Terms & Conditions of Service
Last Updated: March 5 2025
PLEASE REVIEW THESE TERMS OF SERVICE CAREFULLY: THEY CONTAIN VITAL INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND RESPONSIBILITIES. BY ACCESSING OR USING THE SITE (AS DEFINED BELOW), YOU AGREE TO COMPLY WITH AND BE BOUND BY THESE TERMS OF SERVICE.
PLEASE NOTE THAT WE HAVE THE RIGHT TO CANCEL YOUR ACCOUNT OF THE SITE AT ANY TIME, FOR ANY REASON, WITHOUT NOTICE AND THESE TERMS & CONDITIONS OF SERVICE EXPLAIN THAT RIGHT. BY ENTERING OUR SITE OR CREATING AN ACCOUNT YOU ARE ACCEPTING THESE TERMS & CONDITIONS OF SERVICE.
IMPORTANT NOTICE: THESE TERMS OF SERVICE INCLUDES AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS OF LANCASTER PUPPIES. IF YOU RESIDE IN THE UNITED STATES, THIS PROVISION GOVERNS ALL DISPUTES YOU MAY HAVE WITH LANCASTER PUPPIES. IF YOU RESIDE OUTSIDE OF THE UNITED STATES, THIS PROVISION APPLIES TO ANY LEGAL ACTION YOU BRING AGAINST LANCASTER PUPPIES IN THE UNITED STATES. THIS SECTION AFFECTS HOW DISPUTES ARE RESOLVED. BY ACCEPTING THESE TERMS OF SERVICE, YOU AGREE TO BE BOUND BY THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.
Introduction
We are PMG U.S., LLC, 54510 Township Road 172, Fresno Ohio 43824.
Site is lancasterpuppies.com and its subdomains and its apps, collectively referred to herein as the "Site", “we”, “us”, or “Lancaster Puppies”.
You are a visitor and/or user of our Site.
These Terms & Conditions of Service (these “Terms”) constitute a binding legal agreement (this “Agreement”) between you - whether an individual or acting on behalf of an entity (“you,” “your”) and Lancaster Puppies. By accessing or using our website (including any subdomains), mobile applications, or other related services (collectively, the “Services”), you acknowledge that you have read, understood, and agree to be bound by these Terms, including any supplemental policies or documents that are expressly incorporated herein by reference. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, YOU ARE PROHIBITED FROM CONTINUING TO USE THE SERVICES AND MUST DISCONTINUE USE IMMEDIATELY.
We reserve the right, at our sole discretion, to modify or update these Terms at any time. When changes occur, we will revise the “Last Updated” date at the top of these Terms and, where legally required or otherwise appropriate, may notify you via the email address associated with your account or another form of communication deemed likely to reach you. Your continued use of the Services after any posted revision indicates your acceptance of those changes. It is your responsibility to review these Terms periodically.
For information about how we collect and use personal data in connection with your use of the Services, please refer to our Privacy Policy. We and you both agree that our Privacy Policy forms part of these Terms. We recommend retaining a copy of these Terms for your records.
These Terms of Service also include:
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Your acknowledgment that the Company has no liability regarding the Services.
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Your agreement that the Services are provided “as is” and without any warranties.
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Your consent to release Lancaster Puppies from liability related to claims between users and generally.
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Your obligation to indemnify the Company for your use or inability to use the Services.
Scope of Our Services
Our Site provides an online service that enables registered users to: (i) offer, list, and promote certain services related to the sale of dogs (collectively, “Listings”); (ii) communicate and transact directly with other registered users who are seeking such services; and (iii) engage with various features designed to facilitate interactions and transactions (collectively, the “Services”).
We act solely as a platform provider and do not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or services offered by users. Users are solely responsible for their Listings, transactions, and interactions with other users. When users engage in a transaction, they are entering into a direct agreement with each other. We are not a party to these transactions and assume no liability related to them. Unless expressly stated otherwise, we do not act as an agent, broker, or insurer for any transaction or user.
