Terms of Use

Thank you for visiting yuppup.shop. Yup Pup, Inc. provides this site as a service to its customers. Please review the following basic rules that govern your use of our site. Please note that your use of our site constitutes your agreement to follow and be bound by these terms. If you do not agree to these terms, please do not use this site. Although you may “bookmark” a particular portion of yuppup.shop and thereby bypass this agreement, your use of this site still binds you to the terms. Since Yup Pup, Inc. may revise this agreement at any time, you should visit this page periodically to review the terms of your use. Should you have any questions concerning any of our policies, please contact us.

Legal Information

This website is expressly owned and operated by Yup Pup, Inc. “Yup Pup” as used herein shall refer to Yup Pup, Inc., its agents, employees, subsidiaries, affiliates, and this website. Unless otherwise noted, all design and content featured on yuppup.shop -including navigational buttons and images, artwork, graphics, photography, text, and the like-are copyrights, trademarks, trade dress, and/or intellectual property that are owned, controlled, or licensed by Yup Pup, Inc. This website in its entirety is protected by copyright and applicable trade dress. All worldwide rights, titles, and interests are reserved. The contents of our website and the website as a whole are intended solely for your personal, noncommercial use. Any use of our website and its content for purposes other than personal and noncommercial is prohibited without the prior written permission of Yup Pup, Inc. Do not reproduce, publish, display, modify, sell, or distribute any of the materials from Yup Pup, Inc. You may, however, download or electronically copy and print any of the page contents displayed on the site, but please remember that these are available for your personal, noncommercial use only. Should you choose to download, copy, or forward any site materials via email, no right, title, or interest in those materials will be transferred to you. 

Limitation of Liability

Given the unpredictability of technology and the online environment, Yup Pup does not warrant that the function or operation of this website will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available will be free of viruses or other harmful elements. As a visitor to and user of this website, you must assume full responsibility for any costs associated with the servicing of equipment used in connection with the use of our website. As a visitor to and a user of this website, you, in effect, agree that your access will be subject to the terms and conditions set forth in this legal notice and that access is undertaken at your own risk. Yup Pup shall not be liable for damages of any kind related to your use of or inability to access this website. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

Yup Pup and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us. 

Yup Pup and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.

Further, Yup Pup shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.

Although Yup Pup may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the website, Yup Pup is under no obligation to do so and assumes no responsibility or liability whatsoever arising from the content of any such locations including but not limited to any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger or inaccuracy contained in any information within such locations on the Site.

To the maximum extent permitted by applicable law, you expressly waive all claims against Yup Pup, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.

Prohibited Activities

You are prohibited from doing any act that Yup Pup in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:

• Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual’s consent) or any other of the legal rights of individuals 

• Using this website to defame or libel Yup Pup, its employees or other individuals or acting in such a way that brings into disrepute the good name of Yup Pup;

• Uploading files that contain viruses that may cause damage to the property of Yup Pup or the property of other individuals; and

Posting or transmitting to this website any non-authorized material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Yup Pup’s or any third party´s systems or network security, libelous, defamatory, racist, obscene, threatening, pornographic, profane or is otherwise unlawful.

Inaccuracies

We endeavor to present the most recent, most accurate, and most reliable information on our website at all times. However, there may be occasions when some of the information featured on yuppup.shop may contain incomplete data, typographical errors, or inaccuracies. Any errors are wholly unintentional and we apologize if erroneous information is reflected in merchandise price, item availability, or in any way affects your individual order. Please be aware that we present our content “as is” and make no claims to its accuracy, either expressed or implied. We reserve the right to amend errors or to update product information at any time without prior notice. In the event a Yup Pup, Inc. product is listed at an incorrect price due to photographical error, typographical error or error in pricing information from our suppliers, Yup Pup, Inc. shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. Yup Pup, Inc. shall have the right to refuse or cancel any such orders whether or not the order has been confirmed.

Pet Health, Fitness and Nutrition

This Site may from time to time contain information relating to nutrition and various medical, health or fitness conditions of pets and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problem or disease. You should always consult your own veterinarian and/or veterinary advisors.

Availability

Our featured items are may be offered in limited quantities and, because of their limited availability, stock may not be refreshed. That means once an item is gone, it may be gone for good. When an item featured on yuppup.shop is no longer in stock, we make every attempt to remove that item from the website in a timely manner. Should you have any questions concerning the availability of a particular item, please contact us.

Product Information

Yup Pup, Inc. products displayed on the website are quoted in U.S. Dollars and are valid and effective only in the United States [and Canada?]. 

Colors

We have made every effort to display as accurately as possible the colors of our products that appear on the website. However, due to monitor discrepancies, we cannot guarantee that your display of color will be accurate.

Links to Other Websites

Links on Yup Pup websites may take you outside the Yup Pup network and systems and Yup Pup accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and Yup Pup cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by Yup Pup. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

Warranties and Disclaimers  

Your use of this website is at your own and exclusive risk.

Warranties:

THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, YUP PUP MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM YUP PUP THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.

Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.

We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.

Indemnification

You agree to indemnify, defend, and hold harmless Yup Pup, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.

Correspondence

Although we will make every effort to respond quickly to applicable email messages, yuppup.shop is under no obligation to respond to all pieces of correspondence received through this site, or to maintain your submitted comments in confidence, or to pay compensation of any kind for your comments or submissions. While we welcome your comments and feedback regarding yuppup.shop, our merchandise and our services, we do not wish to receive any confidential or proprietary ideas, suggestions, materials, or information via this website or any email connection. Please note that all of your comments, feedback, ideas, suggestions, and other submissions that are disclosed or submitted to our company through yuppup.shop shall become and remain the property of Yup Pup, Inc. Any such disclosure or submission by you is a declaration of the full release of all proprietary claims and/or intellectual rights regarding your submission. However, we will not use your name in connection with any such materials, information, suggestions, ideas or comments unless we first obtain your permission or otherwise are required by law to do so.

#FBF, Yuppup-tagged Social Media

You may post or upload content you have created, including without limitation, photographs, your social media handle, videos, and comments (collectively, “Submissions”) to your social media accounts. By posting and uploading Submissions that you have tagged with #yuppup or #FBF or other Yup Pup, Inc. brand hashtags, you, at minimum, grant to Yup Pup, Inc. and its third-party service providers who provide content management services (collectively, the “Licensed Parties”) the perpetual, irrevocable, royalty-free, fully-paid, non-exclusive, transferable right to use your Yup Pup-tagged Submissions in any manner to be determined in Yup Pup’s sole discretion, including but not limited to on its webpages, social media pages operated by Yup Pup, Inc., and in its other marketing, promotional and advertising initiatives, in any media now or hereafter known.

Any non-personal communication or material you submit to this website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like, are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Yup Pup and Yup Pup may use and reproduce such Submission freely, and for any purpose. Specifically, Yup Pup is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any Submission you send to this website. Any such use is without compensation to the party submitting information. By making a Submission, you are also warranting that you own the material/content submitted, that it is not defamatory and that Yup Pup’s use will not violate any third party’s rights or otherwise place us in breach of any applicable laws. Yup Pup is under no obligation to use the information submitted.

Yup Pup may use, display, reproduce, distribute, transmit, create derivative works from, combine with other materials, alter and/or edit your Submissions in any manner in its sole discretion, with no obligation to you whatsoever. You grant the Licensed Parties the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your Submissions. You hereby represent and warrant that (i) you own all rights in and to your Submissions, (ii) you have permission from all person(s) appearing in your User Submissions to grant the rights granted herein; (iii) you are not a minor, and (iv) the Licensed Parties’ use of your Submissions as described herein will not violate the rights of any third party or any law. You hereby release, discharge and agree to hold Yup Pup, Inc., the Licensed Parties, and any person acting on Yup Pup’s or their behalf harmless from any liability related in any way to the Licensed Parties’ use of your User Submissions.

 

 Mobile Message Services Terms and Conditions
      
The Yup Pup Alerts service (the “Service”) is operated by Yup Pup (“Yup Pup”, “we”, or “us”).  Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. We may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.
 
We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and Data Rates May Apply.
 
Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted-in, the Service provides updates, alerts, information, promotions, specials, and other marketing offers from Yup Pup via text messages through your wireless provider to the mobile number you provided. Message frequency is recurring.  Text the single keyword command STOP to +1 833-750-3887 to cancel at any time. You’ll receive a one-time opt-out confirmation text message. If you have subscribed to other Yup Pup mobile message programs and wish to cancel, you will need to opt-out separately from those programs by following the instructions provided in their respective mobile terms.  For Service support or assistance, text HELP to +1 833-750-3887 or email hello@yuppup.co.
 
We may change any short code or telephone number we use to operate the Service at any time.  You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.
 
The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you change your mobile phone number, you agree to opt out of the Service prior to changing your mobile number.
 
You agree to indemnify, defend, and hold us harmless from any third party claims, liability, damages or costs arising from your use of the Service or from you providing us with a phone number that is not your own.
 
You agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.
    
    

Yup Pup Arbitration Agreement

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Yup Pup, Inc. (together, “Yup Pup”) agree that any controversy, claim, action, or dispute in any way related to your use of any Yup Pup website, any purchase from Yup Pup, or to any products or services sold or distributed by Yup Pup (“Dispute”) will be resolved by this dispute resolution procedure and arbitration agreement (“Arbitration Agreement”).

Scope of Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. Accordingly, you and Yup Pup agree to give up the right to go to court to assert or defend rights under this Arbitration Agreement and with respect to any Dispute (except small claims, as described below). You and Yup Pup expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this Arbitration Agreement.

How Arbitration Works.

Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s applicable rules. 

Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Yup Pup agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Yup Pup hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with the Federal Arbitration Act and, where applicable, the law of the State of Delaware. The terms of the Arbitration Agreement provisions shall survive after your relationship with Yup Pup and/or use of our websites or other services and products ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.