Terms & Conditions

By clicking and entering or otherwise using our website (the "Site"), you agree to and accept these terms and conditions.

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THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER ANIMAL AND PRODUCTS SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT ("AGREEMENT") WITH SIMPLY BLESSED DOODLES LLC. AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF USE ARE POSTED ("SIMPLY BLESSED DOODLES"). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OF ANY ANIMAL OR PRODUCTS OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.

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ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION AGREEMENT A LITTLE LATER ON THAT AFFECTS YOUR RIGHTS. YOU AND SIMPLY BLEESED DOODLES AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING INDIVIDUAL ARBITRATION, AND YOU AND SIMPLY BLEESED DOODLES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION AND THE RIGHT TO A JURY TRIAL. IN ARBITRATION, THERE IS LESS DISCOVERY AND APPELLATE REVIEW THAN IN COURT. PLEASE REVIEW THESE TERMS CAREFULLY.

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Privacy Policy

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Please review our Privacy Policy, which also governs your use of our Site and is incorporated here by reference, to understand our practices.

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Electronic Communications

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When you use our Site, or send e-mails, and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you consent to receive reply communications from us electronically in the same format and you can retain copies of these communications for your records. 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.

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Contract Acceptance

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Prices and availability of animals and products on the Site are subject to change without notice. Errors will be corrected when discovered and Simply Blessed Doodles reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after a Contract has been submitted).

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The products on our site are intended for individual, family use. Any improper use of our site, including exploiting engaging in other manipulative purchasing behaviors, is prohibited. Simply Blessed Doodles reserves the right to determine, at our sole discretion, whether any other ordering activity constitutes improper use of the Site. Simply Blessed Doodles may refuse or cancel any Contract and restrict or terminate Your contract for any reason, at our sole discretion.

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Risk of Loss

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All items purchased by Simply Blessed Doodles.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

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Permissible Uses of Site

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Subject to the terms of this Agreement, Simply Blessed Doodles grants you a limited, non-transferable, non-exclusive license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. Simply Blessed Doodles may terminate this license at any time for any reason.

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The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products, or its content without the express written consent of Simply Blessed Doodles; (c) you shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy, or collect content or account information for the benefit of another merchant; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means without Simply Blessed Doodles express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Simply Blessed Doodles express written consent.

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UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF, OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

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Acceptable Use Policy

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You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

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In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user's use and enjoyment of the Site.

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We reserve the right (but have no obligation under this Agreement) to review any Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your Content, and/or reporting you to law enforcement authorities.

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Third Party Sites and Other Users

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The Site may contain links to, or advertisements for, third party web sites (collectively, "Third Party Sites") (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of Simply Blessed Doodles and is not responsible for any Third-Party Sites. Simply Blessed Doodles provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider's terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel is necessary or appropriate before proceeding with any transaction with any Third-Party Site.

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Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such users. You agree that Simply Blessed Doodles will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

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You hereby release us, our officers, employees, agents from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.

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Limitation on Liability

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IN NO EVENT SHALL Simply Blessed Doodles, OUR OFFICERS, EMPLOYEES, AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH Simply Blessed Doodles, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD-PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH Simply Blessed Doodles OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID Simply Blessed Doodles IN THE PRIOR 12 MONTHS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OR IT IS OTHERWISE WAIVED AND TIME-BARRED.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

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Indemnity

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You agree to indemnify and hold Simply Blessed Doodles, our officers, employees, agents with us harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. Simply Blessed Doodles reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Simply Blessed Doodles. Simply Blessed Doodles will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

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Dispute Resolution and Arbitration Agreement

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The parties acknowledge that any statutory or common law claims related to intellectual property may require forms of equitable relief that are best administered by courts; accordingly, the parties agree that except for statutory or common law claims related to intellectual property and disputes that qualify for small claims court (as set forth below), any controversy or claim arising out of or relating to this Agreement or any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory (“Dispute”), will be resolved in binding individual arbitration if it cannot be resolved informally consistent with the mandatory procedures set forth below. Dispute shall have the broadest possible meaning and include claims that arose before this or any prior Agreement and claims that might arise after the termination of this Agreement. This Dispute Resolution and Arbitration Agreement shall be governed by the Federal Arbitration Act (“FAA”).