Any reference to a user being “verified” (or similar terminology) indicates that the user has completed certain verification steps, vetting, or identification procedures. However, this does not constitute an endorsement, guarantee, or certification of the user, their Listings, or their services. We do not control and make no representations regarding the legality, accuracy, quality, safety, reliability, or suitability of any Listings, transactions, or interactions facilitated through the Site. Users should conduct their own due diligence and exercise caution when engaging with others, both online and in person. NEITHER LANCASTER PUPPIES NOR ITS AFFILIATES IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. LANCASTER PUPPIES WILL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH YOUR USE OF THE SITE THAT IS NO FAULT OF LANCASTER PUPPIES.
Legal Compliance and Use Restrictions
The information and Services provided on our Site may not be used in jurisdictions where such use would violate applicable laws or regulations or subject us to additional compliance requirements. If you access the Services from a different location, you do so at your own initiative and assume full responsibility for ensuring compliance with local laws.
Users grant Lancaster Puppies 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 content (in whole or in part) for the purposes of providing the Services and marketing purposes, including in advertisements for Lancaster Puppies or any of the Services, on websites, in applications, within emails, and on our social media pages.
Verification and Third-Party Services
To enhance trust and security, we may require Users to verify their phone number through a third-party service provider such as Twilio. You acknowledge that any resulting phone, data, or SMS charges are solely your responsibility, and we disclaim any liability for such charges.
Additionally, we may offer identity verification services through third-party providers such as Onfido and Stripe. As this process is conducted entirely by the third-party provider, we do not control or guarantee the accuracy or completeness of the verification results. The third-party provider is solely responsible for any verification-related issues, and we assume no liability regarding the outcome.
Any checks that we do are provided solely for identity verification/safety and are not intended for making credit or employment decisions. Lancaster Puppies do not provide “consumer reports” and Fair Credit Reporting Act (FCRA) does not apply.
Third-Party Links and Service Availability
Our platform may include links to third-party websites, services, or resources (“Third-Party Services”), which may have different terms and privacy policies. We do not endorse, control, or assume responsibility for the availability, content, or services offered by these Third-Party Services. Your interactions with them are solely at your own risk.
Due to the nature of the internet and technological infrastructure, we cannot guarantee uninterrupted availability of the platform. We may, at our discretion, limit access to certain features or temporarily suspend the platform to maintain security, integrity, or system performance. We also reserve the right to enhance, modify, or introduce new Services at any time.
Account Eligibility and Registration
To use certain features of the Site, such as creating a Listing or contacting sellers, you must register an Account. If you are registering an Account on behalf of a business or legal entity, you warrant that you have the authority to bind that entity to these Terms. You also confirm that you are not barred from using our Services under the laws of the United States, your country of residence, or any other applicable jurisdiction.
You agree to provide and maintain accurate, current, and complete information in your Account profile. If we determine that your information is false, incomplete, or outdated, we reserve the right to suspend or terminate your Account and restrict your access to the Services. We may also suspend or terminate your Account at our sole discretion, without prior notice, for any reason.
Your Representations and Warranties to Us
To access and use the Site or create an account (“Account”), you must be at least 18 years old and have the legal capacity to enter into a binding contract. By registering for an Account, accessing, downloading, or using the Site, you represent and warrant that you:
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Have read, understand, and agree to be bound by these Terms.
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Are at least 18 years old with the legal authority to enter into a contract.
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You will have only one Account with us (duplicate accounts are prohibited).
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Persons from the same family or household must share one Account.
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All of the information you provide when opening an Account is true, accurate, and complete, and you are not opening the Account for anyone else.
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If you have a username/breeder name on the Site, that name will not be offensive, suggest that you are someone else or that you represent a trade or brand name if you are a private advertiser, or suggest that you are a private advertiser if you are a breeder or a company.
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If you follow any links we have on the Site, you will read the Terms & Conditions on the sites we link you to.
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Are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site.
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Will not engage in any automated use of the system, such as using scripts to send comments or messages.
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Will not use robots, spiders, scrapers or similar tools on our Site to gather and extract data.
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Will not use the Services for any illegal or unauthorized purpose.
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Will not try to get around any security measures on the Site to stop or limit access to parts of it.
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Will not do anything that might cause our Site or system to crash.
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Will not steal, borrow, copy or otherwise obtain the Site or any part of it for use in any other site or application.
