trade names and logos of their respective owners.
- You acknowledge and agree that the Content and Marks are protected by copyrights, trademarks,
service marks, patents, trade secrets or other proprietary rights and laws of the United States
and similar laws of other jurisdictions. SimplePuppy.com reserves all rights, including without
limitation, all intellectual property rights or other proprietary rights, in connection with the
Content and Marks. You acknowledge and agree that you shall not acquire any ownership rights
whatsoever by using or accessing the Service.
- “User Submissions” are defined as any communications, messages, doglistings, dogdata, pet
photos, text, images, sounds and all the material, data, content and information that you upload
or transmit through the Service, or that is extracted from your SNS profile, such as your
profile picture. By posting any User Submissions on, through or in connection with the Service,
you hereby grant to SimplePuppy.com a perpetual, non-exclusive, fully-paid and royalty-free,
sublicensable, transferable (in whole or in part), worldwide license to use, modify, excerpt,
adapt, create derivative works and compilations based upon, publicly perform, publicly display,
reproduce, and distribute such User Submissions on, through or in connection with the Service or
in connection with any distribution or syndication thereof on and through all media formats now
known or hereafter devised, for any and all purposes including, but not limited to, promotional,
marketing, trade or commercial purposes. SimplePuppy.com’s use of such User Submissions shall
not require any further notice to you and such use shall be without the requirement of any
permission from or payment to you or to any other person or entity. You also grant each user of
the SimplePuppy.com a non-exclusive license to access, use, modify, distribute and transmit your
User Submissions as permitted through the functionality of SimplePuppy.com and under this
Agreement. To the extent permitted by applicable laws, you hereby waive any moral rights you may
have in the User Submissions you submit.
- SimplePuppy.com expressly disclaims any and all liability in connection with User Submissions.
You acknowledge that User Submissions are not controlled or endorsed by SimplePuppy.com and
shall not be considered, reviewed, screened or approved by SimplePuppy.com. However,
SimplePuppy.com reserves the right to remove Content and User Submissions in its sole discretion
and without prior notice. SimplePuppy.com also reserves the right to terminate a user’s access
to the Service at any time in its sole discretion and without prior notice.
- You represent and warrant that: (i) you own the User Submissions posted by you on, through or in
connection with the Service, or otherwise have the right to grant the license set forth in this
Section, and (ii) the posting of User Submissions by you on, through or in connection with the
Service does not violate the privacy rights, publicity rights, copyrights, contract rights or
any other rights of any person or entity.
- User Submissions are not confidential and will not be returned to the user.
Digital millenium copyright act (“DMCA”) policy
SimplePuppy.com respects the intellectual property rights of others and expects users of the Service
to do the same. We will respond to notices of alleged copyright infringement that comply with
applicable law and are properly provided to us.
If you believe that your content has been copied in a way that constitutes copyright infringement,
please provide us with the following information:
- a physical or electronic signature of the copyright owner or a person authorized to act on their
- 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
infringing activity and that is to be removed or access to which is to be disabled, and
information reasonably sufficient to permit us to locate the material;
- your contact information, including your address, telephone number, and an email address;
- a statement by you 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 the 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.
We reserve the right to remove content alleged to be infringing without prior notice and at our sole
discretion. In appropriate circumstances, SimplePuppy.com will also terminate a user’s account if
the user is determined to be a repeat infringer. Our designated copyright agent for notice of
alleged copyright infringement appearing on the Service is:
- SimplePuppy.com may, under certain circumstances and without prior notice, immediately terminate
your account and access to the Service. Cause for such termination shall include, but not be
limited to: (i) breaches or violations of this Agreement or other incorporated agreements or
guidelines; (ii) requests by law enforcement or other government agencies; (iii) a request by
you (self-initiated account deletions); (iv) discontinuance or material modification to the
Service (or any part thereof); (v) unexpected technical or security issues or problems; (vi)
extended periods of inactivity; (vii) engagement by you in fraudulent or illegal activities;
and/or (viii) nonpayment of any fees owed by you in connection with the Service or any other
- Termination of your account may include: (i) removal of access to all pages within the Service;
(ii) deletion of your password and all related information, files and materials, including User
Submissions associated with or inside your account (or any part thereof); and (iii) barring of
further use of the Service. Further, you agree that all terminations for cause shall be made in
SimplePuppy.com’s sole discretion and that SimplePuppy.com shall not be liable to you or any
third party for any termination of your account, any associated email address, or access to the
Links and third party advertising
- The Service may contain links to third-party websites or resources. You acknowledge and agree
that we are not responsible or liable for: (i) the availability or accuracy of such websites or
resources; or (ii) the content, products, or services on or available from such websites or
resources. Links to such websites or resources do not imply any endorsement by SimplePuppy.com
of such websites or resources or the content, products, or services available from such websites
or resources. You acknowledge sole responsibility for and assume all risk arising from your use
of any such websites or resources.
