Last Updated: September 10, 2025
These updated Terms of Service take effect September 15, 2025. Until that date, the previous version remains in effect. For questions about current terms before September 15, 2025, contact legal@gooddog.com.
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:
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.
Company Information
When these Terms mention "Good Dog," "we," "us," or "our," it refers to Good Dog, Inc., a Delaware corporation with an office in New York, NY, United States.
Our collection and use of personal information in connection with your access to, and use of, the Good Dog Platform is described in our Privacy Policy.
Legal Compliance Notice
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.
Terms Updates
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.
1.1 The Good Dog Platform is an online platform that enables registered users ("Members") to: (i) 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"), (ii) publish a listing of such Breeder Services on the Good Dog Platform ("Listings"), and (iii) communicate and transact directly with Members who are seeking such Breeder Services (Members seeking Breeder Services are referred to herein as "Buyers").
1.2 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 another participant in, any contractual relationship between Members, nor is Good Dog a dog breeder. Except as otherwise expressly noted herein, Good Dog is not acting as an agent in any capacity for any Member. To learn more about Good Dog’s role, see Sections 5 and 13 herein.
1.3 Any references to a Member being "screened" (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, Owner Stories 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.
1.4 NEITHER GOOD DOG NOR ITS AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY MEMBER OF THE SERVICES, EXCEPT AS SPECIFICALLY PROVIDED IN SECTIONS 6 AND 7 HEREIN. 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 THAT IS NOT THE FAULT OF GOOD DOG EXCEPT FOR GOOD DOG’S OBLIGATIONS AS OUTLINED IN SECTIONS 6 AND 7 HEREIN.
1.5 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.
1.6 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 reliability, completeness, 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. Members, and not Good Dog, will be responsible for any and all costs and charges associated with such Member’s use of any Third-Party Services. Good Dog will 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 Third-Party Services.
1.7 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.
2.1 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.
2.2 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).
2.3 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.
2.4 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. Breeders may be required to provide tax identification information to comply with Good Dog's marketplace facilitator obligations. If you provide any information that is untrue, inaccurate, or not current, or incomplete, or Good Dog suspects 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.
2.5 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.
2.6 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.
2.7 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.
2.8 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 the Good Dog Platform.
2.9 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.
2.10 While Good Dog screens Breeders through review of their self-reported practices and documentation, we cannot and do not verify or guarantee day-to-day operations or ongoing compliance with our standards. Good Dog does not independently verify Breeder practices, facilities, or daily operations. We are not responsible or liable for any Breeder's failure to comply with our standards, policies or their reported practices, or for any information included in Breeder’s Listings. Members acknowledge that Good Dog's screening is limited to review of self-reported information and documentation.
2.11 The Good Dog Platform may from time to time contain information relating to nutrition and various medical, health and fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet's health or fitness problem or disease. You should always consult your own veterinarian and/or veterinary advisors.
3.1 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 use and access 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 the Good Dog Platform is subject to these Terms.
3.2 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, except that such App Store Sourced Application may be accessed and used by other accounts associated with the Member via Apple’s Family Sharing or volume purchasing programs. To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates, and other fees may apply. In addition, downloading, installing, or using certain mobile services may be prohibited or restricted by your carrier, and not all mobile services may work with all carriers or devices.
3.3 You acknowledge and agree that the availability of the Application is dependent on the third party from whom you received the Application license, e.g., the Apple App Store or Google Play (each, an "App Store"). You acknowledge that the Agreement is between you and Good Dog and not with the App Store. Good Dog, not the App Store, is solely responsible for Good Dog Platform, including the Application, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the Application, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Good Dog Platform, including the Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using the Good Dog Platform, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.
3.4 Accessing and Downloading the Application.
Google-Sourced Software. The following applies to any mobile application you download from the Google Play Store (“Google-Sourced Software”): (a) you acknowledge that the Agreement is between you and Good Dog only, and not with Google, Inc. (“Google”); (b) your use of Google-Sourced Software must comply with Google’s then-current Google Play Terms of Service; (c) Google is only a provider of Google Play where you obtained the Google-Sourced Software; (d) Good Dog, and not Google, is solely responsible for Good Dog’s Google-Sourced Software; (e) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (f) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to Good Dog’s Google-Sourced Software.
The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:
3.4.1 You acknowledge and agree that (i) the Agreement is concluded between you and Good Dog only, and not Apple, and (ii) Good Dog, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
3.4.2 You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
3.4.3 In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Good Dog and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Good Dog.
If you have any questions, complaints, or claims with respect to the App Store Sourced Application, they should be directed to Good Dog as follows:
• 800 North State Street, Suite 304, Kent County, Dover, DE 19901
3.4.4 You and Good Dog acknowledge that, as between Good Dog and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
3.4.5 You and Good Dog acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Good Dog and Apple, Good Dog, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by the Agreement.
3.4.6 You and Good Dog acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
3.4.7 Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.
3.5 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.
3.6 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.
3.7 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.
3.8 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 Owner Stories thresholds, or transaction and cancellation history.
3.9 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.
