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PRIVACY & USAGE POLICY

Effective Date December 2, 2015

Updated April 20. 2018

PupSize Inc. dba Miso Pup and each of its subsidiary and affiliated companies (collectively referred to herein as “Company”) is deemed to operate this Website (the “Website”) and respect the privacy rights of its online visitors (“you” “your”, “yours”). Company (“Miso Pup”, “we”, “our”, “us”,) recognizes that you care how information about you is used and shared and the importance of protecting the information collected.

We have created this Privacy & Usage Policy to inform you what information we collect on the Website, how we use your information and the choices you have about the way your information is collected and used. Please read this Privacy & Usage Policy carefully. Your use of the Website indicates that you have read and accepted our privacy practices, as outlined in this Privacy & Usage Policy. Please be advised that the practices described in this Privacy & Usage Policy apply to information gathered by us or our subsidiaries, affiliates or agents: (i) through this Website, (ii) where applicable, through our Customer Service Department in connection with this Website, (iii) through information provided by authorized retailers, and (iv) through information provided to us in conjunction with marketing promotions and sweepstakes.

If you have any questions regarding this Privacy & Usage Policy, you should contact our Customer Service Department by email at customerservice@misopup.com.

Please exit this Web Site immediately if you do not accept this Privacy & Usage Policy or are accessing the Web Site in a country or other territory where use of the Web Site is not permitted.

Information We Collect & How We Use It

Miso Pup collects and stores information from visitors to this Web Site, including those who register their information or who use the online store. For example, when you place an order, we collect and store some or all of the following information that you provide: name, billing address, shipping address, email address, telephone number, credit card number and expiration date. This information is used to provide the products and services that you have ordered or requested, to process and ship orders, to send order and shipping confirmations and to provide customer service. This information also may be used for our own marketing and internal business purposes, and to contact you about sales, special offers and new site features, unless you have opted not to receive promotional communications in connection with this Web Site. To serve you better, we may combine information you give us with other information which is publicly available.

We may collect and store certain other information automatically whenever you interact with this Web Site. For example, we may collect your IP address, browser information and reference site domain name every time you visit this Web Site. We also may collect information regarding customer traffic patterns and site usage. This information is used to analyze and improve this Web Site and to provide our customers with a fulfilling shopping experience.

Also, like many web sites, we use “cookies”, which are files stored on your computer’s hard drive by your browser. We use cookies to ascertain which web pages are visited and how often, to make our Web Site more user friendly, and to give you a better experience when you return to the Web Site. For example, cookies allow us to save your password so you do not have to re-enter it every time you visit our Web Site. Most browsers accept cookies automatically but allow you to disable them. We recommend that you leave cookies “turned on” so that we can offer you a better shopping experience on this Web Site. 

By providing your personal information as set forth herein, you are authorizing Miso Pup to store and use your information accordingly. This information includes:

Shopping: We may ask for information such as your name, billing and shipping address, telephone number, email address and payment card information in order to process your purchase, confirm your order and ship the items to you. If you elect to be added to the Miso Pup marketing list, we may use your contact information to communicate with you about our products, services, surveys and promotions.

My Account: You have the opportunity to create a personal shopping account with Miso Pup, which allows you to shop faster and easier. Using a user name and a password of your choice, you may access your account online at any time to add, delete, or change information. In creating this account, you authorize Miso Pup to store your name and email address. Should you elect to do so, you may also include in your “My Account” your telephone number, payment card information, and shipping and billing addresses. If you choose to include such additional information then you are also authorizing Miso Pup to store such information accordingly. Each of these options is for your convenience only. If you ever use a public computer to visit the “My Account” section of our website we strongly encourage you to log out at the conclusion of your session.

Through the “My Account” feature, you may create a Wish List of products you want and share the items on your list by copying and pasting the URL. You may elect to make this Wish List public, so that friends and family can search for you by either name or email address.

When you create an account with Miso Pup, you will be given the option to be added to the Miso Pup marketing list. Whether or not you select this option, your personal information will never be sold to anyone and except as specifically provided herein, your personal information will not be shared.

Email List: You may also sign up on the website to receive promotional emails from Miso Pup. To sign up we may ask for information such as your name, email address, mailing address, telephone number, gender, age, birthday and preferences, including information regarding your pet. Subscriptions to the email list can be cancelled at any time.

Removal from Lists: To be removed from our marketing list, please email us at customerservice@misopup.com. You may also click the unsubscribe button found at the bottom of the emails in order to be removed from emails that we send you. Please allow us at least ten (10) business days from when the request was received to complete the removal, as some of our promotions may already have been in process before you submitted your request.