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Will not try to modify, translate, adapt, edit, decompile, disassemble or reverse engineer any programs we use in connection with this Site, its system or the Services it offers.
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Will not systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
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Will not use the Services for spamming other users or promoting the use of another service to other users.
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Will not make any unauthorized use of the Services, including collecting usernames, email addresses and/or phone numbers of users by electronic or other means for the purpose of sending unsolicited messages.
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Will not harass, annoy, intimidate, or threaten any of our users, employees or agents.
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Will not use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.
You may not create an Account or use the platform if you have been previously removed or banned from our Services.
User Verification
We do not guarantee the authenticity of any user’s identity. However, to promote transparency and prevent fraud, we may, where permitted by law:
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Request a government-issued ID or additional verification information from users.
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Screen users against third-party databases and request reports from service providers.
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Conduct background checks, including criminal history or animal abuse registry checks, when sufficient information is available.
We have no obligation to conduct such checks and make no guarantees about the accuracy or reliability of any identity verification.
Account Security
You are solely responsible for maintaining the confidentiality of your Account credentials and may not share them with any third party. If you suspect unauthorized access to your Account, you must notify us immediately if you suspect your credentials have been lost, stolen, misused, or compromised.
You are responsible for all activity conducted through your Account unless such activity was unauthorized and not due to your negligence.
You are responsible for providing and maintaining any necessary equipment, software, or internet access required to use the platform, including mobile devices if applicable. Any fees incurred for accessing the Site, such as internet or mobile data charges, are solely your responsibility.
Intellectual Property and Content
We own or have licenses to all intellectual property rights in our Site, including but not limited to source code, databases, functionality, software, website design, audio, video, text, photographs, graphics, trademarks, service marks, and logos (collectively, the "Content").
The Content are protected by copyright, trademark, and other intellectual property laws in the United States and globally. You may access the Content strictly for personal, non-commercial use or internal business purposes only.
By submitting, posting, or sharing any Content on our platform either as part of a Listing, as part of communication with other users or otherwise, you grant us a non-exclusive, unrestricted, irrevocable, perpetual, worldwide, royalty-free, fully paid, and transferable license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute your Content. You waive all moral rights in your Content and confirm that no other party has asserted such rights over them.
While we do not claim ownership of your Content, you retain full intellectual property and proprietary rights over them. However, you are solely responsible for the Content you submit, and we assume no liability for any statements, claims, or representations made within your Content. By submitting Content, you agree to release us from any legal claims or responsibility related to your Content.
We have no means of assessing the ownership of any Content uploaded to the Site by users and make no warranties that those posting that Content have the right to do so - if you believe that your Intellectual Property Rights have been breached in any way, let us know and we will remove any Content which breaches those rights.
Lancaster Puppies may select certain Content that you upload to the site for promotional activities of Lancaster Puppies, including but not limited to: use in Lancaster Puppies own promotional materials either online or in printed form.
You will indemnify us against all liabilities which arise as a result of your posting any Content to the Site.
Limited License for Use
Subject to your compliance with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use our platform. Unless explicitly authorized in writing by us, you may not:
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Copy, reproduce, aggregate, republish, upload, post, publicly display, encode, translate, distribute, sell, license, or otherwise exploit any part of our Content for commercial purposes.
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Modify or create derivative works based on our Content.
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Remove, obscure, or alter any copyright, trademark, or proprietary notices contained in our Content.
Any unauthorized use of our intellectual property will result in an immediate termination of your rights to use our Site.
User Responsibilities and Prohibited Content
By posting Content, you agree that it will not:
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Contain false, misleading, or deceptive information.
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Be defamatory, obscene, pornographic, offensive, or otherwise inappropriate.
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Promote discrimination, hatred, harassment, or violence.
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Infringe on any third-party intellectual property, privacy, or other legal rights.
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Violate any applicable laws or platform policies.
We reserve the right to remove or restrict access to any Content that we believe violates these Terms or is otherwise objectionable. Additionally, we may suspend or terminate your account if you violate these guidelines.
Listing Rules
We reserve the right to edit or delete any listing for impropriety or misuse of the guidelines. Your listing will expire automatically after 30, 45, or 60 days, depending on which listing tier you choose, (Basic, Advanced, or Premium) but you can renew when needed.
