PETLISTING TERMS OF SERVICE
Last updated: February 1st, 2023
1. Acceptance of Terms; Platform Modifications
These Terms of Service (the “Terms”) constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and The PetListing Company, LLC, doing business as PetListing (“PetListing“, “we”, “us”, or “our”), concerning your access to and use of the https://www.petlistingco.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Service. These Terms of Service govern your use of the PetListing website in its entirety, including but not limited to, how Pet Owners (“Pet Owners”) and Pet Service Providers (“Pet Service Providers”) find each other, interact with each other, communicate with each other, and arrange all Pet Care Services (“Pet Care Services”) with each other. These Terms of Service govern your use of the PetListing website in its entirety, regardless of whether you access the website from a computer or mobile device, our 24/7 online chat support, or any additional wireless access point that transmits and receives data. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF SERVICE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms by your continued use of the Site after the date such revised Terms are posted. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
2. The PetListing Service
2.1 Nature of the PetListing Platform
The PetListing Platform (“Platform”) is fully comprised of a desktop website application, accessible on both a computer and mobile device. The PetListing Platform can be used by both Pet Owners and Pet Service Providers for finding pet-related services, booking those services, and communicating with one another. The PetListing Platform provides 24/7 online chat support, where both Pet Owners and Pet Service Providers can inquire about all aspects of the PetListing website, in addition to pet educational materials, pet health materials, and help during an emergency.
2.2 PetListing DOES NOT provide Pet Services
PetListing is not, in any way, a Pet Service Provider. PetListing acts as a neutral setting, or venue, for Pet Owners and Pet Service Providers to connect. We do not provide Pet Care Services, except for our 24/7 online chat support and support described in Section 2.1 of this Terms of Service. We make no presentations, portrayals, or characterizations about the quality of Pet Care Services provided by Pet Service Providers. This includes, but is not limited to, dog walking, pet boarding, pet grooming, pet sitting, or other services provided by Pet Service Providers. We make no representations about the quality of your interactions and dealings with Pet Owners and Pet Service Providers. Pet Service Providers who list their services on our Platform are not controlled or directed by PetListing. All Pet Service Providers fully determine, with their own discretion, how to provide Pet Care Services. Prior to profiles, or pet listings, being actively available and displayed on our Site, an initial evaluation and assessment of Pet Service Providers is thoroughly conducted. Except where explicitly specified on the PetListing Platform, and to only that specified extent, Pet Owners and Pet Care Providers are not otherwise assessed, screened, or evaluated.
PETLISTING DOES NOT ENDORSE OR EMPLOY PET OWNERS OR PET SERVICE PROVIDERS. TO THE MAXIMUM EXTENT APPLICABLE AND PERMITTED BY LAW, PETLISTING WILL NOT BE HELD LIABLE FOR THE CONDUCT AND PERFORMANCE PROVIDED BY PET OWNERS AND PET SERVICE PROVIDERS.
2.3 Pet Bookings and Transactions
Transactions take place on the PetListing Platform when both Pet Owners and Pet Service Providers (1) communicate via the private messaging system; (2) both agree to a specified time period of when the pet booking will take place; (3) discuss proper amenities and supplies for the service; (4) and are made aware of any cancellation policy in place, which is set forth by the Pet Service Provider. PET SERVICE PROVIDERS SET FORTH THEIR OWN CANCELLATION AND RESERVATION POLICY. PET OWNERS ARE SOLELY RESPONSIBLE FOR PAYING ALL CANCELLATION AND SERVICE FEES ONCE A PET BOOKING HAS BEEN INITIATED. YOU FULLY ACKNOWLEDGE AND HONOR THE PRICES AND TERMS OF SAID PET BOOKING ONE A PET BOOKING HAS BEEN CONFIRMED.