Customer Care: If you call, email or chat with Miso Pup’s Customer Service, we may ask for information such as your name, email address, mailing address, telephone number and if you choose to make a purchase, your credit card information. We use this information to assist you and to process or review your transaction. When you place an order through Customer Care, you will be asked to provide your credit card information. Miso Pup does not store your credit card information unless you choose to include it in your “My Account” (see above).

Surveys, Sweepstakes & Promotions: On this website, you may be able to participate in surveys, sweepstakes and promotions. If you choose to participate in these promotions, we may request information such as your name, age, email address, mailing address, telephone number, pet ownership information and interests or product preferences. This information is used to enter you into our contests, sweepstakes and other promotions. We may use this information to communicate with you about our products, services and promotions, but only if you have given us your consent to do so.

Email to a Friend: You may be able to share certain content from this website with your friends. In order to do so, we may ask for information such as your name, email address, zip code and telephone number, as well as for your friends’ contact details, in order for Miso Pup to fulfill your request, on your behalf and under your sole responsibility as regards to their consent to receive a message from you via this service.

Children’s Privacy

This Web Site is not intended for or directed to anyone under the age of 13. We do not sell or ship any items ordered through this Web Site directly to anyone who we know to be under the age of 13, nor do we collect any personal information from anyone who we know to be under the age of 13. If you are under the age of 13, you should use this Web Site only with the involvement of a parent or guardian and should not submit any personal information to us.

Does Miso Pup share your information with others?

We do not share with others, or sell or rent to others, any personal information that you provide to us through this Web Site except with your consent or as described in this Privacy & Usage Policy.

We may engage third parties to perform services in connection with the operation of our business. Examples of these services include payment processing and authorization, fraud protection and credit risk reduction, product customization, order fulfillment and shipping, marketing and promotional material distribution, Web Site evaluation, data analysis and, where applicable, data cleansing. We provide personal information to these third parties, but we authorize them to use this information only in connection with the services they perform.

In the unlikely event of a sale of some or all of our business, Miso Pup may disclose your personal information to a purchaser that agrees to abide by the terms and conditions of this Privacy & Usage Policy.

Compliance with Law

You should be aware that we may disclose specific information about you if required to do so by law, governmental request, process or court order or based on our good faith belief that it is necessary to conform or comply with such law, request or court order or to protect the users of our Web Sites or the public. We may provide access to information when legally required to do so, to cooperate with legal proceedings, to protect against misuse or unauthorized use of our website, to limit our legal liability and protect our rights or to protect the rights, property or safety of visitors of this website or the public.

Cookies

We may collect information about your browser, including, where available, your IP address, operating system and browser type, for system administration. This is statistical data about how you browse our website.

We may obtain information about your general Internet usage by using a cookie file which is stored on the hard drive of your device. Cookies contain information that is transferred to your device’s hard drive.

Cookies help us to improve our website and to deliver a better and more customized service. They enable us:

  • To estimate usage numbers and patterns
  • To store information about your preferences, and to allow us to customize our website according to your individual interests.
  • To speed up your searches.
  • To recognize you when you return to our website.

You may refuse to accept cookies by activating the setting on your browser which allows you to refuse the setting of cookies. However, if you select this setting you may be unable to access certain parts of the website or unable to avail yourself of some of our services. Unless you have adjusted your browser setting so that it will refuse cookies, our system may issue cookies when you log on to our website. Additionally, if a browser is set to issue a “do not track” signal, we do not place tracking cookies on this browser.

Links to other sites

While visiting our website, you may link to sites operated by our business partners or other third parties. This does not mean that we endorse these sites. We do not make any representations or warranties about any website you may access through the Miso Pup website. They are independent from us, and we have no control over, or responsibility for, their information or activities.

In addition, our privacy practices may differ from those of these other sites. If you provide personal information at one of those sites, you are subject to the Privacy & Usage Policy of the operator of that site, not the Miso Pup Privacy & Usage Policy. Please make sure you read and understand the other site’s Privacy & Usage Policy and terms of use before providing personal information.

Security

The security of your information is very important to us and we will only collect personally identifiable information to the extent deemed reasonably necessary to serve you in view of our legitimate business purposes as set out above. We use Secure Socket Layer (SSL) encryption technology to protect the security of your online order information.

While we implement these and other security measures on our Web Site, please note that 100% security is not always possible. You play a role in protecting your information as well. Because your password permits access to your personal information, please keep your password secret and do not disclose it to others.