3.10 In connection with your use of the Good Dog Platform, you will not and will not assist or enable others to:
3.10.1 request, make, or accept any payment outside of the Good Dog platform to avoid paying fees, taxes, or for any other reason;
3.10.2 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;
3.10.3 frame or utilize framing techniques to enclose any trademark, logo, or other property (including images, text, page layout or form) of Good Dog;
3.10.4 use any metatags or other "hidden text" using Good Dog's name or trademarks;
3.10.5 access the Good Dog Platform in order to build a similar or competitive website, application or service;
3.10.6 breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms, policies, and standards;
3.10.7 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;
3.10.8 copy, store or otherwise access or use any information, including personally identifiable information about any other Member, contained on the Good Dog Platform in any way that is inconsistent with Good Dog's Privacy Policy or these Terms or that otherwise violates the privacy rights of Members or third parties;
3.10.9 use the Good Dog Platform in connection with the distribution of unsolicited commercial messages ("spam");
3.10.10 offer, as a Breeder, any Breeder Services that you do not yourself own or have permission to make available;
3.10.11 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;
3.10.12 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;
3.10.13 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;
3.10.14 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;
3.10.15 attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Good Dog Platform;
3.10.16 take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the Good Dog Platform;
3.10.17 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;
3.10.18 violate or infringe anyone else's rights or otherwise cause harm to anyone;
3.10.19 scrape, harvest, mine, extract, or collect any data, content, or information from the Good Dog Platform using automated means (including but not limited to robots, spiders, crawlers, scrapers, or other automated tools) or manual methods for any commercial purpose, including to create competing services, databases, or platforms;
3.10.20 contact, solicit, or attempt to recruit any Breeders discovered through the Good Dog Platform for the purpose of offering competing services, platforms, or business opportunities;
3.10.21 use, copy, reproduce, or distribute any photos, Breeder profiles, litter information, pricing data, or other proprietary content from the Good Dog Platform for any commercial purpose without express written permission from Good Dog;
3.10.22 create, maintain, or contribute to any database, directory, or collection of Good Dog data, including breeder contact information, pricing, or listing details;
3.10.23 monitor the availability or pricing of any listings for competitive intelligence or to replicate Good Dog's services; or
3.10.24 use any information obtained from the Good Dog Platform to contact Members outside of the platform for commercial purposes unrelated to the specific transaction initiated on Good Dog.
3.11 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.
3.12 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.
3.13 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.
3.14 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.
3.15 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 may have 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.
4.1 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.
4.2 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.
4.3 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.
4.4 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, transferable, 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) to promote Good Dog, the Services, and the Good Dog Platform in media or on other platforms during the term of these Terms.
4.5 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. While Good Dog does not determine the validity of trademark or other non-copyright intellectual property claims, Good Dog may, in its sole discretion and without any obligation to do so, temporarily remove or disable access to disputed content while the parties work to resolve their dispute, particularly in cases involving clear misuse of another's registered trademarks or trade names. Any such action by Good Dog does not constitute a determination of the validity of any intellectual property claim.
4.6 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.
4.7 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 22 below.
5.1 Payment Services. Good Dog provides payments services to Members via payments through Good Dog, including payment collection services, payments and payouts, in connection with the Services or the Good Dog Platform ("Payment Services"). By using the Good Dog Platform, you agree to use the Payment Services for any and all deposit and dog payments due ("Amounts Due") in connection with the Services. In order to use the Payment Services, you must have an Account in good standing. If Good Dog suspends or closes your Account for any reason, you will no longer be able to use the Payment Services. Good Dog DOES NOT PROCESS PAYMENT FOR ANY SUCH MEMBER PAYMENTS and uses a third party payment processor (the "Payment Processor") to process payment services (e.g., card acceptance, merchant settlement, and related services). By sending or receiving money on the Good Dog Platform, you agree to be bound by the conditions and privacy policies of the Payment Processor, in addition to these Terms. Our current Payment Processor is Stripe, and your payments are processed by Stripe in accordance with Stripe's terms of service found at https://stripe.com/us/terms and privacy policy found at https://stripe.com/us/privacy. Buyers hereby consent and authorize Good Dog and Stripe to share any information and payment instructions you provide with Breeders to the minimum extent required to complete your transaction. Payment processing is subject to Payment Card Industry Data Security Standards (PCI DSS). Good Dog does not store complete payment card information, which is processed and stored by our PCI-compliant payment processor. International transactions may be subject to additional fees and currency conversion rates determined by your financial institution. If our payment processor relationship changes, we will provide thirty (30) days’ notice and ensure continued PCI compliance with any replacement processor. Good Dog maintains PCI DSS compliance through our payment processor for all card transactions. We do not store complete credit card information on our systems. You acknowledge that payment processing involves third parties and may be subject to their separate terms and privacy policies. For questions about payment security, contact help@gooddog.com. Except as otherwise provided on the Good Dog Platform, all processing fees paid to the Payment Processor are non-refundable. Certain Breeders may choose to enable payments using Klarna on the Good Dog Platform. For those transactions, Klarna will provide Members with specific payment terms. For further information or questions regarding Klarna payments please visit Klarna's website or contact Klarna's customer service. Members of the Services contract directly with other Members. Good Dog is not and will not be a party to any contracts between Members. Good Dog facilitates these contracts by supplying a medium for the exchange of money. Good Dog reserves 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. Where required by law, Good Dog acts as a marketplace facilitator and will collect applicable sales tax on behalf of Breeders, which will be included in the Total Fees charged to Buyers.