All uploaded photos must be of the actual dog you wish to sell, and not copied/downloaded pictures of other dogs from the internet. You can update the picture(s) as often as you like. The title, name, birth date, and breed cannot be updated after the listing is created. Mark your puppy as sold once the sale is complete.
All puppies must be entered into the correct and appropriate breed categories. Purebred categories are reserved strictly for purebred puppies. Puppies that do not follow common breed standards are subject to questioning, we may request a DNA test to allow them in the purebred category, regardless of registration papers.
Mixed puppies that are in the purebred category will be moved to the correct category without notification. Mixed breeds must be entered into a mix (hybrid) category or the correct "designer breed". Three way mixed puppies can not be put into two way mix categories. If you have a new breed or mix that you do not see a category for, please contact us.
You may only advertise one puppy per listing. Any listing with language indicating that there are more puppies in the litter for sale, or pictures of other puppies besides the one specified in the listing copy, will be deleted with no refund.
You must clearly identify all health and welfare issues associated with any puppy you list with Lancaster Puppies.
Any listings that were created, and then modified to indicate that there are multiple puppies for sale will be deleted with no refund. Each listing is only for a single puppy, not a litter. If you have multiple puppies in a litter for sale, you must create a listing for each puppy in the litter. Also not permitted is switching a listing to a different puppy once that puppy is sold.
No contact information (phone numbers, email addresses, or websites) shall be put into the puppy description. This information can be added to the "seller profile" which can be viewed by buyers. Websites are only allowed on seller profiles if they do not show more pups available than what is listed on our site.
You are welcome to list your client's puppies, however, you may only provide a link to an external website representing that specific seller. The listing must reflect only the actual seller's information. You may not include watermarks, URLs, etc. in the photos. Contact us if you're interested in further sales opportunities.
WE RESERVE THE RIGHT TO DECLINE ANY LISTINGS, BAN, CLOSE OR SUSPEND A USER'S ACCOUNT IF WE SUSPECT INAPPROPRIATE BEHAVIOUR OR UNETHICAL BREEDING, WHICH IS NOT LIMITED TO THE RULES ABOVE.
IF YOU BREAK ANY OF THE ABOVE RULES, WE MAY END ALL OR ANY ADVERTS YOU HAVE PLACED WITH US AND CLOSE YOUR ACCOUNT.
Your Use of the Site
As a Seller
By agreeing on the terms of a sale or service with a buyer, you acknowledge that a legally binding contract is formed between you and the buyer. We are not a party to any agreements between buyers and sellers and assume no responsibility for any transactions or disputes arising from such agreements.
You represent and warrant that any Listing you create and any sale or transaction you conduct will:
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Not violate any agreements you have with third parties, including other buyers or business partners.
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Comply with all applicable laws and regulations, including but not limited to USDA regulations, tax requirements, and any required permits, licenses, or registrations.
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As a seller, you are fully responsible for your own actions and omissions, as well as those of any individuals acting on your behalf.
If we receive complaints regarding your account, you must resolve any issues to the satisfaction of both the buyer and us.
If your account is closed for any reason, you will not be entitled to compensation for any losses incurred, even if you have paid for certain products or services on our platform.
If we have reason to believe that you are engaging in fraud or any other criminal activity, we reserve the right to report such activities to law enforcement authorities, including the police.
As a Buyer
You may inquire about a Listing on our platform by using any of the available communication channels as prescribed by the Site and/or the seller. Before contacting a seller, you acknowledge and agree that we are not able to check the truth or accuracy of any statement made by any person listing on the Site.
You accept that you have the responsibility to verify all statements made and all documentation offered by any seller.
You accept and acknowledge that we do not have any means of verifying the honesty of any seller and that if you do send money using any online service, we have no responsibility to you if, and when you lose that money. You also acknowledge that Lancaster Puppies does not (and cannot) verify or guarantee a puppy’s health, genetic status, vaccination record, or perform any vet check of any kind.
You should confirm that the seller is a genuine person. You can do this by visiting the puppy at the seller’s home, and if they make excuses or try to ask for money or a deposit without seeing the puppy, please do not agree to this.
You should always use our secure in-platform messenger system and not accept any invite to use any alternative messenger system, such as WhatsApp or email. Our system is secure and allows you to share multiple high-resolution images and videos. You also promise not to use offensive language, spam users with unsolicited messages, or use our chat system in any automated or commercial way. We reserve the right to filter or block messages that we deem to be suspicious before they reach the counter-party. We also reserve the right to block users based on misuse of our messenger system.
We do not transfer legal ownership of dogs between sellers and buyers. Ownership transfers are governed by applicable laws, including: California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2). Unless otherwise agreed upon by both the seller and buyer, these legal provisions apply to ownership transfers.
If you purchase a dog on behalf of another person, you are responsible for ensuring that the additional person is aware of and agrees to these Terms.
If you are purchasing for a minor, you confirm that you have the legal authority to act on their behalf. Minors may only purchase a dog if sponsored and guaranteed by an adult, who will be fully responsible for any dogs purchased.
Shipping
If you arrange transport for the dog that you are selling or purchasing, it is your responsibility to comply with state import laws (some states require health certificates or veterinarian checks). Any transport arrangements are purely between buyer and seller and are not facilitated or guaranteed by Lancaster Puppies.
Payments for Services
Lancaster Puppies sometimes charges a fee for certain services such as uploading listings, promoting your listings, or transferring payments to other users. Our prices are quoted in US Dollars, and we may change them from time to time. We may choose to change our fees for promotional events or new services temporarily, and these changes become effective when we announce the promotional event or new service.
You are responsible for paying Lancaster Puppies fees when they are due. If you do not, without prejudice to any other right or remedy we may be entitled to under these Terms or by law, we may limit your ability to use the services.
We reserve the right to dispute any and all Chargebacks. If a user contacts their bank or credit card company to fraudulently decline, chargeback or otherwise reverse the charge of any payable fees to us, we may automatically terminate the user’s Account.
Paying for uploading or promoting listings
Payments for uploading or promoting listings are processed via the electronic payment system Stripe. Lancaster Puppies only stores the necessary information required to make a purchase. Your credit card information is NOT stored by us and is always processed across a secure server, using Stripe the online payment provider.
By agreeing to these terms and conditions, the user automatically agrees to the former conditions as well as Stripe's Privacy Policy that applies to the processing of data collected by Stripe for processing payments on the Site. Please visit https://stripe.com to access all applicable conditions.
We shall not be liable for the acts or omissions of such third-party payment service providers. You shall be solely responsible for the transmission of information connected to your credit or debit card, or other method of payment and we hereby exclude all liability to the extent permitted by law.
NOTE THAT ANY PAYMENT YOU HAVE MADE FOR ANY OF OUR SERVICES WILL NOT BE REFUNDED IF YOUR ACCOUNT OR LISTING IS TERMINATED AS A RESULT OF A BREACH OF THESE TERMS.
Please note that uploading or promoting listings on Lancaster Puppies is a bespoke package, tailored to your requirements and is created instantaneously. By submitting your Listing to us for publication or promoting your Listing, Lancaster Puppies will have fully performed our advertising service. This means that you will lose the right to cancel your payment once the payment is consumed, and you will not be entitled to a refund if you wish to remove your advert or if you are not satisfied with the service.
Subscriptions
If you sign up for a monthly or annual subscription, your subscription will continue and automatically renew unless canceled. You consent to our charging your payment method on a recurring basis without requiring your prior approval for each recurring charge, until such time as you cancel the applicable order.
You can cancel your subscription at any time. Your cancellation will take effect at the end of the current paid term.
Ranking of Search Results
The placement and ranking of Listings in search results on the Site may vary and depend on a variety of factors, such as, but not limited to, search parameters and preferences, time of publication of the Listing, puppy availability, price, number and quality of images, Listing description, user reviews and/or purchase of any promotional packages by Seller.
Term, Termination and other Actions
These Terms will remain in effect while you use the Site unless terminated under this section.
You may terminate this Agreement at any time by canceling your account.
Without limiting our rights, we may terminate this Agreement at any time, in our sole discretion and without notice or liability.
Certain clauses within these Terms that reasonably should survive termination will remain in effect.
