Privacy Policy

Thank you for visiting Puptivism.  Puptivism is committed to the privacy of our Users and visitors.  This Privacy Policy (“Policy”) applies to all of the websites and products owned and/or operated by Puptivism, LLC, ("Puptivism" or “Company” or “We” or “Our” or “Us”). 

 

This Policy is part of our overall Terms of Service and applies to how we treat information collected or provided in connection with the users of Puptivism (“You” or “Your” or “User”).  By visiting Puptivism’s website, mobile app or using any of our products or services, you acknowledge that you accept the policies and practices outlined in this Privacy Policy.  

 

Activism just found a whole new breed. At Puptivism we design collars that align with social causes so your pet can help start important conversations & fetch support. We also donate a percentage of sales to charities that align with your collar's cause.  Puptivism’s digital platform services are utilized by, but are not limited to, end consumers, charitable organizations, retail partners, our vendors  and include the purchase of retail goods, the promotion of activism, the promotion of activist events and/or similar activities and the exchange of information between participants (the “Services”).  

 

Types of Data Collected

While using Our Service, we may ask you to provide us with certain personally identifiable information that can be used to contact or identify you (“Personal Data”). Please also be advised that by using this website, we will not be collecting any special categories of data about you (i.e. data about your ethnicity, religion, health etc.).

Personally identifiable information may include, but is not limited to:

 

  • Personal and contact details such as your name, home address, mobile number and e-mail address.

  • Transaction data including information such as details of your purchase i.e. order number, order value, the type of product selected, etc.

  • Financial data including your credit or debit card details. 

  • Product and services that you have purchased from us, or have shown an interest in.

  • Marketing and analysis data that identify your communications preferences, when we have communicated to you in the past, whether you engaged with or clicked on any links within those communications, the channels that you used to visit our website. 

  • Information gathered from 3rd parties such as details about the causes you are interested in or information regarding your pet, to improve the experience that you have on Our website, and to provide you with relevant products at a time when you will be interested in them.

  • Profile data including when and what you purchased from us, your preferences, any feedback from you and survey responses.

  • Technical data such as the device that you use to visit our website, your internet protocol (IP) address, browser type and version, browser plug-in types and versions, operating system and platform.

  • Insights about You and Our customers that is gained from deriving, processing and analyzing the data outlined above.

 

How we collect information about you

Information is collected when you create a Site account, register online, or you use the Services, and when you visit Our pages or the pages of Our partners. Upon registering or placing an order, you may be asked for Personal Data such as your name, birth date, gender, address, ZIP code, email, and/or any other information specific to you or your pet. When you register with Us or use Puptivism Services, you agree to supply this Personal Data to us.

How we use the personal information we collect

The main purpose for collecting personal information is to constantly improve our product offering and Services, and to provide our Users an efficient and enjoyable experience.  We may also access and use your information to compare information for accuracy to verify it with third parties or to comply with applicable laws or legal process.

Information may be used for, but is not limited to:

  • Keep you informed

  • Provide customer support

  • Process transactions 

  • Other commercial purposes

  • Dispute resolution, fee collection

  • Update our Services

Cookies

Puptivism receives and records information from your browser, including your IP address, cookies (small pieces of information stored by your browser), and the page(s) you request. We use cookies to improve the quality of our service.  Puptivism utilizes cookies in its advertising services to help advertisers and publishers serve and manage ads across the web. Use of certain technology designed to prevent cookies or other advertising related technologies (such as ad blocking software) may interfere with the correct operation of the Puptivism’s website and Services.


Monitoring User Activity

We may monitor user activity on our systems in connection with user compliance with our Terms of Use, supporting users, and developing and improving the Sites and Services.  

Location Data

We may use and store information about your location (“Location Data”). We use this data to provide features of our Service, to improve and customize our Service. You can enable or disable location services when you use our Service at any time by way of your device settings.

Managing Your Information

We may communicate with you at various times, via email, push notification, or other commonly used forms of communication. These communications may be promotional in nature. You can choose to opt out of promotional communications at any time simply by changing your preferences, unsubscribing through the applicable Sites and Services, or using an email's unsubscribe function. Opting out will not result in the cessation of administrative messages or customer service responses, unless you delete your Puptivism account. If you have agreed to receive marketing communications through interactions with our partners, you must change your communication preferences with them directly.