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A party shall retain the right to have a Dispute heard in small claims court (at any time prior to the appointment of an arbitrator) assuming the claim(s) falls within the jurisdictional limits of small claims court, and the matter remains in that court and is not removed or appealed to a court of general jurisdiction. This Dispute Resolution and Arbitration Agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

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Mandatory Informal Dispute Resolution Process

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Should a Dispute arise between us that cannot be resolved by customer service, Simply Blessed Doodles is committed to seeking to resolve it with you informally. You and we agree to engage in good faith for a 60-day period before either party may initiate any formal proceeding with the goal of resolving any Dispute. You or we agree to commence this informal dispute resolution process by sending the other party a written description of the Dispute including the nature and basis of the claim(s) and the nature and basis of the relief sought, including a calculation for that requested relief. In addition, if applicable, you and we agree to provide information sufficient to identify any relevant transaction(s). This information shall collectively be set forth in a written notice that is personally signed by you or us (“Notice”). Should you submit a Notice, you shall send it to Simply Blessed Doodles LLC, PO Box 622, Cassville, GA 30123 or via e-mail to info@simplyblesseddoodles.com.

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 Arbitration Process.

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You and Simply Blessed Doodles agree that this Arbitration Agreement is subject to and governed by the Federal Arbitration Act. Arbitration shall be conducted by the American Arbitration Association ("AAA") pursuant to its Commercial Arbitration Rules and Consumer Related Disputes Supplemental Procedures. Those rules are available at www.adr.org. or by calling the AAA at 1-800-778-7879. A single arbitrator will decide our Disputes. To initiate arbitration, you must file a demand for arbitration with the AAA, following the AAA's rules and procedures as set forth at www.adr.org. Arbitration shall be held in the state in which you reside at the time you initiate the arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

 

Cost and Attorney’s Fees in Arbitration

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 If you file an arbitration claim against Simply Blessed Doodles hereunder, Simply Blessed Doodles agrees to pay the AAA initial filing fee on your behalf for claims totaling less than $1,000, unless the arbitrator determines that the claims are frivolous. Except for such an initial filing fee, you and we agree that we will each be responsible for our own costs and attorneys' fees in arbitration. The arbitrator's fees will be divided between us as set forth in the AAA's Consumer Related Disputes Supplemental Procedures. If you are the prevailing party in the arbitration, Simply Blessed Doodles agrees to pay you for any arbitrator fees you paid in the arbitration or to pay the arbitrator for any fees owed by you. If you prevail in the arbitration and are entitled to recover your attorneys' fees or costs under an applicable statute or common law doctrine, then the arbitrator has the authority to award you such fees and costs but is not required to do so.

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General

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We reserve the right to make changes to our Site, this Agreement and other service terms, such as our Privacy Policy at any time. By using the Simply Blessed Doodles Services, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the State of Georgia, U.S.A. without regard to its conflict of law provisions, will govern these Terms of Service and any dispute that might arise between you and Simply Blessed Doodles. Except with respect to Disputes to be resolved through an arbitration process in accordance with the Arbitration Agreement contained above, you and Simply Blessed Doodles hereby consent and submit to the exclusive jurisdiction of the courts located in Bartow, Georgia to resolve any Dispute arising out of the Agreement. YOU HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD-PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. YOU AGREE THAT ANY CAUSE OF ACTION YOU MAY HAVE ARISING OUT OF OR RELATED TO THIS AGREEMENT, OR THE SIMPLY BLESSED DOODLES SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CAUSE OF ACTION ACCRUES. AFTER SUCH PERIOD, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. You agree that you are not entering into a joint venture, partnership, employment, or agency relationship with us as a result of these Terms of Service or use of the Simply Blessed Doodles Services. Our performance of these Terms of Service is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Simply Blessed Doodles Services or information provided to or gathered by us with respect to such use. No failure or delay on our part to exercise or enforce any right or provision under these Terms of Service will operate as a waiver of such provision or any rights, nor will any single or partial exercise of any right preclude any other or further exercise of any other right. If any part of these Terms of Service is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision shall be deleted, and the remainder of the Terms of Service shall be in full force and effect. The Section titles in these Terms of Service are for convenience only and have no legal or contractual effect. These Terms of Service operate to the fullest extent permissible by law. These Terms of Service and our Privacy Policy constitute the entire agreement between the user and us with respect to the Simply6 Blessed Doodles Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and us with respect to the Simply Blessed Doodles Services. This Agreement shall not be assignable by you, either in whole or in part. Simply Blessed Doodles reserves the right to assign its rights and obligations under this Agreement. It is the express wish of the parties that this agreement and all related documents be drawn up in English.

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Contact Us

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If you have questions about our Terms of Use or Privacy Policy, contact us via email or phone at 470-783-0202

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Mail

Simply Blessed Doodles LLC

PO Box 622

Cassville, GA 30123