Because we are a global company, the data that we collect from you may be transferred to, and stored at, a destination outside the United States. Data we collect may also be processed by staff operating outside the United States who work for us or for one of our suppliers or service providers. Such staff may be engaged in, among other things, the fulfillment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take reasonable steps to ensure that your data is treated securely and in accordance with this Privacy & Usage Policy.

“SPOOFING” AND “PHISHING”

“Spoofing” or “Phishing” are common Internet scams. These may occur when you receive an email from what appears to be a legitimate source requesting personal information from you. Please be aware that Miso Pup will NEVER send you an email requesting you to verify credit card or bank information. If you ever receive an email that appears to be from us requesting such information from you, DO NOT respond to it, and DO NOT click on any links appearing in the email. Instead, please forward the email to us at customerservice@misopup.com, as we will endeavor to investigate all instances of possible Internet fraud.

Unsubscribe

If you are registered with Miso Pup on our Web Site and would like us to remove you from our marketing and email list, please contact us at 1-844- MISOPUP (1-844-647-6787) or reach us via email at customercare@misopup.com

Notice to California Residents

Under California law, customers of Miso Pup who are California residents, are entitled once a year to request and obtain certain information regarding our disclosure, if any, of personal information to third parties for their direct marketing purposes during the immediately prior calendar year (e.g. requests made in 2010 will receive information about 2009 sharing activities). As set forth in this Privacy & Usage Policy, we comply with this law by offering our visitors the ability to tell us not to share your personally identifiable information with third parties for their direct marketing purposes. To make such a request, you must include this Website as the subject line, and your full name, e-mail address, and postal address in your message. Please send an e-mail to customerservice@misopup.com or write to us at the following address:

Miso Pup
4132 S Rainbow Blvd., Suite 125
Las Vegas, Nevada 89103

Privacy & Usage Policy Updates

We reserve the right, in our sole discretion, to modify, update, add to, discontinue, remove or otherwise change any portion of this Privacy & Usage Policy, in whole or in part, at any time. When we amend this Privacy & Usage Policy, we will revise the “last updated” date located at the top of this Privacy & Usage Policy. For changes to this Privacy & Usage Policy that we consider to be material, we will place a notice on the Website by revising the link on the home page to read substantially as “Updated Privacy & Usage Policy” for a reasonable amount of time which may be up to sixty (60) days. If you provide information to us or access or use the Website in any way after this Privacy & Usage Policy has been changed, you will be deemed to have unconditionally consented and agreed to such changes. The most current version of this Privacy & Usage Policy will be available on the Website and will supersede all previous versions of this Privacy & Usage Policy.

Acknowledgment & Consent

You acknowledge that this Privacy and Usage Policy is part of the Terms of Use and you agree: (1) that using our website signifies your assent to Miso Pup’s Privacy and Usage Policy and related terms of use provided above; (2) that such policy is subject to all applicable laws; and (3) your use is undertaken at your own risk. Miso Pup reserves the right to change this Privacy and Usage Policy at any time, without advance notice. As described above, if we decide to change our Privacy and Usage Policy, we will post those changes on this page so that you are aware of what information we collect, how we use it and under what circumstances we disclose it. In the event of a corporate reorganization or a sale of some or all of our business, your personal information may also be transferred. However, use of your personal information will remain subject to this Privacy and Usage Policy. By giving us your personal information you consent to those transfers occurring.

TERMS OF USE

Effective Date December 2, 2015

Updated April 20, 2018

Welcome to the Miso Pup website (“Site”). Please read the following terms and conditions (the “Terms of Use”) carefully before using this website. By accessing this website, you agree to follow and be bound by these Terms of Use. If you do not agree with these Terms of Use, you may not use the website. We recommend that you keep a printed copy of these Terms of Use for future reference.

These Terms of Use and the information provided herein in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein.

We shall have the right at any time and without prior notice, at our sole discretion, to revise these Terms of Use or to impose new terms and conditions with respect to access to or use of the website. Such revisions and additions shall be effective immediately upon posting the revised or additional terms and conditions. You are responsible for reviewing the Terms of Use periodically for any modification that may affect your rights or obligations. Your use of our Site constitutes your agreement to follow and be bound by the terms as changed and be deemed to be your acceptance of such revisions or additions.  We may change, move or delete portions of, or may add to, our Site from time to time. Please also read our Privacy & Usage Policy which also governs your use of this website.

Site Content

The contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or participate in or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.

Intellectual Property Ownership & Use

Please be aware that as you visit and navigate this website your use of our site is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

For International Website Users: The website is hosted in the United States and is intended for and directed to users in the United States. By using this website you are subjecting yourself to the laws and jurisdiction of the United States.

Trademarks

You may not use any of the Miso Pup trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Miso Pup name and logos, and other graphics, logos, page headers, button icons, scripts, and service names of Miso Pup’s products, services, and programs. Any other trademarks that appear on our website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright

All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by Miso Pup and/or its affiliates and are protected by U.S. and foreign copyright laws. You may electronically copy and/or print “hard copies” from the website solely for personal, non-commercial purposes related to placing an order or shopping on the website. Any other use of any content included on the website, including linking or framing to this website, are strictly prohibited unless you first obtain our prior written consent.

Non-Confidential Information

Except for information necessary to place an order, please do not send to us any confidential or proprietary information through this website. Any information, materials, suggestions, ideas or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas or comments, or unless we first obtain your permission. We shall have no obligation to display any submission, compensate you for submitting content, or respond to any submission. We retain the right, in our sole discretion and without prior notice, to remove, revise or refuse to post any user content for any reason or no reason.

Errors and Inaccuracies

We always try to provide complete, accurate, up-to-date information on our website. Unfortunately, despite those efforts, human or technological errors may occur. This site may contain typographical mistakes, inaccuracies, or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted and whether or not the order has been confirmed and your credit card charged, and to change or update information at any time without prior notice. If your credit card has already been charged and we cancel your order, we will issue the credit to your credit card. Individual bank policies dictate when this amount is credited to your account.

Although we make every effort to display our products and their color as accurately as possible, the displayed colors of the products depend upon the user’s display settings and/or the device of the user. We cannot guarantee that your electronic device will accurately portray the actual colors of the products.

Children’s Privacy

This website is not designed or intended for use by children under 13. We do not knowingly sell or ship any items ordered through this Site directly to anyone who we know to be under the age of 13, nor do we collect any information from anyone who we know to be under the age of 13. If you are under 18, you should use this Site only with involvement of a parent or guardian. Children under 13 may not submit any personally identifiable information to us, and if we discover that we have inadvertently gathered any such information from a child under 13, Company will use commercially reasonable efforts to delete such person & personally identifiable information from its system.

Linked Third Party Sites

You may be able to link (through various methods including hyperlinks, clickable images or words, banners and widgets) from this website to third-party websites, applications and services, and third-party websites may link to the website (“Linked Sites”). Linked Sites are not operated, controlled or maintained by us, and you acknowledge and agree that we have no responsibility for any information, content, advertising, products, services or other materials on any Linked Sites, and that links to Linked Sites do not constitute an endorsement, approval or sponsorship thereof. We disclaim all responsibility for any viruses or malicious code that may appear on any Linked Sites, for the accuracy of any of the information they provide and for any goods or services provided by or purchased from such Linked Sites. If you rely on any Linked Site, you do so at your own risk and assume all resulting responsibilities and consequences.

Shipment of Orders

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on misopup.com. All purchases from misopup.com are made pursuant to the terms and conditions found on the website. Risk of loss and title for items purchased from the website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

Orders

Products listed on the website are not guaranteed to be available, as products may not be in stock, or may be low in stock, when an order is placed, processed or completed.  Prices displayed on the website are quoted in USD and are valid and effective only in the U.S.

Nothing contained on the website shall constitute a binding offer to sell any products displayed herein and all orders are subject to our acceptance. Any time after receipt of your order, we may, in our sole discretion, accept or decline all or part of your order or any future orders. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. You may not purchase our products for resale purposes.

You may order products from the website only if you have reached the age of majority in your jurisdiction. You agree to pay in full the prices for your purchases, plus any applicable taxes. Certain products and services that you may be able to purchase or download through the website may be subject to additional terms and conditions presented to you during such purchase or download.

By making a purchase from the website, you agree that we may share information about you and your transaction with other entities for various purposes, including (without limitation) to process your transaction, to collect on any unpaid debt, to operate our fraud prevention program and to obtain credit card authorization.

Transactions

We reserve the right to request further identification for credit card processing on any order you place with us. We may, in our sole discretion, refuse any order placed with us. These restrictions may include orders placed by or under the same user account, credit card, and/or orders that use the same address information. In the event we make a change to or cancel an order, we will attempt to notify you via email/address/phone number provided when the order was placed.