If you provide us information to a non-User by sending an invite, you will be asked to provide a name and an email address for the invitee. We will automatically send your friend a copy of the email. Puptivism or our service providers store this information for the sole purpose of sending this one-time email. The recipient may contact us at support@Puptivism.com to request that we remove this information from our database.

Children Under 13

The Services are not intended for use by children under 13 and we never knowingly collect Personal Data from children under 13. If you are a parent or a guardian of a child under the age of 13 and believe they have used our Services, please contact us immediately and we will work to delete the Users account and any such Personal Data.  When, and if, we work with teams and groups with children under 13, the parents/guardians of the children are responsible for entering and managing their children’s information or authorizing others to do so.

Payment Information

We use third party payment card processing companies to process payments in connection with the Services. These third parties have committed to Puptivism to process your payment card information in a secure, PCI compliant manner.  Your payment card information is processed and retained by these third parties and will not be passed on to Puptivism; Puptivism does not store your payment card information. We are not responsible for any breach that results in the unauthorized use of your payment information.  Any cause of action must be initiated against the third party payment processing company. 

How We Share Your Information

Puptivism will not sell, rent or lease your Personal Data to others except as described in this policy. Puptivism shares Personal Data in the following ways:

  • Puptivism employs various third parties to run its Services, as further described below.  These are trusted partners who operate components of the Puptivism software.  Puptivism relies on these third parties to maintain the security and safety of your Personal Data.

  • We may share your Personal Data with third party service providers to:  provide you with the Sites and Services that we offer you; to conduct quality assurance testing; to facilitate creation of accounts; to provide technical support; and/or to provide other services to Puptivism or to you. 

  • Puptivism may engage data providers who may collect certain web log data to enable you to receive customized ads or content through web, mobile or other media channels.

  • Puptivism may work with various third parties to bring you additional goods and services through our Sites and Services.  Such third parties may also collect Personal Data from you if you decide to interact with them.  Information shared with or collected by such third parties is subject to their privacy policy. We do not control the privacy policies of these third parties and we encourage you to review their privacy policies.

  • We may share some or all of your Personal Data in connection with or during negotiation of any merger, financing, acquisition or dissolution transaction or proceeding involving sale, transfer, divestiture, or disclosure of all or a portion of our business or assets.  In the event of an insolvency, bankruptcy, or receivership, Personal Data may also be transferred as a business asset. If another company acquires an interest in our Company, our entire business, or assets, that company will possess the Personal Data collected by us and will assume the rights and obligations regarding your Personal Data as described in this Privacy Policy. We may share some or all of your Personal Data with any of our subsidiaries, joint ventures, or other companies under common control with us (collectively, “Affiliates”), either now or in the future.  You hereby agree that we may share some or all of your Personal Data with these Affiliates.  We will require our Affiliates to comply with this Privacy Policy.

  • Regardless of any choices you make regarding your Personal Data, we may disclose Personal Data (a) in connection with any legal investigation; (b) to comply with relevant laws or to respond to subpoenas, warrants or other legal process served on us; (c) to protect or defend the rights or property of Puptivism or users of the Site and Services; and/or (d) to investigate or assist in preventing any violation or potential violation of the law, this Privacy Policy, or our Terms of Service.      

 

Advertising

We use third parties to help measure our content and advertising effectiveness and to serve ads on Our behalf and on behalf of other third parties.  These ads are in some cases targeted to you based on personal information collected across other websites and are shown on our website and on third party websites. We may share some anonymous information, as well as anonymous, aggregated demographic information.  These third parties may place cookies or web beacons on our websites or access your device identifiers.  These third parties have made a commitment to not include any Personal Data in these Cookies.  Puptivism may share your email address with such third parties, solely in a hashed form that does not, in itself, identify you. To opt-out of these data provider Cookies, please visit http://www.aboutads.info/choices or http://www.networkadvertising.org/choices.

 

Advertisers (including ad serving companies) may assume that people who interact with, view, or click on targeted ads meet the targeting criteria (for example, women ages 25-38 from a particular geographic area with interest in dogs). By interacting with or viewing an ad you are consenting to the possibility that the advertiser will assume that you meet the targeting criteria used to display the ad.  We also access non-Personal Data from third parties to improve the Puptivism Sites and Services.  For example, we access information about your location, determined from your IP address or mobile device location information, to personalize your experience. We may use this information to provide you with activites or other information that pertains to your location. We also access information from third parties that provide analytical data.  Our primary analytical service is Google Analytics.  We use that information to improve the effectiveness of Puptivism and make the service easier to use.  We analyze the data in the aggregate, rolling up the data across many users to better understand how Puptivism is being used at a macro level.  You can access Google’s privacy policy at the following link:  http://www.google.com/intl/en/policies/privacy/.  You can opt out of Google Analytics here: http://tools.google.com/dlpage/gaoptout?hl=en. 