5.2 Buyers. Buyers (i) agree to provide all required information and authorization in order to complete a transaction with Breeder; (ii) authorize Good Dog and Breeder to share any of your information with the Payment Processor or any other third party as necessary to process your transaction; (iii) authorizes Breeder to share with Good Dog any of Buyer's information required to process Buyer's payment pursuant to these Terms; (iv) consent and authorize Good Dog and Payment Processor to share any information and payment instructions you provide with Breeders and other third-party providers, as necessary, to the minimum extent required to complete your transaction; (v) agree to provide Good Dog and Payment Processor with payment method and relevant information to complete a transaction with Breeder; (vi) agree to immediately notify Good Dog of any change in your billing address or the payment method used for payment hereunder; and (vii) authorize the use of payment information to process a Deposit (as defined below), if applicable. Buyers further (i) understand and agree that the amount of the Final Payment may differ from the amount displayed at the time you agree to the scheduled Final Payment; (ii) agree to pay all charges at the prices then in effect for any purchase in accordance with the applicable payment terms; (iii) represent and warrant that you have the legal right and authority to utilize your payment methods and authorize Good Dog to credit or debit such payment methods on behalf of the Breeder in accordance with your agreement with the Breeder and pursuant to these Terms; and (iv) hereby authorize Good Dog, on behalf of Breeder, to store your payment method instrument details or credentials to complete a transaction. If there is an error in the processing of your transactions, Buyers authorize Good Dog, on behalf of Breeder, to debit or credit your payment method to resolve such error. If Good Dog is unable to debit the payment method you select for any reason, you authorize Good Dog to resubmit the debit to any other payment method that you have on file with Good Dog. In certain circumstances, Good Dog may be able to cancel a payment prior to sending it to the Breeder; however, you shall be responsible for the costs associated with placing a stop payment. Subject to the agreed upon refund policy, if a payment initiated by you is rescinded or cancelled by you, charged back, returned, rejected, reversed, or otherwise not completed for any reason (including due to insufficient funds), at no fault of Good Dog, your liability to the Breeder may be outstanding and you may be subject to penalties, additional fees and charges (including interest charges and late fees), and other negative action pursuant to your agreement with the Breeder, your bank or payment provider, and these Terms. You are solely responsible for all such penalties, fees, and charges.
5.3 Breeders. Each Breeder appoints Good Dog as its agent for the limited purpose of receiving, holding, and settling payments to Breeder. Good Dog will settle payments that are actually received by Good Dog to each Breeder, less any amounts owed to Good Dog and subject to these Terms. Each Breeder agrees that a payment from a Buyer received by Good Dog, on behalf of Breeder, satisfies the Buyer's obligations to make payment to the Breeder, regardless of whether Good Dog actually settles such payment to the Breeder. If Good Dog does not settle any such payments as described in these Terms to a Breeder, such Breeder will have recourse only against Good Dog and not the Buyer.
5.4 Chargebacks. Good Dog reserves the right to dispute any and all Chargebacks (as defined below) on our behalf or on behalf of a Breeder. If a Buyer contacts their bank or credit card company to fraudulently 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're a Buyer and have questions about a payment made using the Payment Services, we encourage you to contact help@gooddog.com before filing a Chargeback so we, on behalf of the Breeder, can help you resolve any situations that may arise.
5.5 Good Dog may apply placement deductions ("Placement Deductions") in the amount of 6.5% ("Deduction Amount") from a Breeder's payout for all deposit and dog payments due in connection with the Services. The Deduction Amount shall be calculated on each of the total deposit amount (if applicable) and the total dog payment amount, and shall be automatically deducted from the Breeder's payout when a Buyer completes a deposit or dog payment. Notwithstanding the foregoing, Placement Deductions shall not be applied to: (i) any other types of payments that are not deposit or dog payments made using the Payment Services and (ii) payments made to a Breeder by a Buyer who was referred to Good Dog by that Breeder through the Breeder's unique referral link ("Breeder Referrals"), where Good Dog did not facilitate the initial connection between the Buyer and Breeder.
5.5.1 Breeders must accurately categorize all payments according to their actual purpose when processing transactions through the Good Dog Platform. Categorizing deposit payments or final dog payments as 'other' or any alternative category to avoid Placement Deductions is prohibited. Good Dog reserves the right to reclassify improperly categorized payments and retroactively apply the appropriate Placement Deductions.
5.6 Good Dog may charge fees ("Protection & Support fees") to Buyers who choose to make a payment with Protection & Support (as defined below) in consideration for the optional payment protection and dedicated support from Good Dog provided under Good Dog Payment Protection (as defined below and subject to these Terms). Any applicable Protection & Support fee will be displayed to Buyers prior to the completion of a transaction. Good Dog reserves the right to change the Protection & Support fee at any time. Buyers are responsible for paying any Protection & Support fees that they owe to Good Dog. The applicable Protection & Support fees are due and payable and collected by Good Dog.
5.6.1 Good Dog protects payments made by Buyers using the Payment Services with Protection & Support as set forth in the terms of Section 6 below. All Protection & Support fees are non-refundable.