- From time to time, during your use of the Service, you may communicate with, receive
communications from, be re-directed to, interact with, or participate in or use the services or
obtain goods and services of or from, third parties such as our advertisers, sponsors, or
promotional partners (collectively, the “Advertisers”). All such communication, interaction and
participation is between you and such Advertisers and we shall not be responsible or liable to
you in any way in connection with these activities or transactions (including, without
limitation, any representations, warranties, covenants, contracts or other terms or conditions
that may exist between you and the Advertiser or any goods or services you may purchase or
obtain from any Advertiser obtain from any Advertiser).
Contests, sweepstakes and promotions
From time to time, SimplePuppy.com, its affiliates, suppliers, and Advertisers, may conduct
promotions on or through the Service, including, without limitation, auctions, contests and
sweepstakes, which may be subject to Additional Terms and/or Rules.
Changes to this agreement
SimplePuppy.com reserves the right, in its sole discretion, to modify or revise this Agreement at any
time, and you agree to be bound by such modifications or revisions. Any such change or modification
will be effective immediately or, where required by law, 30 days after their publication in
connection with the Service. SimplePuppy.com may notify you of any such changes by posting the
notice of such changes on the SimplePuppy.com website or sending notice via other means. Your
continued use of the Service after any changes or modifications to this Agreement are posted will
constitute your acceptance of, and agreement to, such changes or modifications. If you object to any
change or modification, your sole recourse shall be to cease using the Service.
Disclaimer of warranty
Your access to and use of the Service or any Content is at your own risk. You understand and agree
that the Service is provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the
foregoing, SIMPLEPUPPY.COM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and
disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness,
security or reliability of the Service or any content thereon. SimplePuppy.com will not be
responsible or liable for any harm to your computer system, loss of data, or other harm that results
from your access to or use of the Service, or any Content. You also agree that SimplePuppy.com has
no responsibility or liability for the deletion of, or the failure to store or to transmit, any
Content and other communications maintained by the Service. We make no warranty that the Service
will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No
advice or information, whether oral or written, obtained from SimplePuppy.com or through the
Service, will create any warranty not expressly made herein.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: 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.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIMPLEPUPPY.COM AND ITS SUBSIDIARIES, AFFILIATES,
OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF
PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE
OF OR INABILITY TO ACCESS OR USE THE SERVICE; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE
SERVICE, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS
OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICE; AND (iv) UNAUTHORIZED ACCESS, USE OR
ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT
(INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT SIMPLEPUPPY.COM HAS BEEN INFORMED OF
THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS
Upon SimplePuppy.com’s and/or its licensors’ request, you agree to defend, indemnify and hold
harmless SimplePuppy.com, its licensors and SimplePuppy.com’s affiliates, directors, employees,
contractors, vendors, and content providers from all liabilities, claims and expenses, including
attorneys’ fees, that arise from or relate to the use of the Service by you or your account, any
breach of this Agreement by you, or your interactions with other users.
- This Agreement states your entire agreement with SimplePuppy.com regarding the use of the
Service. If any portion of this Agreement is held invalid or unenforceable, that portion shall
be construed in accordance with applicable law as nearly as possible to reflect the original
intention of the parties, and the remainder of this Agreement shall remain in full force and
- No delay or failure to take action under this Agreement shall constitute any waiver by
SimplePuppy.com of any provision of this Agreement.
- This Agreement shall be governed by the laws of the State of Florida without regard to its
conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute
with SimplePuppy.com or affiliates or relating in any way to your use of the Service resides
exclusively in the courts of Florida, and you further consent and agree to personal
jurisdiction by the state and federal courts sitting in the State of Florida, Miami-Dade County,
in connection with any such dispute.
- Any cause of action by you must be instituted within one year after the claim or cause of action
has arisen, or be barred.
- All obligations, restrictions and warranties placed upon you by this Agreement shall survive
termination of the Service.
- This Agreement, and any rights and licenses granted hereunder, may not be transferred or
assigned by you, but may be assigned by SimplePuppy.com without restriction.
If you have any questions about this Agreement, or the practices of SimplePuppy.com’s Service, please
contact us at: