Terms of Use
Last Updated: July 27, 2026
Terms of Use
Last Updated: July 27, 2026
This site is operated by Marble Mountain Kennels Marble Mountain Kennels, LLC. By using www.mmkpuppies.ca, www.mmkennels.com, or any related pages, forms, or services (collectively, the "Site"), submitting a puppy preference or reservation form, or placing a deposit, you ("you" or "User") indicate your acceptance to be bound by these Terms of Use. We may revise these Terms of Use at any time by updating this posting, so please check back periodically — continued use of the Site means you accept the current version.
[If you intend to include an arbitration clause, keep the notice below and Section 16; otherwise remove both. See the note at the end of this document.]
NOTICE OF ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: THESE TERMS OF USE INCLUDE A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER, SET FORTH IN SECTION 16 BELOW, WHICH AFFECT YOUR RIGHTS ABOUT RESOLVING ANY DISPUTE WITH MMK. PLEASE READ IT CAREFULLY.
1. Eligibility
You must be 18 years of age or older to use the Site or submit any form on the Site. By using the Site, you represent and warrant that you are 18 or older, that you have the right and authority to agree to these Terms of Use, and that you will use the Site in compliance with applicable law.
2. Use of Site Content
MMK grants you a limited license to view and access the content on the Site (including text, photographs, videos, logos, and graphics — "Site Content") solely for your personal, non-commercial use in evaluating a puppy from MMK. All Site Content is the property of MMK or its licensors and is protected by U.S. copyright, trademark, and other applicable laws. You may not copy, reproduce, modify, distribute, publicly display, or use any Site Content for any commercial purpose, including reposting our puppy photos or descriptions on another breeder's or marketplace's site, without our prior written permission.
3. Content You Provide
If you submit photographs, testimonials, comments, or other content to us (for example, updates and pictures of your puppy after adoption), you represent that you own that content or have the right to share it with us. By submitting it, you grant MMK a non-exclusive, royalty-free, worldwide license to use, reproduce, and display that content on the Site and our social media accounts for promotional purposes, unless you tell us otherwise in writing. You may ask us to stop using your content or remove it by contacting us at the information in Section 17, and we will do so within a reasonable time.
4. Site Restrictions
You agree not to use the Site to:
Violate any applicable law or regulation;
Infringe the intellectual property, privacy, or other rights of MMK or any third party;
Post or transmit anything defamatory, obscene, threatening, abusive, or otherwise unlawful;
Attempt to access data, accounts, or systems you are not authorized to access;
Probe, scan, or test the vulnerability of the Site or attempt to breach its security;
Interfere with the Site's operation, including through viruses, overloading, or spamming; or
Use bots, scrapers, or similar automated tools to access or copy the Site.
Violations may be reported to law enforcement and may result in civil or criminal liability.
5. Applications, Reservations, and Deposits
Submitting a puppy preference form does not reserve a puppy or obligate MMK to place a puppy with you. Matches are made at MMK's discretion based on temperament, timing, home fit, and other factors we consider relevant.
A reservation is only confirmed once we've accepted your application and received a deposit in the amount stated on the Site at the time of reservation. Deposits are non-refundable except as otherwise stated in writing by MMK.
Prices, litter availability, and go-home dates listed on the Site are estimates and subject to change without notice (for example, due to litter size, health, or timing).
You agree to provide accurate, current, and complete information in any form you submit to us. We may decline or cancel a reservation if we believe the information provided is false or misleading, or if we determine in good faith that our home is not a good match for the puppy.
6. Health Guarantee and Puppy Sales
Any health guarantee, registration terms, or other conditions of sale will be set out in a separate written puppy purchase agreement provided to you before or at the time you take your puppy home. That agreement, not these Terms of Use, governs the specific terms of your puppy's sale, including health guarantees, registration, and any spay/neuter requirements. In the event of a conflict between these Terms of Use and a signed puppy purchase agreement, the purchase agreement controls as to the sale of the puppy.
7. Payments
If you make a payment through the Site or through a third-party payment processor we use, you authorize us (or our processor) to charge the payment method you provide. We are not responsible for errors made by third-party payment processors, though we will work with you in good faith to resolve any payment issue.
8. Communications and SMS/Text Messages
By providing your phone number, you consent to receive calls and text messages from MMK related to your application, reservation, and puppy, which may include appointment reminders, updates, and — if you separately opt in — promotional messages. Message and data rates may apply. You may opt out of text messages at any time by replying STOP, or by contacting us directly. Message frequency varies. For help, reply HELP or contact us using the information in Section 17.
9. Third-Party Services
The Site may reference or link to third-party services we work with (such as payment processors, the American Kennel Club, veterinarians, or USDA-licensed flight nannies for transportation). We do not control and are not responsible for the practices, availability, or performance of these third parties. Any transaction or arrangement you make with a third party is solely between you and that party.
10. Disclaimer of Warranties
THE SITE AND SITE CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DISCLAIMER DOES NOT LIMIT ANY WRITTEN HEALTH GUARANTEE PROVIDED SEPARATELY IN CONNECTION WITH THE SALE OF A PUPPY.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, MMK AND ITS OWNERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING FROM THESE TERMS OR THE SITE WILL NOT EXCEED THE AMOUNT YOU PAID TO MMK IN THE TRANSACTION GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS, SO THEY MAY NOT APPLY TO YOU. NOTHING IN THIS SECTION IS INTENDED TO LIMIT ANY WRITTEN HEALTH GUARANTEE PROVIDED AS PART OF A PUPPY PURCHASE AGREEMENT.
12. Indemnification
You agree to defend, indemnify, and hold harmless MMK and its owners, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising from your breach of these Terms of Use, your misuse of the Site, or content you submit to the Site.
13. Links to Other Sites
The Site may contain links to third-party websites for your convenience. We do not endorse and are not responsible for the content or practices of any linked third-party site. Access such sites at your own risk.
14. Intellectual Property Complaints
If you believe content on the Site infringes your copyright or other intellectual property rights, please send a written notice to the contact listed in Section 17 that includes: (a) a description of the work you claim is infringed; (b) the location of the allegedly infringing material on the Site; (c) your contact information; (d) a statement that you have a good-faith belief the use is unauthorized; and (e) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act on behalf of the rights owner.
15. Governing Law
These Terms of Use are governed by the laws of the State of [insert state, e.g., California], without regard to conflict-of-laws principles, unless otherwise required by applicable consumer protection law in your jurisdiction.
16. Dispute Resolution [optional — see note below]
[If you want an arbitration clause like PuppySpot's, a licensed attorney should draft this section specifically for your state and business — arbitration and class-action-waiver clauses are heavily regulated, vary a lot by state, and a copied clause can be unenforceable or even backfire. A simpler starting placeholder:]
Before filing any claim against MMK, you agree to first contact us at the information in Section 17 so we can attempt to resolve the dispute informally. If a dispute cannot be resolved informally, it may be brought in the state or federal courts located in [insert county/state], and you consent to the jurisdiction of those courts.
17. Contact Us
Marble Mountain Kennels 1521 South Phillipe Lane Montague, CA 96064 Phone: (530) 598-0943 Email: marblemountainkennels@gmail.com
18. General
If any provision of these Terms of Use is found invalid or unenforceable, the remaining provisions will remain in full force and effect. Our failure to enforce any provision is not a waiver of that provision. These Terms of Use, together with any signed puppy purchase agreement, constitute the entire agreement between you and MMK regarding your use of the Site.
19. Changes to These Terms
We may update these Terms of Use at any time by posting the revised version on this page with a new "Last Updated" date. Your continued use of the Site after changes are posted constitutes your acceptance of the revised Terms.