5.6.2 Good Dog protects payments to Breeders using the Payment Services as set forth in the terms of Section 7 below.
5.7 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, unless otherwise expressly stated in this Section. If you permit or authorize another person to use your Account in any way, you are responsible for the actions taken by that person.
6.1 Good Dog Payment Protection provides claim review and potential reimbursement for specific issues that may arise with deposit and final puppy payments made using the Payment Services when Protection & Support is included. Payment Protection applies only to deposit and final puppy payments made through the Payment Services with Protection & Support included. When you file a qualifying claim, Good Dog will: (i) investigate the circumstances; (ii) work with both parties to facilitate resolution; (iii) determine whether the issue meets our coverage criteria; and (iv) if coverage is confirmed, ensure you receive appropriate reimbursement up to the deposit and/or final payment amount paid through the Payment Services with Protection & Support, either by working with the Breeder to process a refund or by providing reimbursement directly from Good Dog. Reimbursement amounts may be partial depending on circumstances and are left to Good Dog's sole discretion. Payment Protection is not insurance and does not guarantee reimbursement for all issues.
6.1.1 When Buyer makes a deposit payment to a Breeder using the Payment Services and includes Protection & Support, Payment Protection may provide support in situations where: (i) the applicable Breeder accepts Buyer’s deposit, but doesn't provide a puppy according to their stated terms and/or has stopped responding for at least 14 calendar days; (ii) Breeder’s deposit policy says a deposit is refundable under certain conditions and that refund policy is not honored; or (iii) Breeder decides they no longer want to place a puppy with Buyer or otherwise cancels the sale. Payment Protection may provide support up to the deposit amount paid through the Payment Services with Protection & Support.
6.1.2 When Buyer completes a final payment for a puppy to a Breeder using the Payment Services and includes Protection & Support, Payment Protection may provide support in situations where: (i) the applicable puppy is not placed with Buyer and/or Breeder has stopped responding for at least 14 calendar days; (ii) the applicable puppy delivered to Buyer is not the breed advertised on Good Dog; (iii) Breeder has failed to provide core vaccinations (DAPP and rabies if puppy is of age) or pre-placement veterinary wellness examination; or (iv) Breeder does not honor their written policies. Payment Protection may provide support up to the final payment amount paid through the Payment Services with Protection & Support.
The circumstances described in Sections 6.1.1 and 6.1.2 are the only situations eligible for Payment Protection. Good Dog is unable to assist with any other circumstances, issues, or claims.
6.2 To be eligible for Payment Protection, Buyer must: (i) be the Good Dog account holder who made the applicable deposit payment and/or final puppy payment using the Payment Services; (ii) have made their applicable deposit payment and/or final puppy payment using the Payment Services with Protection & Support included; (iii) have not violated these Terms of Service; (iv) have not filed or initiated a claim through their method of payment to the Breeder; (v) have an Account in good standing with no outstanding balances owed to Good Dog or any other Breeders; (vi) not have directly or indirectly caused the issue for which Buyer is seeking help under Good Dog Payment Protection (through Buyer’s or a third party's action, misconduct, omission, or negligence); (vii) not have breached the terms of their agreement with Breeder; (viii) file a claim form that can be obtained by emailing help@gooddog.com within 14 calendar days of discovering the issue and provide required documentation; and (ix) first attempt to resolve the issue directly with Breeder. Payment Protection does not apply to any funds exchanged outside of the Payment Services. If Buyer does not complete payment using the Payment Services with Protection & Support, the transaction is not covered under Good Dog Payment Protection and would need to be handled directly between Buyer and the breeder.
6.3 Payment Protection does not cover: (i) any payments made outside the Payment Services (including cash, checks, direct transfers, or other payment methods); (ii) any payments made through the Payment Services that do not include Protection & Support; (iii) expenses exceeding the payment amount paid using the Payment Services; (iv) medical care, except for the specific cost of obtaining core vaccinations or a wellness veterinary exam should there have been a breach of baseline care standards; (v) routine puppy care, vaccinations, or preventive treatments after placement of the puppy with Buyer; (vi) accidents, injuries, or illnesses after the puppy leaves the Breeder and is in Buyer’s care, except where Buyer’s written agreement with the Breeder specifically covers such issues and the Breeder fails to honor that contract; (vii) elective procedures, cosmetic surgeries, or breeding-related services; (viii) non-delivery claims when the Breeder is actively coordinating with Buyer; (ix) Buyer changes of mind, returns or cancellations; (x) issues caused by events beyond anyone's reasonable control, including acts of God, natural disasters, pandemics, government actions, or other Force Majeure Events (as defined below); or (xi) claims where there is evidence of fraud, misrepresentation, or collusion between Buyer and Breeder.
6.4 Important Disclaimers and Limitations
6.4.1 It is Buyer’s responsibility to request, review, and understand any agreements or policies with a Breeder before making payments. Terms, policies, and written agreements presented to Buyer by Breeder represent the agreed terms between Buyer and Breeder. If Buyer encounters an issue, Buyer must reach out to Breeder first to attempt to solve such issue. Payment Protection only applies to written agreements Buyer made with Breeder that Good Dog can review.
6.4.2 Payment Protection is based on Buyer’s individual agreement with Breeder. If that agreement specifies its own resolution, that resolution takes precedence. If Breeder cannot provide that specified resolution, Payment Protection reimbursement applies.
6.4.3 Non-delivery claims only apply when Breeder has stopped responding for at least 14 calendar days and are not due to reasonable delays (e.g., transportation, weather, health clearances, etc.). Breeders have up to three weeks beyond the agreed placement date to resolve reasonable delays.
6.4.4 Reimbursement amounts may be partial depending on circumstances and are left to Good Dog's sole discretion. Good Dog's maximum responsibility is the lesser of (a) Buyer’s deposit or final payment made using the Payment Services with Protection & Support included, or (b) your documented eligible expenses.
6.4.5 If Buyer chooses to return a puppy for any reason, refund terms follow what Buyer agreed to with Breeder prior to the return.
6.4.6 In no event shall Good Dog's liability under Payment Protection exceed the amount paid using the Payment Services with Protection & Support for the specific transaction.
6.4.7 Educational Services Disclaimer. Any support offered to Buyers in connection with Protection & Support, including Good Dog's Puppy Training Program, is for educational and informational purposes only, and is not a substitute for professional advice, such as, but not limited to, veterinary advice. If you have or suspect that your pet has a medical problem or condition, please contact a qualified veterinary health care professional immediately.
6.5 Filing a Claim
To file a claim under Payment Protection: (i) Buyer must reach out to Breeder first in an attempt to resolve the issue and (ii) Buyer must submit a claim form that can be obtained by emailing help@gooddog.com within 14 days of discovering the issue, including, if applicable, screenshots of breeder communications, relevant vet records or DNA reports, and any other supporting documentation. Good Dog reserves the right to investigate any claim and may request additional documentation, conduct interviews, or take other steps deemed necessary to evaluate the claim. The timing to receive payment for any amount awarded under Good Dog Payment Protection, if any, may be issued within five to ten business days from the time Good Dog makes a decision on reimbursements.
6.6 Exclusions and Limitations
6.6.1 For the avoidance of doubt, Good Dog Payment Protection cannot be purchased and/or applied retroactively.
6.6.2 For the avoidance of doubt, Buyers who do not pay using the Payment Services with Protection & Support shall not be eligible to receive the protection provided under Good Dog Payment Protection.
6.6.3 Good Dog may terminate Payment Protection coverage immediately if Buyer’s account is suspended or terminated for any reason.
6.7 Good Dog's Rights and Role
Good Dog provides Payment Protection as specified in the Help Center and in these Terms of Service, but is not a party to any contracts, agreements, or other arrangements between Buyers and Breeders. Good Dog reserves the right, in its sole and absolute discretion, to eliminate Payment Protection altogether or change, modify or delete any of the terms at any time, effective with or without prior notice and without any liability to Good Dog. Good Dog will endeavor to notify Users of material changes by email, but will not be liable for any failure to do so. Payment Protection is subject to all terms and conditions outlined in the Help Center and in these Terms of Service and may be modified at any time.
6.8 Health Disclaimers
Good Dog does not guarantee or warrant any health outcomes, temperament, or quality of any dog purchased on the Good Dog Platform. Any health guarantees or warranties are provided solely by Breeders, not Good Dog. Good Dog is not responsible for any health conditions, inherited disorders, or medical issues that may arise for any dog purchased on the Good Dog Platform. Buyers acknowledge that any health testing and/or veterinary care reported by Breeders does not guarantee freedom from health conditions. Good Dog is not responsible for any claims made by Breeders about health testing, veterinary care, or health practices, regardless of whether such claims were made on or off the Good Dog platform. Any representations, promises, or claims made by Breeders about health testing, veterinary care, or health practices are solely between the Breeder and Buyer. Good Dog's review of Breeder-reported health testing practices does not constitute verification of such practices or guarantee any outcomes. Any disputes regarding Breeder claims about health testing, veterinary care, or health practices must be resolved directly between the buyer and breeder except as specifically provided in Sections 6.1.1 and 6.1.2 above.
7.1 What is the Breeder Protection Policy?
7.1.1 Good Dog is committed to creating a responsible and trusted community, and has pledged to support, promote, advocate for, and protect Breeders.
7.1.2 The terms of the Breeder Protection Policy are set forth within these Terms. In accordance with these Terms, the Breeder Protection Policy means Good Dog protects payments to Breeders using the Payment Services from things like bounced checks, scams, fraudulent chargebacks or canceled payments by Buyers. Breeders should contact breederteam@gooddog.com or call 385-308-0373 whenever any issue arises.
7.1.3 In using the Payment Services and the Breeder Protection Policy, Breeders agree to (i) act in good faith with Buyers, (ii) provide potential Buyers with transparent information regarding Breeders' practices and policies, including, but not limited to, any deposit and/or waitlist policies, and (iii) keep their Account with Good Dog in good standing, with no outstanding balances owed to Good Dog or any Buyers. Any violations to this Section or these Terms, may necessitate a removal and/or ban from (x) the Payment Services and/or (y) the Good Dog community, such consequences to be determined in Good Dog's sole discretion.
7.2 What is excluded from Good Dog's Breeder Protection Policy?
7.2.1 The Breeder Protection Policy applies only to Breeders who use the Payment Services with Buyers. The Breeder Protection Policy is not intended to and shall not be construed to give any other person or entity any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby. Good Dog reserves the right, in its sole and absolute discretion, to eliminate the Breeder Protection Policy altogether or change, modify or delete any of the terms of the Breeder Protection Policy at any time, effective with or without prior notice and without any liability to Good Dog. Good Dog will endeavor to notify you of material changes by email, but will not be liable for any failure to do so.
7.2.2 For the avoidance of doubt, Breeders who do not use the Payment Services are not eligible to receive the protection provided by the Breeder Protection Policy.
We encourage you to learn more about the Breeder Protection Policy in the Help Center.
8.1 You agree to comply with Good Dog's rules for posting Listings.
8.2 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.
8.3 You are solely responsible for setting the prices (including any taxes if applicable) for each of the dogs in your Listing ("List Price").
8.4 You agree to (i) request and receive any and all Amounts Due on Good Dog using the Payment Services, and (ii) not encourage or direct any Buyers off-platform in violation of our On-Platform Payment Policy.
8.5 Any terms and conditions included in your Listing, must not conflict with these Terms.
8.6 Pictures, animations or videos (collectively, "Images") used in your Listings must accurately reflect the quality, specifics, and condition of your Breeder Services.
8.7 The placement and ranking of Listings in search results on the Good Dog Platform may vary and depend on a variety of factors.
8.8 Your Listing may not be immediately searchable by keyword or category for several hours.
8.9 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.
8.10 If you choose to require a deposit ("Deposit") for a dog, you can specify this in your Listing.
8.11 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 Animal Welfare Act requirements), 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.
8.12 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.
8.13 By joining the Good Dog platform, you agree to: (i) follow Good Dog's Community Standards; (ii) comply with Good Dog's Breeder Code of Ethics; (iii) adhere to all Good Dog policies; (iv) accurately report your breeding practices and promptly update any changes; and (v) acknowledge that failure to comply may result in immediate termination of your account. You understand that while Good Dog reviews your self-reported practices against our standards, you are solely responsible for maintaining compliance with these requirements and accurately representing your practices.
8.14 You acknowledge and agree that you are responsible for: (i) the accuracy of all information provided in your Listings; (ii) any misrepresentations about your practices, policies, or services; (iii) false or misleading claims about health testing, veterinary care, or breeding practices; (iv) refunding buyers in full if you have misrepresented any aspect of your breeding program, practices, or policies; (v) any claims made about your dogs' health, temperament, or quality; (vi) maintaining accurate and current information about your health testing practices; and (vii) accurately representing your compliance with our standards.
8.15 You agree to: (i) promptly update your Listing if any information becomes outdated or inaccurate; (ii) immediately notify Good Dog of any material changes to your breeding practices; (iii) maintain documentation supporting any claims made in your Listings; (iv) provide refunds as required by the Terms, your stated policies, agreements and/or contracts; (v) honor any health guarantees or warranties you provide to Buyers; and (vi) ensure that your stated policies, contracts, and health guarantees comply with Good Dog's requirements and any representations you have made to Good Dog regarding your practices.
8.16 You acknowledge that: (i) Good Dog's review of your reported practices does not constitute verification or endorsement; (ii) you are solely responsible for any claims or representations made to Buyers; (iii) providing false or misleading information may result in immediate suspension or termination of your Account; (iv) you may be required to refund applicable payments if you violate these Terms; (v) and Good Dog may remove Listings that it suspects may contain inaccurate or misleading information.
8.17 You agree to: (i) provide accurate tax identification information when requested by Good Dog, (ii) promptly notify Good Dog of any changes to your tax status or business location, and (iii) remain responsible for all tax obligations not specifically handled by Good Dog as marketplace facilitator.
9.1 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, Protection & Support fee, processing fees to the Payment Processor, Deposit (if applicable), and any applicable sales tax collected by Good Dog as marketplace facilitator, and any other 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.
9.2 You agree to (i) pay the Total Fees for any requested purchase in connection with your Account on Good Dog using the Payment Services, and (ii) not encourage or direct any Breeders off-platform in violation of our On-Platform Payment Policy.
9.3 Good Dog does not transfer legal ownership of dogs or Breeder Services from Breeders to Buyers.
9.4 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.
9.5 If you purchase a dog on behalf of any other persons for personal, non-commercial purposes, 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. You may not purchase dogs for commercial resale, brokerage, or any other commercial purpose. 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.
9.6 You acknowledge and agree that: (i) Good Dog is not responsible or liable for any Breeder's non-compliance with Good Dog standards, policies or their reported practices; (ii) you are responsible for conducting your own due diligence regarding any Breeder, including but not limited to requesting verification of health testing and reviewing contracts; (iii) Good Dog makes no guarantees about Breeder practices, the information included in Breeder Listings, puppy health, or outcomes; (iv) Good Dog's review of Breeder practices does not constitute an endorsement or verification of Breeder’s day-to-day operations; (v) you remain responsible for evaluating and selecting an appropriate breeder regardless of Good Dog's screening process; (vi) you acknowledge that any payment protection associated with Good Dog Payment Protection follows the terms of your contract and/or agreement(s) with your Breeder and any disputes will be resolved in accordance with the Breeder's policies and contractual terms; and (vii) you acknowledge that any health guarantees or warranties are provided by the Breeder, not Good Dog and that Good Dog does not guarantee the health, temperament, or quality of any dog purchased through the Good Dog Platform.
10.1 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, Protection & Support fee, processing fees to the Payment Processor, and/or taxes associated with such Modifications, if applicable.
10.2 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 these Terms or a Breeder's applicable cancellation policy will be remitted or refunded accordingly, pursuant to the individual Breeder's cancellation policy and these Terms.
10.3 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 in order to avoid fraud and/or harm to Good Dog, other Members, third parties, or property or (ii) for any of the reasons set out in these Terms.
11.1 Within a certain time frame after completing a Final Payment, Buyers can submit a verified owner story ("Owner Story") about their applicable Breeder. Any Owner Stories reflect the opinion of individual Members and do not reflect the opinion of Good Dog. Owner Stories 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 Owner Stories.
11.2 Owner Stories by Buyers must be fair, truthful, and factual and may not contain any offensive or defamatory language. Owner Stories must comply with Good Dog's policies. Good Dog reserves the right to remove any Owner Stories for any reason at any time.
11.3 Members are prohibited from manipulating the Owner Stories system in any manner, such as instructing a third party to submit a positive or negative Owner Story about another Member.
11.4 In some circumstances, the information shared in Owner Stories may be shared directly with the Good Dog team and may not be displayed on Breeders' profile pages on the Good Dog Platform. This may be determined at Good Dog's discretion or at the discretion of the applicable Breeder. Good Dog reserves the right to use Owner Story information for quality assurance, customer service, and platform improvement purposes.
12.1 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.
12.2 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.
13.1 Where required by applicable law, Good Dog acts as a marketplace facilitator and will automatically calculate, collect, and remit sales tax on behalf of Breeders for applicable transactions processed through the Payment Services. The sales tax amount will be displayed to Buyers before completing their purchase.
13.2 Breeders remain solely responsible for: (i) all income taxes on their sales, (ii) sales tax obligations in jurisdictions where Good Dog does not act as marketplace facilitator, and (iii) any other applicable taxes not collected by Good Dog.
13.3 Buyers are responsible for: (i) any applicable use taxes in jurisdictions where Good Dog does not collect sales tax, and (ii) any other taxes related to their purchase not collected by Good Dog.
13.4 Good Dog will provide tax reporting as required by law, including Forms 1099 to Breeders and sales tax reporting to applicable authorities. Breeders must provide accurate tax identification information upon request.
13.5 Good Dog's tax collection services are limited to sales tax where we are required to act as marketplace facilitator. We do not provide tax advice and recommend consulting tax professionals for specific situations.
14.1 Subject to this Section, these Terms will remain in full force and effect while you use the Good Dog Platform.
14.2 You may terminate this Agreement at any time by sending an email to help@gooddog.com and canceling your Good Dog Account.
14.3 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.
14.4 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, (iii) Good Dog believes 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), (iv) in the case of Breeders, you have materially misrepresented your practices or failed to accurately report required information, or (v) in the case of Breeders, you have engaged in fraudulent behavior or made false claims about your practices, policies, or services.
14.5 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 Owner Stories 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, (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, (viii) if you fail to maintain accurate information about your practices, (ix) if you repeatedly fail to honor your stated policies or contracts with Buyers, or (x) if you encourage off-platform payments in violation of these Terms:
14.5.1 refuse to surface, delete or delay any Listings, Owner Stories, or other Member Content;
14.5.2 cancel any pending or confirmed transactions;
14.5.3 limit your access to, or use of, the Good Dog Platform;
14.5.4 temporarily or permanently revoke any special status associated with your Good Dog Account; or
14.5.5 temporarily or permanently suspend your Good Dog Account.
14.6 In the case of non-material breaches and where appropriate, in Good Dog's sole discretion, you may be given notice of any intended measure by Good Dog and an opportunity to resolve the issue to Good Dog's sole satisfaction. 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 Breeders shall be responsible for reimbursing Good Dog for such refund amounts upon invoice, and (ii) you may not be entitled to any compensation for pending or confirmed transactions that were cancelled.
14.7 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.
14.8 If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
14.9 Termination of this Agreement does not affect any payment obligations incurred prior to termination, including but not limited to any fees owed to Good Dog or any tax collection and remittance obligations.
14.10 If termination occurs while there are pending transactions or active contracts between a Breeder and Buyer, Good Dog may, in its sole discretion: (i) allow the transaction to complete according to its terms, (ii) cancel the transaction and issue refunds for amounts paid through Good Dog, or (iii) take other actions as necessary to protect the interests of affected parties.
14.11 Upon termination, Good Dog may retain such information as necessary to comply with applicable laws, resolve disputes, enforce these Terms, or protect our legal rights. This includes retention of information about reported practices, transactions, and Member conduct.
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 ARE A USER FROM NEW JERSEY, THE SECTIONS TITLED “INDEMNIFICATION”, “DISCLAIMERS” AND “LIABILITY” ARE INTENDED TO BE ONLY AS BROAD AS IS PERMITTED UNDER THE LAWS OF THE STATE OF NEW JERSEY. IF ANY PORTION OF THESE SECTIONS IS HELD TO BE INVALID UNDER THE LAWS OF THE STATE OF NEW JERSEY, THE INVALIDITY OF SUCH PORTION WILL NOT AFFECT THE VALIDITY OF THE REMAINING PORTIONS OF THE APPLICABLE SECTIONS.
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.
17.1 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, (iv) claims of infringement, misappropriation, or violation of any third party intellectual property rights by Member Content, Listings, Owner Story, and any other information or materials provided by you, including but not limited to patents, trademarks, copyrights, trade secrets, or other proprietary rights, or (v) your breach of any laws, regulations or third party rights.
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.
19.1 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).
19.1.1 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.
19.1.2 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.
19.1.3 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.
19.2 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, 800 North State Street, Suite 304, Kent County, Dover, DE 19901. 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.
19.3 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.
19.4 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.
19.5 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.
19.6 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: help@gooddog.com, 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.
19.7 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.
19.8 Mass Action Waiver
Notwithstanding anything to the contrary in this Section 19, the parties agree that the relative benefits and efficiencies of arbitration may be lost when 50 or more arbitration claims are filed within 180 days which (1) involve the same or similarly situated parties; (2) are based on the same or similar claims which arise from the same or substantially identical transactions, incidents, alleged violations or events requiring the determination of the same or substantially identical questions of law or fact; and (3) involve the same or coordinated counsel for the parties (“Mass Action”). You and Good Dog expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a Mass Action. An arbitrator or arbitration provider shall not have any authority to hear, arbitrate, or administer any Mass Action or to award relief to anyone but the individual in arbitration. Nothing in this provision, however, prevents you or Good Dog from participating in a mass settlement of claims.
19.8.1 Mass Action Dispute Procedure
Notwithstanding any provision to the contrary in the JAMS Rules, if a dispute arises as to whether a party has filed a Mass Action in violation of this Mass Action waiver, an arbitrator shall be empowered to resolve only such disputes. Such a dispute may be raised by either party with the arbitrator or arbitration provider within 15 days of its arising. If the arbitrator determines that a party has violated this Mass Action waiver, the parties shall have the opportunity to opt-out of arbitration within 30 days of the arbitrator's decision. For the avoidance of doubt, the ability to opt out of arbitration described in this Section only applies if the arbitrator determines that you have violated the Mass Action waiver.
19.8.2 Batching
If a Mass Action is filed and neither party exercises its right to opt out of arbitration, the parties shall group the arbitration demands into batches of no more than 100. The batches will be determined by the claimants’ state of residence and then alphabetically by last name (or business name). The parties will randomly assign each batch a sequential number, and only one batch shall proceed to arbitration at a time in the order of the random sequential numbers. While one batch is being arbitrated, the arbitration provider shall hold the remainder in abeyance unless otherwise agreed by the parties or instructed by the arbitration provider. Each batch will be treated as one case with one appointed arbitrator and one set of administrative fees per batch.
19.9 Survival of Agreement
This Arbitration Agreement will survive the termination of your relationship with Good Dog.
19.10 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.
20.1 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.
20.2 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.
21.1 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 by emailing help@gooddog.com and filling out the required form that will subsequently be sent to you. All concerns are investigated by our screening and compliance departments.
21.1.1 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.
21.2 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 feedback@gooddog.com, 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.
22.1 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").
22.2 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 800 North State Street, Suite 304, Kent County, Dover, DE 19901
By Email: copyrightnotice@gooddog.com
22.3 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:
22.3.1 A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
22.3.2 Identification of the copyrighted work claimed to have been infringed;
22.3.3 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;
22.3.4 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;
22.3.5 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
22.3.6 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).
22.4 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.
23.1 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.
23.2 Unless otherwise expressly stated herein, 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.
23.3 These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.
23.4 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.
23.5 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.
23.6 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.
23.7 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 (i) consent to receive communications from Good Dog in an electronic form; and (ii) 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 seq. ("E-Sign").
23.8 Good Dog retains personal information and Account data as follows: marketing preferences and unsubscribe requests are retained indefinitely to honor your choices. Upon written request to help@gooddog.com, we will delete your personal information within thirty (30) days, except where retention is required by law, for pending disputes, or to enforce these Terms. Deleted data may remain in backup systems. This policy does not affect anonymized or aggregated data used for business analytics.
23.9 Good Dog shall not be liable for any failure or delay in performance of its obligations under these Terms which is due to acts of God, natural disasters, government actions, internet service provider failures, or other causes beyond Good Dog's reasonable control (each, a "Force Majeure Event"). Good Dog shall promptly notify affected Members of any Force Majeure Event through the Good Dog Platform or email and use commercially reasonable efforts to minimize the impact and restore normal operations. If a Force Majeure Event prevents Good Dog from providing the Services for more than sixty (60) days, Members may terminate their Account in accordance with Section 14.2 without penalty.
If you have any questions about these Terms please email us or contact us at:
Good Dog, Inc. Legal Department, help@gooddog.com