 

We may send you email communications including information that we may think may be of interest to you. You may opt out of receiving these marketing emails by clicking on the unsubscribe link in any marketing email you receive from us.

 

Security and Retention

The security of your information is important to us. We store your Personal Data in Puptivism’s systems and we use reasonable security precautions to protect it. There is no method of electronic transmission that is 100% secure, therefore, we cannot guarantee the security of your Personal Data or other information. If you have any questions or concerns about security, drop us a line at support@Puptivism.com and we will do our best to respond to them. We retain information as long as it is necessary and relevant for our operations. Typically, we retain information submitted for a team or group until it is deleted by the User. In addition, we may retain Personal Data from closed accounts to comply with the law, prevent fraud, collect any fees owed, resolve disputes, troubleshoot problems, assist with any investigation, enforce our Terms of Service and take other actions permitted by law.

Third Party Sites

Our Sites and Services may integrate with or contain links to other websites and services.  This is for your convenience and does not signify our endorsement of such other websites or location or their content. For example, you may be able to place orders through one of our partners. Those third party sites and services have their own privacy statements and terms of conditions that we do not control. We do not review and are not responsible for the privacy practices or other actions of these third parties.

 

This includes any organization we partner with.  Although we carefully select the charitable organizations we donate to, we are not responsible for their messaging or for a change in messaging.  We reserve the right to change our partnerships as we see fit.  If in our sole belief, we feel a third party charitable organization no longer aligns with our beliefs, we will make a change to a different charitable organization, as soon as reasonably possible. A donation made to a charitable organization is not an endorsement of the organizations beliefs or an endorsement of the organization itself. 

Notice to California Residents - Your California Privacy Rights

A California resident who has provided Personal Data to a business with whom he/she has established a business relationship for personal, family, or household purposes (a “California Customer”) may request information about whether the business has disclosed Personal Data to any third parties for the third parties’ direct marketing purposes.  In general, if the business has made such a disclosure of Personal Data, upon receipt of a request by a California Customer, the business is required to provide a list of all third parties to whom personal data was disclosed in the preceding calendar year, as well as a list of the categories of personal data that were disclosed.  California Customers may request further information about our compliance with this law by e-mailing the address specified below in “Questions”.  Please note that we are required to respond to one request per California Customer each year and we are not required to respond to requests made by means other than through this e-mail address. 

 

S.B. 568, titled “Privacy Rights for California Minors in the Digital World” allows California minors a right to delete content that they posted to a website, social media profile, or online service while under the age of 18. To request removal of any such content, please contact us at support@Puptivism.com.

Communications

We may communicate with you via email, SMS text or telephone in order to update you as necessary about your specific order or purchase, for example to confirm your order, ensure that you have ordered the correct product and update you about your shipping information.

Ownership

Puptivism owns the code, databases, and all rights to the Puptivism website, software and App. 

Changes

We may update this Privacy Policy from time to time as our services change and expand. If we update this Privacy Policy, we will post the updated Privacy Policy on Our page. Unless otherwise provided below, the revised terms will take effect when they are posted. Once any changes that we make to this Privacy Policy become effective, your continued use of the Site after such time will signify your acceptance of the new terms. If we are going to use your Personal Data in a manner different from that stated at the time of collection, we will notify you, and you will have a choice as to whether or not we use your Personal Data in this different manner. In addition, if we make any material changes in our privacy practices that affect user information already stored in our database, we will notify Users of the change and solicit Users for their express acceptance of that change.

Questions?

If you have any questions regarding this Privacy Policy, please contact us at: support@Puptivism.com

 

Legal Disclaimer 

Though we make every effort to preserve User privacy, we may need to disclose your Personal Data when required by law, or when we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a court order, or legal process, and you acknowledge and agree that we have the right to do so.

Terms & Conditions

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Store Policies

TERMS AND CONDITIONS OF USE

Welcome to Puptivism. Activism just found a whole new breed. At Puptivism we design collars that align with social causes so your pet can help start important conversations & fetch support. We also donate a percentage of sales to charities that align with your collar's cause.  Puptivism’s digital platform services are utilized by, but are not limited to, end consumers, charitable organizations, retail partners, our vendors and include the purchase of retail goods, the promotion of activism, the promotion of activist events and/or similar activities and the exchange of information between participants (the “Services”).  Our store is hosted by Wix.com. They provide us with the online e-commerce platform that allows us to sell our products and services to You.  Please visit Wix.com for more information and their terms and conditions.

This Terms and Conditions of Service Agreement (the "Terms") is an agreement between you (the “User,” “You,” “Buyer” or “Your”) and Puptivism, LLC (“Puptivism” “We” “Us” or “Our”).  These Terms apply to your use of www.Puptivism.com (the “Website”) and any related Website or applications, and all Services provided by Puptivism. 

Please read these Terms carefully before accessing or using the Services.

BY PLACING AN ORDER, OR BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, ACCEPTED, AND AGREED TO BE BOUND BY THESE TERMS, WITHOUT LIMITATION OR QUALIFICATIONS. THESE TERMS ARE SUBJECT TO MODIFICATION.

We may choose to suspend, limit your access to, or close your Account or our Services if you violate the terms of this Agreement, or any other Agreement you enter in to with Puptivism.

Information Provided by You

Puptivism provides the Services based on information provided by you.  To provide you with the best experience possible, we need the most accurate information from you.  Inaccurate information may result in a delay of Services or in Puptivism’s inability to provide Services to you.  When in doubt, please contact us prior to placing an order. 

Order and Products Availability

Puptivism sells products to you.  The features, content, specifications, products, services, and prices and availability of products and services described or depicted on the Website are subject to change at any time without notice.  The prices advertised on the Website for the products and Services may not include shipping and handling or sales taxes, if applicable, which will be added to your total order price.  Services are always subject to product availability. 

 

Orders are not binding upon Puptivism until the Services are complete. We reserve the right to refuse any order you place with us. We reserve the right to limit the quantities of any products or services that we offer. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to discontinue any product or service at any time. Acceptance of Buyer’s orders shall be communicated to Buyer on the Website, via text message, phone call or via electronic mail at the address provided by the Buyer. Verification of information may be required prior to the acceptance of any order.

 

Order Cancellation or Account Termination

Puptivism reserves the right to cancel your order or refuse Services to You at anytime for any reason.  In the event an order is canceled by Puptivism, no cancellation fee will be charged to You. We may terminate or suspend your right to use the Services at any time without reason, or with reason by providing you with verbal or written notice of such termination to the physical or email address you have provided us. Termination will be effective immediately upon such notice.  If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress. When terminating your account, Puptivism may delete the account and all the information in it. 

 

Payment

Puptivism accepts valid PayPal, Visa, MasterCard, American Express and Discover credit cards. Buyer's credit card will be charged in full when Buyer's order is processed.  The Services will not be provided until full payment is received. Charges will be inclusive of applicable taxes where required by law.

 

We use third-party payment card processing companies to process payments in connection with the Services. These third-parties have committed to Puptivism to process your payment card information in a secure, PCI compliant manner.  Your payment card information is processed and retained by these third-parties and will not be passed on to Puptivism, in addition we do not store your payment card information. We are not responsible for any breach that results in the unauthorized use of your payment information.  Any cause of action must be initiated against the third party payment processing company.  

 

Delivery 

It is Buyer’s responsibility to provide accurate contact information that allows Puptivism to deliver the products and perform the Services at the address and time you specify. Once your order is processed, Puptivism will make every reasonable effort to provide the Services to you within your selected timeframe. We are not responsible or liable for any delay in providing the Services that is caused by an event beyond our reasonable control.  Puptivism utilizes third party couriers to deliver all products to You. You may not pick up products directly from us.

 

Communications

When you use the Website, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. By consenting to being contacted by Puptivism, you understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre-recorded messages sent by or on behalf of Puptivism. 

 

You may opt out of receiving text (SMS) messages from Puptivism at any time by texting the word STOP from the mobile device receiving the messages. You acknowledge that opting out of receiving text (SMS) messages may impact your use of the Services. We may in real time store call data, including the date and time of the call or text (SMS) message, the phone numbers, and the content of the text (SMS) messages. You agree to our use and disclosure of this call data for its legitimate business purposes. Puptivism may send you confirmation and other transactional emails regarding the Services. We may also send you emails about services that we think might interest you ("Promotional Emails"). You can unsubscribe from Promotional Emails at any time by clicking unsubscribe in our email communications or contacting us.

 User Comments, Feedback and Other Submissions

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, photographs or other materials, whether online, on social media, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

 

Prohibited Uses

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Promotions

 

Puptivism may, in its sole discretion, create promotional codes or credits that may be redeemed for credit, or other features or benefits related to the Services, subject to any additional terms that Puptivism establishes on a per promotional code basis ("Promo Codes"). You agree that Promo Codes and credits: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Puptivism; (iii) may be disabled by Puptivism at any time for any reason without liability to Puptivism; (iv) may only be used pursuant to the specific terms that Puptivism establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Puptivism reserves the right to interpret how the Promo Codes or credits will be used, or to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Puptivism determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms. 

 

Intellectual Property Rights

Unless otherwise noted, the Website and all materials, including trademarks, images, illustrations, designs, buttons, icons, logos, photographs, digital downloads and written and other materials that appear as part of the Website (collectively, the "Content") are intellectual property owned, controlled or licensed by Puptivism. Nothing on the Website is to be construed as granting, by implication, estoppel or otherwise, any license or right to the use of intellectual property displayed on the Website without the prior written permission of Puptivism. You are prohibited from reproducing, reverse engineering, transmitting, disassembling, modifying or creating derivative works with respect to the Website or any Content.  Any rights not expressly granted herein are reserved by Puptivism and/or its third-party providers.

 

Puptivism respects the intellectual property of others. In the event that a person or entity has a good faith belief that any materials provided on or in connection with the Services infringe upon that person's or entity's copyright or other intellectual property right (such person or entity, a "Complainant") and sends to Puptivism a properly submitted copyright notice as indicated below, Puptivism will investigate, and if it determines, in its discretion, that the material is infringing, Puptivism will remove the content. All notices claiming an infringement of copyright rights must contain the following: (i) identification of the intellectual property right that is allegedly infringed. (All relevant registration numbers, or a statement concerning the Complainant's ownership of the work, should be included); (ii) a statement specifically identifying the location of the infringing material, with enough detail that Puptivism may locate it; (iii) the complete name and full contact information including an e-mail address of Complainant; (iv) a statement that Complainant has a good faith belief that the use of the allegedly infringing material is not authorized by the owner of the rights, or its agents, or by law; and  (v) a statement that the information contained in the notification is accurate, and under the penalty of perjury, Complainant is authorized to act on behalf of the owner of the copyright or other property rights that are allegedly infringed. Puptivism's contact information for notice of alleged copyright infringement is via email: support@Puptivism.com or via mail: Attn: Legal, Puptivism, 10484 Marty St, Overland Park, KS 66212. Puptivism will respond to properly submitted notices of alleged copyright infringement that comply with applicable law.

Indemnification

 

You hereby agree to indemnify, defend, and hold harmless Puptivism and its employees, contractors, owners and other affiliates from and against any and all claims, losses, expenses, liabilities, damages or demands (including attorneys' fees and costs incurred), in connection with or resulting from, directly or indirectly: (i) your use or inability to use the Puptivism Website, and/or the Services, (ii) your violation of these Terms, (iii) your violation of any applicable law or regulation; (iv) your violation of the rights of another and (v) your information and content that you submit or transmit through to Puptivism. Puptivism reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You will not, in any event, settle any such claim or matter without the prior written consent of Puptivism.

 

Force Majeure

Any delay in the availability of the Service or the performance of Services will not be considered a breach of these Terms if such delay is caused by a fire, earthquake, flood, war, terrorist act, governmental act, failure of common carriers, act of God, or any other event beyond the control of Puptivism or a third-party provider.

 

Title and Risk of Loss

When we provide the Services, the loss of risk on products passes from us to you.  Upon delivery, you are responsible for any loss or damages to products.  We shall not be liable for any claims, damages or injuries caused by your negligence, or the misuse of any of our Services.  Puptivism retains all right, title, and interest in and to the ordered products until the products and/or Services have been delivered.

 

Returns & Refunds

Our products are custom made.  At this time, we are not accepting returns or refunds.  