Modifications
We reserve the right to change, modify, or remove any content from the Services at any time and for any reason, at our sole discretion, without prior notice. While we may update information on our platform, we are under no obligation to do so. Additionally, we may modify or discontinue all or part of the Services without notice, and we will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Services.
Disclaimers
If you choose to access or use the Site or its Content, you do so voluntarily and at your own risk. To the maximum extent permitted by applicable law, you expressly agree that the platform and all content are provided “as is” and “as available,” with all faults, and that your use of them is solely at your own risk.
To the extent permitted by law, Lancaster Puppies, its affiliates, officers, employees, agents, investors, financing sources, partners, and licensors expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied.
No oral or written advice or information obtained from Lancaster Puppies or through the Site will create any warranty not expressly stated in these terms.
We cannot promise that the Site will meet your needs, work properly, be fit for a particular purpose, or not infringe on the rights of others.
We cannot promise that the Site will work with all systems, be secure, or that all information provided will be accurate.
Any advice given on the Site is general and may not apply to you or your circumstances. Unless the advice is part of a paid service we offer on the Site, you must double-check that the advice is effective for you.
We make every reasonable effort to test material before placing it on the Site. In the unlikely event of any loss, disruption, or damage caused by material on the Site, we cannot be held responsible for any loss, disruption, or damage to your data or computer system.
You are solely responsible for your interactions with other users and any other parties with whom you interact through the Site. Lancaster Puppies reserves the right, but has no obligation, to interfere and assist in such disputes.
Since we cannot know or understand your personal circumstances, we cannot guarantee that any suggestion in our Content will lead to a specific outcome. All such Content is provided as a general suggestion only and not as any form of warranty on our part regarding any outcome you may achieve.
We never guarantee that the Site or the System will be available all the time. If it is unavailable for any reason, you cannot hold us responsible for any resulting losses.
We have the right to change the Site and its services, the way it operates, and/or suspend or stop it at any time.
The only rights you have under these Terms are those mentioned within them. If a right is not mentioned (unless it is a right given to you under law), then it does not exist.
The above disclaimers apply to the maximum extent permitted by law. You may have certain statutory rights under local laws; however, any legally required warranties shall be limited to the shortest duration permitted by law.
Problems & Complaints
We do our very best to make sure that you do not experience any problems. If you do, please let us know immediately.
We will work to resolve the issue as quickly as possible and at no charge if we agree there is a problem.
If you want to raise a complaint about us or any other user, please send the full details to our support. If we agree that your complaint has merit, we may contact any other user involved, suspend a Listing causing an issue, and take other appropriate steps to resolve the complaint. We do not have a formal complaints procedure and will handle all complaints in the way we think is most reasonable. You have various rights under these Terms and by law, and nothing in these Terms affects any of your legal rights.
Limitation of Liability
To the maximum extent permitted by law, you acknowledge and agree that all risks arising from your access to and use of the Site and its Content - including publishing, purchasing, selling, or interacting with other users, whether online or in person - remain solely with you.
Please bear in mind that we are a platform for displaying puppies for sale. We have no control over any transaction in which you are involved and cannot verify the truth of any statements made in a Listing. Before you agree to purchase or supply any animal, you agree to take all necessary precautions to ensure that the person you are dealing with has been open and honest.
Neither Lancaster Puppies nor any party involved in the creation, production, or delivery of the platform or its Content will be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including but not limited to:
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Lost profits, loss of data, or loss of goodwill.
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Service interruptions, computer damage, or system failures.
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The cost of substitute products or services.
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Personal or bodily injury, emotional distress, or damages arising from these Terms.
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The use of, or inability to use, the Site or its Content.
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Communications, interactions, or meetings with other users or third parties, whether initiated online or in person.
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Publishing, inquiring about, or purchasing from a listing.
This applies regardless of whether liability is based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and even if Lancaster Puppies has been informed of the possibility of such damages. If any limited remedy outlined in these Terms is found to have failed in its essential purpose, this limitation still applies.
The limitations set forth in this section are fundamental elements of the agreement between you and Lancaster Puppies. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so certain limitations may not apply to you.
If you reside outside the U.S., this does not affect Lancaster Puppies’s liability for death or personal injury caused by negligence, fraudulent misrepresentation, misrepresentation of a fundamental matter, or any other liability that cannot be excluded or limited under applicable law.