Promotions & Offers

At its sole discretion, Miso Pup may change the basis of any promotion and/or offer, such as but not limited to coupon discount, gift card discount, code promotion. Miso Pup may terminate the promotion at any time, with or without notice, which may result in loss of the promotion value and the cancellation of all benefits and privileges associated with the promotion. Miso Pup reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the promotion at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Miso Pup, whose decision will be final.

Registration

Using certain features on this website may require creating an account (“Account”) and submitting personal information (including creating a username and password used to access the Account). The website’s information collection and use policies are set forth in the website’s Privacy & Usage Policy, which is incorporated herein by reference. You agree to provide only true, accurate, current and complete information.

You agree to accept responsibility for all activities that occur under your Account, if any, and agree you will not sell, transfer or assign your Account or any rights associated with your Account. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer so that others may not access the password protected portions of the website using your Account. We are not under any obligation to verify the actual identity or authority of any person using your Account. We reserve the right, in our sole discretion and without notice to you, to suspend or terminate your Account or to restrict your access to all or part of the website for any reason.

User Comments, Feedback, Reviews & Other Submissions

All comments, feedback, reviews, suggestions, ideas, and other submissions disclosed, submitted or offered to Miso Pup on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Miso Pup property.

Disclaimer of Liability

We make no representations or warranties of any kind, whether express or implied, with respect to this website, its content, or the information available on or through it; they are provided “as is,” with all faults. Except as otherwise provided under applicable laws, we will not be liable for any damages whatsoever arising out of or related to the use of this website or any other site linked to it. This limitation of liability applies to direct, indirect, consequential, special, punitive or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if we are notified in advance of the potential for any such damages.

We assume no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing of the website, or your downloading or uploading of any materials, data, text, images, video, or audio from or to the website. If you are dissatisfied with the website, your sole remedy is to discontinue using the sites.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Indemnification

You agree to defend, indemnify, and hold harmless us, our subsidiaries, affiliates and vendors, and each of their affiliates and related entities and their respective directors, officers, employees, and agents from and against all claims, losses, damages, liabilities, and costs (including but not limited to reasonable attorneys’ fees and court costs), arising out of, relating to or in connection with your use of the website including, but not limited to, (i) your violation of these Terms of Use, (ii) any allegation that any information on material submitted by you violates any intellectual property rights of any third party, or (iii) any activity related to your Account.

Prohibited Uses

The website may be used only for lawful purposes and is available only for your personal, noncommercial use, which shall be limited to viewing the website, purchasing products, and downloading product information for your personal review.  You are responsible for your own communications, including the transmission, posting, and uploading of information and are responsible for the consequences of such communications to the website. We specifically prohibit any use of the website, and you agree not to use the website, for any of the following:

  • By any person under the age of 18 without the supervision, permission or guidance of a parent or guardian.
  • Posting any information which is incomplete, false, inaccurate or not your own;
  • Engaging in conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any city, state, national or international law or regulation that would fail to comply with accepted Internet protocol;
  • Communicating, transmitting, or posting material that infringes on any other intellectual property, privacy or publicity right of another;
  • Communicating, transmitting, or transferring (by any means) information or software derived from the website to foreign countries or certain foreign nations in violation of any applicable export control laws;
  • Attempting to interfere in any way with the website’s or our networks or network security, or attempting to use the website’s service to gain unauthorized access to any other computer system; and
  • Communicating, transmitting, or posting material that is in violation of applicable laws or regulations.

Security

Violations of system or network security may result in civil or criminal liability. We reserve the right to investigate occurrences and prosecute any user or users who are involved in such violations. You are prohibited from violating or attempting to violate the security of the website, including, without limitation, the following:

  • Accessing data not intended for you or logging on to a server or account, which you are not authorized to access;
  • Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization (or succeeding in such an attempt);
  • Attempting to interfere or interfering with the operation of the website, our provision of services to any other visitors to the website, our hosting provider or our network, including, without limitation, via means of submitting a virus to the website, overloading, “flooding”, “mailbombing” or “crashing” the website; and
  • Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission to the Web Site

Applicable Law

By visiting our website, you agree that the laws of the State of Nevada, without regard to principles of conflict of laws, will govern any dispute of any sort that might arise between you and us or any of our affiliates regarding your visit to and use of our website.

Miscellaneous

Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. The invalidity of any term, condition or provision in these Terms shall not affect the enforceability of those portions of the Terms deemed enforceable by applicable courts of law.  You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of the Terms or your use of the website.  You may not assign the Terms of Use or any of your rights or obligations under the Terms without our express written consent. The Terms of Use inure to the benefit of our successors, assigns and licensees. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

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