Limitation of Liability

 

TO THE MAXIMUM EXTENT ALLOWED BY LAW, PUPTIVISM SHALL NOT BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES (INCLUDING LOST OR ANTICIPATED REVENUES OR PROFITS RELATING TO THE SAME), ARISING FROM ANY CLAIM RELATING TO THE WEBSITE, THESE TERMS, PRODUCT(S), SERVICES, OR ORDER(S), WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), OR OTHERWISE. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF PUPTIVISM EXCEED THE AMOUNT BUYER HAS PAID TO PUPTIVISM FOR THE APPLICABLE ORDER OR PRODUCT OUT OF WHICH LIABILITY AROSE. THE PRICES OF PRODUCTS AND SERVICES ADVERTISED ON THE WEBSITE ARE SUBJECT TO CHANGE, AND PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS.

 

Privacy 

For more on what information Puptivism collects and how Puptivism uses such information, please review our Privacy Policy, which can be found at https://www.Puptivism.com/store-policies.

 

Governing Law

These Terms shall be governed by and construed in accordance with the laws of Kansas, without regard to Kansas’s choice of law provisions, applicable to contracts made and to be enforced wholly within such state.

BINDING ARBITRATION

ANY CLAIM OR DISPUTE RELATING IN ANY WAY TO YOUR PURCHASE OF ANY PUPTIVISM PRODUCT OR SERVICE OR THESE TERMS SHALL BE SUBMITTED TO CONFIDENTIAL ARBITRATION, except that either party may seek interim relief from any state or federal court in the party’s state of residence to protect the party’s intellectual property rights. ARBITRATION WOULD REMOVE YOUR RIGHT TO LITIGATE A CLAIM IN COURT OR TO HAVE A JURY TRIAL ON THAT CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. IT IS IMPORTANT THAT YOU READ THIS PROVISION CAREFULLY BEFORE ACCEPTING THESE TERMS. 

The arbitration will be administered by the American Arbitration Association (“AAA”) under its then-current arbitration rules. If any AAA rule conflicts with these Terms, these Terms shall control. You can obtain procedures, rules, and fee information from the AAA at www.adr.org or 1-800-778-7879. Any participatory arbitration hearing that you attend shall take place in Johnson County, Kansas.  Kansas state law will apply during the arbitration. The judgment upon the award rendered by the arbitrator shall be final and binding and may be entered in any court of competent jurisdiction. Unless inconsistent with applicable law, each party shall bear the expense of their respective attorneys’, experts’ and witness fees, regardless of which party prevails in the arbitration.

NO CLASS ACTIONS

TO THE EXTENT ALLOWED BY LAW, BUYER AND PUPTIVISM EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CONSOLIDATED OR CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING. YOU UNDERSTAND THAT BY AGREEING TO THIS CLASS ACTION WAIVER, YOU MAY ONLY BRING CLAIMS AGAINST PUPTIVISM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.

 

Headings; Severability

The headings and captions of these Terms are provided for convenience only and are intended to have no effect in construing or interpreting these Terms. If any term or provision of these Terms is held invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

Charitable Organizations

When We work with a charitable organization, we do so without explicitly endorsing the organization itself.  This includes any organization we partner with.  Although we carefully select the charitable organizations we donate to, we are not responsible for their messaging or for a change in messaging.  We reserve the right to change our partnerships as we see fit.  

If in our sole belief, if we feel a third party charitable organization no longer aligns with our beliefs, we will make a change to a different charitable organization, as soon as reasonably possible. A donation made to a charitable organization is not an endorsement of the organizations beliefs or an endorsement of the organization itself.  

Third Party Sites

Any time you are redirected to a third-party site from our Page, you shall become subject to the Terms & Conditions of the Third-Party’s site.  We are not liable to You for any reason, under any cause of action, for anything that occurs once you have left our Site, even in the event a link to third-party site was provided for on Our page.

Waivers and Amendments

The waiver by either party of any provision of these Terms on any occasion and upon any particular circumstances shall not operate as a waiver of such provision of these Terms on any other occasion or upon any other circumstances. These Terms may be waived or amended only in a writing signed the parties.

Intended Use

The Website is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms. If you are over the age of 18, you acknowledge that you are fully able and competent to comprehend, understand and enter into the terms, conditions, limitations, obligations, representations and warranties contained in these Terms.