2.4 Pet Owners are Entirely Responsible for Assessing Pet Service Providers
All Pet Owners are solely responsible for fully evaluating the full capacity and quality of their Pet Service Provider of choice. Please contact us via our online 24/7 available chat about making informed decisions regarding choosing a Pet Service Provider. PetListing makes no adherence that Pet Service Provider reviews are completely accurate, legitimate, or true. In no event, whether based on contract, warranty (express or implied), tort, federal or state statute or otherwise arising from or relating to the work and services performed described under these Terms of Service, shall PetListing be liable for special, consequential, punitive, or indirect damages. Pet Owners and Pet Care Providers agree to allocate certain of the risks so that, to the fullest extent permitted by law, PetListing’s total liability to the Pet Owner is limited to the dollar amount of the Agreement for any and all injuries, damages, claims, expenses or claim expenses including attorneys’ fees arising out of or relating to this Agreement regardless of whether it is based in warranty, tort, contract, strict liability, negligence, errors, omissions, or from any other cause or causes.
It is strongly recommended that Pet Owners provide their Pet Service Provider with emergency contact information in the rare case that an accident occurs during a booked service and immediate medical attention is necessary. If such a case arises, and you are a Pet Owner, you hereby authorize your Pet Service Provider and PetListing to obtain and authorize the necessary provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. Pet Owners are solely responsible for any costs that may arise of any such emergency medical treatment for their pet. Through the sole discretion of The PetListing Company, LLC, under certain circumstances, a Pet Owner may be eligible for reimbursement of costs to cover veterinary treatment. AS A CONDITION FOR UTILIZING THE PETLISTING PLATFORM, ALL PET SERVICE PROVIDERS MUST HAVE THEIR OWN PET INSURANCE.
2.6 Waiver and Release of Liability
I AM VOLUNTARILY PARTICIPATING IN THE AFOREMENTIONED ACTIVITY AND I AM PARTICIPATING IN THE ACTIVITY ENTIRELY AT MY OWN RISK. I AM AWARE OF THE RISKS ASSOCIATED WITH PET-RELATED SERVICES, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, PHYSICAL OR PSYCHOLOGICAL INJURY, PAIN, SUFFERING, ILLNESS, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY (INCLUDING PARALYSIS), FINANCIAL OR EMOTIONAL LOSS, AND DEATH OF AN ANIMAL. I UNDERSTAND THAT THESE INJURIES OR OUTCOMES MAY ARISE FROM MY OWN OR OTHERS’ NEGLIGENCE, OR THE CONDITION OF THE ACTIVITY LOCATION(S). NONETHELESS, I ASSUME ALL RELATED RISKS, BOTH KNOWN OR UNKNOWN TO ME, OF MY PARTICIPATION IN THIS ACTIVITY, INCLUDING TRAVEL TO, FROM AND DURING THIS ACTIVITY. YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
I ACKNOWLEDGE THAT I HAVE CAREFULLY READ THIS “WAIVER AND RELEASE OF LIABILITY” AND FULLY UNDERSTAND THAT IT IS A RELEASE OF LIABILITY. I EXPRESSLY AGREE TO RELEASE AND DISCHARGE PETLISTING AND ALL OF ITS AFFILIATES, MANAGERS, MEMBERS, AGENTS, ATTORNEYS, STAFF, VOLUNTEERS, AND REPRESENTATIVES, FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND I AGREE TO VOLUNTARILY GIVE UP OR WAIVE ANY RIGHT THAT I OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST PETLISTING FOR PERSONAL INJURY, INJURY TO A PET, OR PROPERTY DAMAGE.
3. Service Fees and Payments
3.1 United States Currency
All fees and payments charged via the PetListing Platform are payable in United States currency.
3.2 Charges and Authorization
When paying for Pet Care Services, or additional services through the PetListing Platform, you are legally required to input and provide us with a valid credit card containing up-to-date information and to maintain said payment while using the PetListing Platform. Our role is to facilitate payments from Pet Owners to Pet Service Providers. You authorize PetListing to charge your credit card for payments and fees that occur on the PetListing Platform as they are due. YOU UNDERSTAND THAT PETLISTING OR YOUR PET SERVICE PROVIDER WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO PROVIDE SERVICES ASSOCIATED WITH UNPAID FEES. EXCEPT AS EXPRESSED WITHIN THESE TERMS, ALL FEES PAID THROUGH THE PETLISTING PLATFORM ARE NON-REFUNDABLE ONCE PAID.
