Dogs & Pets - Next Day Pets

This Agreement ("Agreement") is by and between NextDayPets.com ("Next Day Pets") a Maryland Limited Liability Company and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of the Next Day Pets website and the services of pet selling and buying and the selling of pet supplies and explains Next Day Pets' obligations to You and Your obligations to Next Day Pets.

This Agreement along with any other or additional Next Day Pets policies, together with any modifications that may be made hereto, constitutes the complete and exclusive agreement between You and Next Day Pets. This Agreement supersedes all prior proposals, agreements, or other communications. All Next Day Pets policies and agreements specific to use of the Next Day Pets website are incorporated herein and are made part of this Agreement by reference.

You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, as well as any new, different or additional terms, conditions or policies which Next Day Pets may establish from time to time, and any agreements that Next Day Pets is currently bound by or will be bound by in the future.

You understand and agree that Next Day Pets operates this website on a commercial basis and that in consideration of your use of the site, you agree that You are bound to the terms and conditions herein with regard to your use of this website, and You agree to be bound as to any use and/or transactions undertaken on your behalf by anyone acting as Your Agent or otherwise using your account whether or not the transactions were on Your behalf. You acknowledge that Next Day Pets' acceptance of any request for price information and/or Next Day Pets' ratification of any contract related to the use of the web site will take and/or is deemed to have taken place at Next Day Pets' offices located in Edgewater, Maryland, USA.

The most current version of this Agreement is available on line at: http://www.nextdaypets.com/terms.aspx.

DEFINITIONS
a. Site refers to the website established and operated by Next Day Pets.

b. Advertiser is an individual or corporation that posts an advertisement on the Site for the purpose of advertising the sale, adoption, or a wanted advertisement for a dog or puppy.

c. Seller is an Advertiser that purchased a subscription.

d. User is any individual or corporation that visits and uses the Site in any manner.

e. Content refers to all information, data, text, photographs, graphics, images, messages or other materials posted by an Advertiser, Seller or User on the Site.

f. Buyer is a User of the Site that contacts an Advertiser or Seller with the intent to purchase a dog or puppy.

g. Member is any User that registers with the Site.

The following additional terms and conditions apply:

1. TERM OF AGREEMENT AND MODIFICATION
You agree that Next Day Pets may modify this Agreement at any time and You agree to be bound by all changes that Next Day Pets may reasonably make hereto. If You conduct a transaction with Next Day Pets the term of this Agreement shall continue in full force and effect as long as You use and/or take advantage of the subject of that transaction.

2. SERVICES PROVIDED
Next Day Pets provides individuals and business in the business of selling and placing up for adoption dogs an advertising forum. Advertisers, Sellers, Buyers and Users agree that Next Day Pets may at any time change or modify the services provided by the Site as described in this Section 2.

FeelSafe, Pet Pay! Invoicing ("FeelSafe") is a service that provides the Buyer and Seller an invoicing service. In order for a Seller to be eligible to use FeelSafe they must register with ID verify which can be accessed by going to https://www.nextdaypets.com/MyAccount/NextDayPetsEID/.  To review the rules and disclosures regarding the FeelSafe service see Section 26 of this Agreement.

3. USER FEES .The following uses of the Site are free: advertising dogs or puppies for sale or adoption; wanted advertisements, browsing for sale, wanted, and adoption listings; contacting a Seller. Buyers may pay fee of Five Dollars Ninety Five Cents ($5.95) to contact an unlimited amount of Advertisers for Thirty (30) days, Eight Dollars Ninety Five Cents ($8.95) for Sixty (60) days or Fourteen Dollars Ninety Five Cents ($14.95) for One Hundred Eighty (180) days. Fees paid by Buyers are non-recurring. Fees for Sellers are as follows: advertising for sale or wanted advertisements without a cost to the Buyer are Nineteen Dollars and Ninety Five Cents ($19.95) on a monthly basis and Two Hundred Forty Nine Dollars and Ninety Five Cents ($249.95) for an annual subscription; listing in the Breeder Directory is Sixty Dollars ($60.00) for a regular listing and Eighty Dollars ($80.00) for a featured listing, all listings in the Breeder Directory are annual. All new monthly subscriptions require two months of service at $39.90 ($19.95 per month) to be purchased up front. After the initial period all subscription automatically renew on a monthly basis at a rate of $19.95 unless cancelled. In order to cancel the automatic renewal go to "My Account" and click the "Cancel My Subscription" link at any time. All cancellations must be done prior to 24 hours of the renewal. If the subscriber fails to cancel their account prior to 24 hours of the next reoccurrence, they will be billed and no refund will be issued. Next Day Pets may change the fees at any time. All fee changes are effective immediately when posted to the Site with or without prior notice to you the user. When You subscribes to the service, You have the opportunity to review and accept the fees that will be charged for the use of Next Day Pets.

4. REPRESENTATIONS AND SITE USE
You, or the individuals who electronically agree to this Agreement on your behalf represent and warrant that they have the right, power, legal capacity and appropriate authority to enter into this Agreement. You represent and warrant that You are 18 years of age or older, or that You have an agent authorized by law to represent You who is 18 years of age or older who is entering into this Agreement on Your behalf. You agree to provide true, accurate, current and complete information about yourself as requested in the "Membership Data" request form and will update information on an as needed basis. If you provide any information that is untrue, inaccurate, not current or incomplete or Next Day Pets has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, your membership may be suspend or terminated.

Next Day Pets expressly reserves the right to deny transactions with any person if in its sole discretion it determines that such transaction would conflict with any applicable laws, government rules or requirements, requests of law enforcement, dispute resolution process, or to avoid any liability, civil or criminal, on the part of Next Day Pets, as well as its affiliates, subsidiaries, officers, directors and employees.

You affirm that you will not use Next Day Pets' Site for any purpose that is unlawful or prohibited by this Agreement.

5. ACCOUNT, PASSWORD AND SECURITY
You will be assigned an account after completing the membership process. You are responsible for maintaining the confidentiality of your account and password, and are responsible for all account activity. You agree to (a) immediately notify Next Day Pets of any unauthorized use of your account or any other unauthorized use of your account, and (b) ensure that you exit from your account at the end of each session. Next Day Pets is not liable for any loss or damage arising from any unauthorized use of your account.

6. CONDUCT
You agree that Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. You are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site. Next Day Pets does not control the Content posted via the Site and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Site, you may be exposed to Content that is offensive, indecent or objectionable. Next Day Pets is not liable in any way for the Content, including, but not limited to, any errors or omissions in Content, or any loss or damage incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You warrant that each action You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's trademark or trade name.

7. PROHIBITED MEMBER ACTIVITIES
You agree not to:
a. Post, upload, email or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
b. Post, upload, email, hyperlink or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, or hateful, ethnically or otherwise objectionable to animals;
c. harm minors in any way;
d. impersonate any person or entity, including, but not limited to, a Next Day Pets official, forum moderator, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site;
f. post, upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by Next Day Pets;
g. post, upload, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
h. post, upload, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
i. post, upload, email, transmit or otherwise make available any material that contains viruses, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
k. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
l. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
m. "stalk" or otherwise harass another user;
n. collect or store personal data about other users;
o. advertise pet products or anything other than a dog in the Dog Rescue/For Sale/Wanted sections.

Next Day Pets does not screen Content, but has the right (but not the obligation) in its sole discretion to amend any Content that is located on the Site. Without limiting the foregoing, Next Day Pets shall have the right to remove Content that violates this Agreement or is otherwise objectionable. You agree that You bear the risks associated with the use of any Content, including reliance on the accuracy, its completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Next Day Pets or submitted to Next Day Pets, including without limitation information on Next Day Pets.

You agree that Next Day Pets may preserve Content and may disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with any legal process; (b) enforce this Agreement; (c) respond to claims that Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Next Day Pets, its users or the public. Without limiting any other remedies, Next Day Pets may suspend or terminate your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with Next Day Pets' Site. You agree that the technical processing and transmission of the Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to the Content to conform and adapt to technical requirements of the networks or devices.

8. ACCESS RESTRICTION
Next Day Pets may, in its sole discretion, deny any user access to the Site or any portion of the Site without notice.

9. NEXT DAY PETS' LIABILITY AND DISCLOSURES

9.1 Overview. The Site acts as an electronic venue for communication between potential buyers and sellers of puppies and dogs. Next Day Pets is not a party to the transaction between buyers and sellers and does not guaranty any portion of the transaction. Next Day Pets does not control the listing by Advertisers including, but not limited to, the truth or accuracy of the listing, the capability of Advertisers to comply with the terms of the transaction, the ability of buyers to complete the transaction, or feedback posted on the Site regarding the buyer or seller. Listings, feedback or any other material posted on the Site do not imply an endorsement by Next Day Pets.

9.2 Release. In the event a dispute arises between Users of the Site, You release Next Day Pets, its officers, directors, agents, subsidiaries and employees, from any and all 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 dispute. If you are a California resident, you waive California Civil Code §1542, which says: "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 Next Day Pets' Site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and Next Day Pets. You agree that no joint venture, partnership, employment or agency relationship exists between you and Next Day Pets as a result of this Agreement or use of its Site. Topics posted on the Site's "Pet Lovers Forum" do not imply endorsement by the Site; they are the views of the original poster. The Site will remove feedback and comments if it violates the terms stated in Section 9.3. All individuals or business that post any statement or advertisement on the Site are legally responsible for their comments and any damages related thereto. Under federal law (the Communications Decency Act), because the Site does not censor feedback or investigate it for accuracy, the Site is not legally responsible for the remarks that members post, even if those remarks are defamatory. This law does not protect the person who leaves the feedback from responsibility for it.

9.3 Pet Lover Forum Feedback Policies. Feedback and/or a Forum Post ("Feedback") may be removed as stated below if:

• The Site is ordered by a court of law to Remove the Feedback from the Site.
• The Feedback contains profane, vulgar, obscene, or racist language or adult material as determined by Next Day Pets.
• The Feedback contains personal identifying information, including, but not limited to, real name, address, phone number, or e-mail address.
• The Feedback contains scripts.
• Negative Feedback regarding a user if the poster of the comment personally requests Next Day Pets to remove the post.
• Feedback left by an ineligible participant to the Site.
• Feedback left by an individual who did not provide accurate contact information to Next Day Pets.
• Feedback posted by users who are suspended.

10. INDEMNITY
You agree to defend, indemnify and hold harmless Next Day Pets, its parents, subsidiaries, successors, assigns, attorneys, contractors, agents, employees, officers, directors, shareholders, and affiliates from any loss, liability, damages or expense, including reasonable attorneys' fees, resulting from any third party claim, action, proceeding or demand related to your use (including Your agents affiliates, or anyone acting on your behalf) of the Site and/or any dog or puppy that you may purchase through the Site. You agree to indemnify and hold Next Day Pets harmless from any loss, liability, damages or expense, including reasonable attorneys' fees, arising out of any breach of any representation or warranty provided herein, any negligence or willful misconduct by You, or any allegation that You have infringed a third person's copyright, trademark or proprietary or intellectual property right, or misappropriates a third person's trade secrets. This indemnification is in addition to any indemnification required of You elsewhere. Should Next Day Pets be notified of a pending law suit, or receive notice of the filing of a law suit, Next Day Pets may seek a written confirmation from You concerning Your obligation to indemnify Next Day Pets. Your failure to provide such a confirmation may be considered a breach of this Agreement.

You agree that Next Day Pets shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Next Day Pets of any such claim promptly in writing and to allow Next Day Pets to control the proceedings.

You agree to cooperate fully with Next Day Pets during such proceedings. You agree You will not be entitled to a refund of any fees paid to Next Day Pets if, for any reason, Next Day Pets takes corrective action with respect to Your improper or illegal use of its Site.

Comments posted on the Site's forum do not imply endorsement by the Site, they are the sole expressed views of the original poster. You agree to indemnify and hold the Company, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any and all claims, losses, damages, liabilities, costs and expenses (including reasonable attorney's fees) which arise out of negative comments posted on the forum.

11. PERSONAL AND NON-COMMERCIAL USE
You agree not to resell Your account with the Company. You agree not to reproduce, modify, distribute, publish, transmit, license, display, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Next Day Pets may establish general practices and limits on the use of Site, including, but not limited to, the number of days an email message or other uploaded Content will be retained, the number of email messages that may be sent or received, the size of an email message sent or received, the disk space that will be allotted on the Company's servers, and the number of times (and the duration for which) you may access the Site in a given period of time. You agree that Next Day Pets has no responsibility or liability for the deletion or failure to store any messages and communications or Content maintained or transmitted by the Site. You acknowledge that Next Day Pets reserves the right to suspend or terminate accounts that are inactive for an extended period of time. You further acknowledge that Next Day Pets reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. USE OF INFORMATION
The Member's information ("Your Information") is information provided during the registration, the listing process or PuppyMatch process, email or gathered in monitoring your usage of Next Day Pets' Site. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information. It is Next Day Pets' policy to take reasonable measures to respect the privacy of Next Day Pets users. Next Day Pets will take reasonable measures to not disclose the contents of your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on Next Day Pets' website; (ii) protect and defend the rights or property of Next Day Pets, enforce or further the application or intent of the terms of this Agreement; or (iii) act to protect the personal safety of Next Day Pets participants or the public.

From time to time, Next Day Pets may make our database of Your Information available to other parties for promotions or solicitations of their goods or services that may be of interest to Next Day Pets users.  Accepting this Agreement, you expressly consent to such disclosure. Please note that Next Day Pets maintains the right to send you periodic updates as Next Day Pets deems necessary. If you provide any information to other parties, or any other sites you encounter on Next Day Pets or the Internet, different rules may apply to their use or disclosure of the personal information you disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about you and/or your listings in order to provide better service to you and other users, among other reasons.

Your Information: (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not threaten Next Day Pets' use of its ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: are prohibited under this Agreement or cause Next Day Pets to violate any applicable law, statute, ordinance or regulation.

The privacy policy is a part of the terms of use TOU agreement. Please read the privacy policy.

14. USE OF MESSAGES
Posting a message or engaging in other communication on the Site, grants Next Day Pets a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use, download, copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform, adapt or otherwise exploit such communication in all media now known or hereafter devised. You waive all rights to any claim against the Next Day Pets for any alleged or actual infringement of any proprietary, privacy, publicity, moral or attribution rights in connection with such communication.

15. TERMINATION OR BREACH
You agree that Next Day Pets, in its sole discretion, may terminate your account (or any part thereof) or Your use of the Site, and remove and discard any Content on the Site, for any reason, including, but not limited to, lack of use or if Next Day Pets determines You violated or acted inconsistently with this Agreement. If Next Day Pets determines You breached this Agreement it reserves the right to suspend, and/or terminate your listing and/or account without issuing a refund or notice. Next Day Pets may in its sole discretion and at any time discontinue providing the Site, or any part thereof, with or without notice. You agree that any termination of your access to the Site under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that Next Day Pets may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. Further, you agree that Next Day Pets shall not be liable to you or any third-party for any termination of your access to the Site.

16. LINKS
The Site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Next Day Pets has no control over such sites and resources, you acknowledge and agree that Next Day Pets is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further agree that Next Day Pets shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. ANTI-SPAM POLICY
Spam is email that is sent against the wishes of the recipient. There are two kinds. The first kind of spam concerns individuals who email people that they don't know personally. The second type of spam is sent by organizations to individuals who have not expressed a desire to receive such communications. Next Day Pets regards both kinds of spam as inappropriate.

Next Day Pets has zero tolerance for spam. Spam complaints will be dealt with seriously and can result in losing Next Day Pets privileges such as loss of referral credits and even loss of a customer's account. Users are forbidden to send spam on Next Day Pets' behalf.

If you receive spam and want to report it to Next Day Pets, please forward the email you've received to spam-police@nextdaypets.com.

For questions about our spam policy or any spam-related issues, please email us at spam-police@nextdaypets.com.