We have limited resources and cannot guarantee a response to any message you send within a specific timeframe or at all. While we will always do our best to reply within 24 hours, we will not be liable if we are unable to do so.
We will not be liable for the ending of any Listings you have placed on the Site if either you or we terminate your Account.
If we are found liable for any loss you sustain, you agree that our liability is limited to the direct losses you have sustained. This will not include any loss to your goodwill, profit, or reputation, or any indirect, special, or consequential losses of any nature.
Links to other websites
We do not control any of the external links we share and are not responsible for their content. We disclaim liability for any losses resulting from your use of the links we share. Sharing a link does not mean we endorse or recommend that site.
We can never guarantee that a link will work.
If you find any link we provide to be offensive, please let us know and we will consider removing it.
If you follow a link to any other website using our Site, you understand that separate conditions will apply to those sites and that we have no control over those conditions. You agree that you will read and understand them before using those sites.
Release
You hereby release Lancaster Puppies, its affiliates, subsidiaries, officers, directors, employees, agents, and successors from any and all claims, demands, losses, damages, rights, and actions of any kind, including but not limited to personal injuries, death, and property damage, that directly or indirectly arise from:
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Your use of the Site,
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Any interactions with or conduct of other users, or
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Third-party websites or services linked to or associated with the platform.
Lancaster Puppies expressly disclaims any liability that may arise between users. If you have a dispute with one or more users, you agree to release Lancaster Puppies and its affiliates from all claims, demands, and damages (both actual and consequential) of any kind and nature, whether known or unknown, arising from or related to such disputes.
By agreeing to this release, you waive any legal protections (whether statutory or otherwise) that would limit the scope of this release to only those claims you are aware of at the time of entering into this agreement.
California Residents: You expressly 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.”
Indemnification
You agree to release, defend (at Lancaster Puppies’s option), indemnify, and hold harmless Lancaster Puppies, its affiliates, subsidiaries, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including but not limited to legal and accounting fees, that arise from or relate to:
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Your breach of these Terms, policies, or platform standards.
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Your improper use of the Site or any services offered through it.
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Your interactions with any user, including the purchase or sale of any item, service, or transaction facilitated through the platform, including any injuries, losses, or damages (whether direct, incidental, consequential, or otherwise) arising from such interactions.
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Your violation of any laws, regulations, or third-party rights.
This indemnification obligation will survive termination of your account or use of the Site.
Disputes
Please read this section carefully as it affects your legal rights, including your right to file a lawsuit in court. By using the Site, you agree that all disputes will be resolved through binding arbitration, except as specified below.
Scope of Arbitration Agreement
You and Lancaster Puppies agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of the platform, or your relationship with Lancaster Puppies, shall be resolved exclusively through binding arbitration rather than in court, except that:
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You may bring claims in small claims court if they qualify and remain solely on an individual (non-class) basis.
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Either party may seek injunctive or equitable relief in court for the unlawful use of copyrights, trademarks, trade names, trade secrets, patents, or other intellectual property rights.
This arbitration agreement applies to all claims, including those that arose before these Terms took effect. It also extends to claims against Lancaster Puppies’s officers, employees, agents, affiliates, successors, and assigns.
Arbitration Rules and Procedures
Arbitration shall be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, if applicable, the AAA’s Consumer Arbitration Rules (available at www.adr.org). If the AAA is unavailable, the parties shall agree to an alternative arbitration provider.
Arbitration may be conducted in person, through written submissions, via phone, or online, depending on the circumstances.
The arbitrator will issue a written decision and must follow applicable law.
The arbitration shall take place in Ohio, unless otherwise required by applicable law.
If you cannot afford arbitration fees and are unable to obtain a fee waiver, Lancaster Puppies will cover reasonable arbitration costs unless the arbitrator determines your claim is frivolous.
The arbitrator shall have exclusive authority to resolve disputes regarding the interpretation, enforceability, and validity of this arbitration agreement. The arbitrator has the authority to grant all remedies available under applicable law, just as a court would.
There is no judge or jury in arbitration, and court review of an arbitration award is limited.
Waiver of Jury Trial and Class Actions
By agreeing to arbitration, you and Lancaster Puppies waive the right to a trial by jury.