3.3 Service Fees
PetListing charges service fees for different aspects of the Site. For Pet Service Providers, there is a service fee calculated as a percentage of the fees that a Pet Owner(s) agrees to pay when a booking is scheduled and confirmed. For further information regarding our service fees, please see our Frequently Asked Questions (FAQ) page.
3.4 Taxes and Legal Advice Disclaimer
Excluding taxes on PetListing’s gross income, or where we are required to collect taxes otherwise, you hereby acknowledge that you are solely responsible for paying any appropriate taxes that may arise from your provision, listing purchases, or use of Pet Care Services through the PetListing Platform. PetListing does not provide tax, accounting, or legal advice. You hereby represent and warrant that these materials and information should not be considered as, or a substitute for, accounting or financial advice. Please consult your own tax advisor if deemed necessary.
3.5 Pet Service Provider Fees
When applicable, Pet Service Providers are permitted to perform and provide Pet Care Services to Pet Owners when both parties agree to a scheduled booking. Both Pet Parents and Pet Service Providers must wait for booking confirmation to be completed by PetListing or there is no obligation for a Pet Owner or Pet Service Provider to complete said transaction. Once both parties confirm a booking, you agree to honor the prices set forth. PetListing will collect payment from the Pet Owner through an authorized third party at the time of booking. Payment will then be released to the Pet Service Provider (via PayPal) approximately 72 hours after a service has been sufficiently completed. As described in Section 3.2, Pet Service Providers are charged a service fee for each completed booking. AS A NEUTRAL ONLINE VENUE, PETLISTING’S ROLE IS STRICTLY TO FACILITATE IN THE TRANSACTION PROCESS, NOT TO PROVIDE PET SERVICES.
3.6 Pet Owner Fees
When applicable, Pet Owners are permitted to purchase and/or book Pet Care Services from Pet Service Providers (i.e. dog walking, pet sitting, etc.). As a Pet Owner, you acknowledge that you are entering into a legal transaction with the Pet Service Provider you have chosen, and you agree to pay all total fees associated with said booking(s). As described in Section 3.2, the total fee that a Pet Owner is charged for a booking includes a service fee payable to PetListing. As stated in Section 3.3, charges will be inclusive of applicable taxes required by law. Furthermore, as described in Section 2.2, your Pet Service Provider is responsible for performing all Pet Care Services, not PetListing.
3.7 Late Fees and Charges (Pet Owners)
As a Pet Owner, you fully acknowledge and agree that, if you fail to retrieve your pet at the end of a booked service period, you will be charged for any additional continued service time for each additional day a pet remains at the Pet Service Provider’s residence. The established rate, in which you agreed to pay at the time of booking your service, is what you will be charged for any additional service time. YOU AGREE TO INDEMNIFY PETLISTING FROM ANY ADDITIONAL COSTS AND EXPENSES THAT WE MAY INCUR AS A RESULT OF YOUR FAILURE TO RETRIEVE YOUR PET AT THE END OF A BOOKED SERVICE.
3.8 Cancellations by Pet Owners
If a Pet Owner decides to cancel a scheduled booking prior to or during the service period explicitly specified in said booking, PetListing will refund all applicable fees in accordance with the cancellation policy set forth by the Pet Service Provider, themselves. Please be aware that Pet Service Providers are permitted to set a Reservation Fee (“Reservation Fee”) for their services, and it is the responsibility of all Pet Owners to be aware of any fees set forth. ALL PET OWNERS ARE RESPONSIBLE FOR VIEWING THE PET SERVICE PROVIDER’S CANCELLATION POLICY PRIOR TO BOOKING THEIR SERVICES.