18. Next Day Pets, L.L.C. PROPRIETARY RIGHTS
You acknowledge and agree that the Site and all software used in connection with the Site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Next Day Pets or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site or the Software, in whole or in part.

Next Day Pets grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Site. You agree not to access the Site by any means other than through the interface that is provided by the Next Day Pets for use in accessing the Site.

19. DISCLAIMER OF WARRANTIES
a. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. NEXT DAY PETS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. NEXT DAY PETS MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NEXT DAY PETS OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.

20. ASSIGNMENT
Next Day Pets has the right to transfer or assign this Agreement and the rights hereunder to any other person or entity without your consent. You cannot assign or transfer this Agreement or any rights hereunder to any other person or entity. Subject to the foregoing, this Agreement will be binding upon and will inure to the benefit of the successors and assigns of the parties hereto.

21. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEXT DAY PETS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE NEXT DAY PETS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE.

22. NOTICE
Notices to you may be made via either email or regular mail. The Site may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Site.

23. COPYRIGHT AND TRADEMARK NOTICES
All contents of the Site are Copyright © Next Day Pets, L.L.C., and/or its suppliers. All rights reserved. Next Day Pets, L.L.C., the Next Day Pets, L.L.C. logo, trademarks and service marks, and other Next Day Pets, L.L.C. logos and product and service names are trademarks of Next Day Pets, L.L.C. (the "Next Day Pets, L.L.C. Marks"). Without Next Day Pets, L.L.C. prior permission, you agree not to display or use in any manner, the Next Day Pets, L.L.C. Marks.

24. GENERAL INFORMATION
This Agreement constitutes the entire agreement between You and Next Day Pets and governs your use of the Site, superseding any prior agreements between You and Next Day Pets. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of Next Day Pets to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of act arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of act arose or be forever barred.

This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Web site. It supersedes all prior oral or written understandings and agreements relating to use of this Site. Next Day Pets' waiver of any provision of this Agreement shall not be deemed to waive it for the future.

The section titles in this Agreement are for convenience only and have no legal or contractual effect.

Next Day Pets reserves the right to make changes to this policy as deemed necessary and without notice. Always refer to this page for the latest terms of service and Next Day Pets' policies.

25. VIOLATIONS
Please report any violations of this Agreement to our Customer Service.

26. FEELSAFE RULES AND DISCLOSURES
(a) Next Day Pets may add, delete, or modify some or all of FeelSafe at any time. Next Day Pets does not control the actual transaction between Buyer and Seller. Accordingly, it does not set or endorse: (i) the price, contract terms, quality, conformance or legality of the sale or advertisement. It cannot and does not control whether any Seller will complete the sale they offer. It is not responsible for any transaction and/or contact, or the result of any such transaction and/or contact made by and between Sellers and Buyers.

You expressly acknowledge that Next Day Pets is not acting in a fiduciary capacity for either Buyer or Seller.

Next Day Pets provides the service of FeelSafe to Buyers and Seller. No Buyer or Seller shall be considered an employee, agent, partner or joint venturer of Next Day Pets and Next Day Pets shall not be considered the employer, agent, partner or joint venturer of any Buyer or Seller.

You agree and understand that Next Day Pets is simply acting to process invoices to Sellers and Buyers respectively. Next Day Pets is not responsible for the timeliness or accuracy of the invoices.
You agree and understand that if Seller accepts credit cards and You use Next Day Pets’ credit card transmittal system that the credit card information including, but not limited to, name, address, credit card number, and expiration date.  You agree that Next Day Pets shall take reasonable measures to protect this information and cannot be held liable for stolen information.   

All limitations and waivers that are applicable for this Agreement apply to this section as well.

The Seller agrees as follows:

• Seller agrees to comply with filing requirements and will process all payments in accordance with the Site.

28. BUYER NOTICES
Buyer understands that a transaction is not completed or a formal contract until a deposit has been paid. Until a deposit has been paid, Buyer aggress that Seller may sell the dog or puppy to any other interested Buyer.

Buyer understands the even though it has contacted Seller of an interest to purchase a dog or puppy, that Seller is not required to respond to said offer and that said offer does not constitute a contract.