No Class Actions: You agree that arbitration will be conducted on an individual basis only.
No Consolidation: Claims of multiple individuals cannot be combined into a single arbitration.
If this waiver of class actions is found to be unenforceable, then this arbitration agreement shall be void, and disputes shall be resolved in court.
Opt-Out Option
You may opt out of this arbitration agreement by sending written notice to Lancaster Puppies within 30 days of first accepting these Terms. Your opt-out notice must include your name, contact details, and an unequivocal statement that you wish to opt out of arbitration. If you opt out, all other provisions of these Terms remain in effect.
Severability and Survival
If any provision of this arbitration agreement is found unenforceable, the remaining terms shall continue in full force and effect. This arbitration agreement survives the termination of your relationship with Lancaster Puppies.
Exception to Arbitration
Notwithstanding the above, you and Lancaster Puppies are not required to arbitrate any dispute involving intellectual property rights (e.g., trademarks, copyrights, patents). If this provision is found to be unenforceable, the dispute will be resolved in a court of competent jurisdiction as outlined below.
Jurisdiction and Governing Law
If a dispute proceeds in court instead of arbitration, it shall be heard in the state or federal courts located in Ohio, and both parties consent to personal jurisdiction in such courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) shall not apply to these Terms.
This section does not limit any rights you may have under applicable consumer protection laws in your jurisdiction.
Governing Law
You agree that, except to the extent inconsistent with or preempted by federal law, the laws of the State of Ohio, 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 Lancaster Puppies, except as otherwise stated in this Agreement.
Unless you and Lancaster Puppies 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 Lancaster Puppies must be resolved exclusively by a state or federal court located in Ohio. You and Lancaster Puppies agree to submit to the personal jurisdiction of the courts located within Ohio for the purpose of litigating all such claims or disputes.
General Provisions
Partnership/Joint Ventures – we and you agree that this Agreement does not form the basis of any partnership or co-venture.
Effect of Agreement – this Agreement supersedes any previous agreement between the parties in relation to the matters dealt with in them and represents the entire understanding between the parties.
Time of the Essence – time will not be of the essence in any part of this Agreement.
Warranties – All parties acknowledge and agree that they have not entered into this agreement with us in reliance on anything said or promised by the other which is not in these Terms.
Force Majeure – if something outside of our control happens and prevents us from providing our services, you accept that we are not liable for the consequences of that failure. This includes events such as strikes, riots, fires, explosions, war, floods, and other similar occurrences. In the event of such an occurrence, we will inform you as soon as possible and resume the service as soon as we are able. If we are unable to perform the service within a reasonable time, we reserve the right to cancel it. If we do cancel the service for these reasons, we will refund to you a fair and reasonable proportion of any payment you have made to us.
Unenforceability – if a Court or other body says that any part of these Terms is unenforceable, the rest of them will stand.
Notices – Unless otherwise specified, any notices or communications under these Terms will be provided electronically, including via email, platform notifications, SMS, or other digital messaging services. The date of transmission will be considered the date of receipt.
Entire Agreement – These Terms, along with any additional policies, guidelines, or operating rules posted on the Site, constitute the entire agreement between you and Lancaster Puppies regarding your access to and use of the Site.
Waiver - Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision unless acknowledged and agreed to by us in writing. Any exercise of rights under these Terms shall be without prejudice to any other remedies available under these Terms or applicable law.
Assignment - You may not assign, transfer, or delegate your rights or obligations under these Terms without prior written consent from Lancaster Puppies. We may freely assign, transfer, or delegate our rights and obligations under these Terms at any time without restriction.
Electronic Signatures - Agree that electronic communications satisfy any legal requirement that such communications be in writing. This does not affect your statutory rights under applicable laws, including the Electronic Signatures in Global and National Commerce Act (E-Sign Act), 15 U.S.C. § 7001 et seq.
Construction and Interpretation - These Terms shall not be construed against Lancaster Puppies merely because we drafted them. You waive any defenses based on the electronic nature of these Terms and the lack of physical signatures by the parties.
Contact
For any questions regarding these terms, please contact us by email [email protected] or by writing to us PMG U.S., LLC, 54510 Township Road 172, Fresno Ohio 43824.