3.9 Cancellations by Pet Service Providers
If a Pet Service Provider decides to cancel a booking prior to or during the service period explicitly specified in said booking, PetListing will refund all applicable fees paid by the Pet Owner for the Pet Care Services that have not been provided. A PetListing Team Member can assist a Pet Parent in finding a replacement Pet Service Provider, so long as said substitute has an active PetListing account.
3.10 Payment Disputes Outside of the PetListing Platform
As described in Section 3.4, PetListing initiates payments to Pet Service Providers approximately 72 hours after a service has been completed. Once these amounts have been disbursed, PetListing has no obligation to facilitate or mediate any resolution. Further payment disputes are strictly between Pet Owners and Pet Service Providers.
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Service; (4) any breach of your representations and warranties set forth in these Terms of Service; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding, which is subject to this indemnification upon becoming aware of it. You further agree that in the event that a pet or a Pet Service Provider should require medical care or treatment, PetListing will not be financially responsible for any costs incurred as a result of such treatment. You are aware and understand that you should carry your own health and/or pet insurance. You acknowledge and agree to be held liable for any and all costs associated with any actions of neglect or recklessness.
YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR ADVANCE WRITTEN CONSENT.
5. Intellectual Property Rights
5.1 PetListing Trademarks
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “PetListing Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Service, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
5.2 PetListing Platform
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content, and the Marks. As a condition of exercising such license, you agree that (1) all understanding associated with your use of the PetListing Marks inures solely to the benefit of the PetListing Platform, and (2) such license immediately terminates upon your ceasing to be a Pet Service Provider in good standing, whether at your own recourse or because PetListing suspends or terminates your rights to use the PetListing Platform.
6. User Representations
6.1 Your Representations of Content
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Service; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
6.2 Right to Content Removal
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof). We are under no obligation to provide you with Content copies, nor will we be held liable for deletion or termination of your Content. It is the sole responsibility of the Pet Care Service Provider to preserve copies of Content.
7. User Registration
You may be required to register with the Site, in which a username, profile, and password will have to be created. If you elect to use the PetListing Service, you agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to remove or termination your account if we believe you are attempting to impersonate another individual or if you are attempting to create multiple accounts. If you believe your account is being used or tampered with in an unauthorized way, please notify us promptly.
8. Prohibited Activities
8.1 PetListing Platform Conduct
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
8.2 User Engagement Violations
As a user of the Site, you agree not to:
- 1. Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- 2. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
- 3. Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
- 4. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
- 5. Use any information obtained from the Site in order to harass, abuse, or harm another person.
- 6. Make improper use of our support services or submit false reports of abuse or misconduct.
- 7. Use the Site in a manner inconsistent with any applicable laws or regulations.
- 8. Use the Site to advertise or offer to sell goods and services.
- 9. Engage in unauthorized framing of or linking to the Site.
- 10. Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
- 11. Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
- 12. Delete the copyright or other proprietary rights notice from any Content.
- 13. Attempt to impersonate another user or person or use the username of another user.
- 14. Sell or otherwise transfer your profile.
- 15. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- 16. Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
- 17. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
- 18. Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
- 20. Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
- 21. Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
- 22. Use a buying agent or purchasing agent to make purchases on the Site.
- 23. Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
- 24. Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
9. User Generated Contributions
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- 1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- 2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Service.
- 3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Service.
- 4. Your Contributions are not false, inaccurate, or misleading.
- 5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- 6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
- 7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- 8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
- 9. Your Contributions do not violate any applicable law, regulation, or rule.
- 10. Your Contributions do not violate the privacy or publicity rights of any third party.
- 11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
- 12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
- 13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- 14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Service, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Service and may result in, among other things, termination or suspension of your rights to use the Site.
10. Contribution License
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
11. Guidelines for Content and Reviews
11.1 Reviews or Ratings
We may provide you areas on the Site to leave reviews or ratings about Pet Service Providers. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
11.2 Content Representations
In using the PetListing Platform, you represent and warrant that (1) you are the sole owner of your content; (2) your content does not violate these Terms of Service or any governing law; and (3) you have the consent and permission to post photos that contain any individual(s) other than yourself.
11.3 Release and Content Removal
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
12. Social Media
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
14. Third-Party Websites and Content
The Site may contain (or you may be sent via the Site) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Service no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
We allow advertisers to display their advertisements and other information in certain areas of the Site, such as sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place on the Site and any services provided on the Site or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements on the Site, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA takedown-related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.
16. Site Management
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Service; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Service, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
18. Copyright Infringement, Digital Millennium Copyright Act (DMCA)
We respect the intellectual property rights of others. If you believe in good faith that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
18.2 Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
18.3 Digital Millennium Copyright Act (DMCA)
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
18.4 Designated Copyright Agent
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Our designated agent to receive notices of copyright infringement can be contacted at firstname.lastname@example.org.
19. Term and Termination
The term of this binding Agreement will commence once you begin using the PetListing Platform and shall continue for as long as you are able to use the Services or until you account is terminated as set forth herein.
PetListing has the right to terminate this Agreement or suspend your account at any given time without prior 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, even if you may be acting on behalf of the 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.
These Terms of Service shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF SERVICE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF SERVICE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
20. Modifications and Interruptions
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Service will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
21. Governing Law and Jurisdiction
For users in the United States, these Terms of Service and your use of the Site are governed by and construed in accordance with the laws of the State of New York applicable to agreements made and to be entirely performed within the State of New York, without regard to its conflict of law principles.
22. Arbitration Agreement and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PETLISTING AND LIMITS YOUR ABILITY IN WHICH YOU CAN SEEK RELIEF FROM OUR COMPANY.
22.1 Informal Negotiations and Dispute Resolution
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Service (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party. You and PetListing agree that any and all disputes will be resolved as set forth in this Arbitration Agreement.
Prior to initiating arbitration, we strongly recommend that you contact us to explain your issue and complaint. Naturally, our initial preference is always to attempt to find a resolution without the need for arbitration to commence. Please contact us at email@example.com to explain your complaint, which we will resolve amicably and in a timely manor.
22.2 Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Queens, New York. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. You agree that any and all Claims (“Claims”) (other than Excluded Claims) will be resolved exclusively on an individual basis through final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Queens, New York, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Service. If the value of the relief sought is $10,000 USD (or equivalent in local currency) or less, you or PetListing may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and PetListing subject to the arbitrator’s discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or PetListing, unless the arbitrator requires otherwise.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22.3 Arbitration Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
22.4 Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
22.5 Prohibition of Class and Representative Actions and Non-Individualized Relief
YOU AND PETLISTING AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS, AND NOT AS PLAINTIFF OF CLASS MEMBER IN ANY PURPORTED CLASS OF REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND PETLISTING AGREE OTHERWISE, OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON’S OR PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY’S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER PETLISTING PLATFORM SERVICE USERS.
22.6 Opt-Out Procedure
As a PetListing Platform user, you can choose to reject this Agreement to Arbitrate by mailing us a written opt-out notice. The opt-out notice must be postmarked no later than 30 days after the date you accept these Terms of Service for the first time. You may mail the opt-out notice to The PetListing Company, LLC, Attn: Legal Department, 246-05 Grand Central Parkway, Little Neck, NY 11362. The opt-out notice must clearly state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address used to register for the PetListing Service to which the opt-out applies. This notice must also be signed for it to be effective. These Terms of Service will continue to apply regardless of whether you decide to submit an opt-out notice. Upon choosing to opt-out of this Arbitration Agreement, you fully understand, comply, and agree to resolve claims in accordance with Section 20 of these Terms of Service.
22.7 Cost of Arbitration
Payment of all filing, administration, and arbitrator fees (collectively, “Arbitration Fees”) will be equally shared by both you and PetListing, except where prohibited by applicable law. Any request for payment of fees to be paid by PetListing should be submitted by mail to the AAA, along with your ‘Demand for Arbitration’, and PetListing will make arrangements for fees directly with the AAA. If the value of relief sought is more than $10,000 USD, and you can, in good faith, both accurately and efficiently, demonstrate that arbitration costs are prohibitive, PetListing will pay as much of the filing, administration, and arbitrator fees as the arbitrator deems necessary by applicable law. IF THE ARBITRATOR DETERMINES YOUR CLAIM TO BE FRIVOLOUS, YOU AGREE TO REIMBURSE PETLISTING FOR ALL FEES ASSOCIATED WITH THE ARBITRATION PAID BY PETLISTING ON YOUR BEHALF THAT YOU WOULD OTHER BE OBLIGATED TO PAY UNDER THE AAA’S RULES.
22.8 Future Arbitration Agreement Modifications
Notwithstanding any provision in these Terms of Service, you agree that if we make any amendment to this Arbitration Agreement (other than an amendment to any notice address or website link provided herein) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding against PetListing prior to the effective date of the amendment. We will notify you of any amendments to this Arbitration Agreement by updating the “Last updated” date and the updated version will be effective as soon as it is accessible. If we terminate this Arbitration Agreement by removing it from these Terms of Service, it will not be effective as to any claim that was filed in a legal proceeding against PetListing prior to the effective date of removal. If you do not agree to these amended terms, you may close your PetListing account within the 30-day period and you will not be bound by the amended terms.
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
24.1 Website Disclaimer
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
24.2 Website Disclaimer
The information provided by The PetListing Company, LLC (“PetListing“, “we”, “us”, or “our”) on https://www.petlistingco.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
24.3 External Links Disclaimer
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
24.4 Professional Disclaimer
The Site cannot and does not contain legal advice. The legal information is provided for general informational and educational purposes only and is not a substitute for professional advice. Accordingly, before taking any actions based upon such information, we encourage you to consult with the appropriate professionals. We do not provide any kind of legal advice. THE USE OR RELIANCE OF ANY INFORMATION CONTAINED ON THIS SITE IS SOLELY AT YOUR OWN RISK.
24.5 Affiliates Disclaimer
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links.
24.6 Testimonials Disclaimer
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
25. Limitations of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE one (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING OR $10,000.00 USD. CERTAIN U.S. STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
26. Compliance with Local and National Laws
26.1 Legal Jurisdiction
As a condition to accessing and using the PetListing service, you hereby certify that you: (1) are the age of majority within your jurisdiction, or at least 18 year of age, and (2) will fully comply with all applicable laws in accordance with the PetListing service.
26.2 Pet Vaccinations; Pet Owners
As a condition to being fully compliant with the PetListing service, Pet Owners are legally required to ensure that their pets are microchipped, licensed with the state, up-to-date on vaccinations, and have a valid form of identification. Furthermore, Pet Owners are required to provide and maintain pet insurance. The request to provide a valid insurance certification is subject to occur at any such time.
26.3 Legally Compliant; Pet Service Providers
As a condition to being fully compliant with the PetListing service, Pet Service Providers are required to ensure they are legally eligible to carry out Pet Services within their jurisdiction. This includes but is not limited to (1) complying with all local laws; (2) you provide all necessary pet accessories needed to properly care for said pet; and (3), you have properly obtained all business licenses necessary to comply with local laws.
26.4 Pet Service Provider Commitments
By using the PetListing service, you acknowledge and show awareness that we are permitted to depend on this resolution from you. PetListing is not required to ensure that all users are complying with applicable law. We will not be held responsible for a Pet Service Provider’s failure to uphold these commitments.
27. User Data
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
28. Electronic Communications, Transactions, and Signatures
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
29. California Users and Residents
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210.
These Terms of Service and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Service shall not operate as a waiver of such right or provision. These Terms of Service operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Service is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Service and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Service or use of the Site. You agree that these Terms of Service will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Service and the lack of signing by the parties hereto to execute these Terms of Service.
31. Contact Us
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at firstname.lastname@example.org.