1. Description of Service
PetPay provides users with a platform to locate a puppy or an adult dog (referred to as "pet") including but not limited to secure transaction management resources (the "Service") to facilitate marketing services, advertising services, sales, risk mitigation, contract preparation and ratification, travel logistics, customer support and health guarantee oversight for the sale of goods, animals and services related to the sale/adoption of pets. Users understand and agree that the Service may include advertisements and that these advertisements are necessary for PetPay to provide the Service. Unless explicitly stated otherwise, any new features which augment or enhance the current Service, including the release of new PetPay properties, shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that PetPay assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalization settings.
2. Modifications of Service
PetPay may change any or all of its Services at any time. In the event PetPay introduces a new service, the fees associated to that Service are effective at the launch of the Service. Users agree that PetPay shall not be liable to you the user or to any third party for any modifications, suspension, or discontinuance of the Service.
3. PetPay is a Managed Marketplace
3.1 Overview. The Site acts as a marketplace for communication and transaction management between potential buyers and Dog Breeders (referred to as "Sellers") electronically. PetPay has no control over any aspects of the puppy listings, the truth or accuracy of the listings, or the ability to predict if a certain Seller will be able to complete the transaction without Default or the ability of buyers to complete the transaction without Default or the statements or feedback added to The Site about or concerning your business or business practices. Listings, feedback or any other material posted on the Site do not imply an endorsement by PetPay. Consequently, PetPay does not transfer legal ownership of pets from the seller to the buyer. PetPay cannot guarantee the true identity, age, and nationality of a User and relies upon 3rd party identity verification services. PetPay will ensure all parties uphold their obligations.
3.2 Release. In the event that you have a dispute with one or more users, you release PetPay (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor." You acknowledge and agree that communications and transmission to and from the Site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between you and PetPay other than as stated in this Agreement. You agree that no joint venture, partnership, employment or agency relationship exists between you and PetPay as a result of this Agreement or use of the Site. Comments posted on the Site's User References do not imply endorsement by the Site, they are the sole expressed views of the original poster. The Site will remove feedback and comments if they meet the standard for feedback abuse outlined in Section 7 below. You agree that PetPay is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on PetPay. You use the PetPay service at your own risk.
For more information on laws limiting the liability of companies like PetPay from written remarks posted on its site by third parties, please visit these Web sites:
Legal Information Institute
4. Membership Eligibility
Age: PetPay's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate, truthful, current and complete. You agree to maintain and promptly update any and all registration information to keep it true, accurate, current and complete. PetPay may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use PetPay's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the User and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by PetPay's policies as stated in the Agreement and the PetPay policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by PetPay, each of which is incorporated herein by reference and each of which may be updated by PetPay from time to time without notice to you:
- The DO's & DON'Ts of PetPay
- Copyright & Intellectual Property Policy
- California Consumer Privacy Act ("CCPA")
- Trademark Guidelines
- Transaction Guidelines
- Refund Policy
- Buyer Terms and Conditions of Sale
- Health Guarantee
- Seller Agreement
- Seller Code of Ethics
- Anti-Money Laundering and Counter-Terrorist Financing Statement
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by PetPay from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify PetPay of any unauthorized use of your password or any breach of security. You also agree that PetPay cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than PetPay without PetPay's express written permission.
Account Security Code: You may be prompted to verify access to your account via a unique verification code if the Site detects an unauthorized access attempt from a computer or internet device or internet connection not previously associated to your account. You will receive the unique verification code to the registered email address on file including a text message to the mobile phone number you provide within My Profile. PetPay will not be financially responsible for any charges from standard text message rates or data charges you incur.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To buy or sell on PetPay you must provide and maintain valid payment information such as valid credit card information and/or a valid U.S. bank account.
Account Transfer: You may not transfer or sell your PetPay account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: PetPay's services are not available to temporarily or indefinitely suspended PetPay members. PetPay reserves the right, in PetPay's sole discretion, to cancel unconfirmed or inactive accounts. PetPay reserves the right to refuse service to anyone, for any reason, at any time.
5. Fees and Billing
Joining as a Breeder or User on PetPay is free of charge. PetPay does not charge Seller fees to place listings nor does it charge a Seller any type of subscription or recurring fee. PetPay charges an administrative service fee to both Buyer and Seller. When you list a pet you have an opportunity to review and accept or decline the transaction. Buyers and Sellers have the opportunity to review and accept the fees charged. Changes to fees for PetPay's services are effective after PetPay provides you with at least seven (7) days' notice by posting the changes on the Site. However, PetPay may choose to temporarily change the fees for PetPay's services for promotional events; such changes are effective when PetPay posts the temporary promotional event on the Site. PetPay may, at PetPay's sole discretion, change some or all of PetPay's services at any time. In the event PetPay introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
In certain situations, including but not limited to a void or invalid transaction, PetPay may issue a refund for the applicable fees.
You are responsible for paying all fees and applicable taxes associated with using PetPay.
Fees and Termination: If PetPay terminates a listing or your account, if you close your account, or if the payment of your PetPay fees cannot be completed for any reason, you remain obligated to pay PetPay for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact PetPay.
Payment In Full: All transactions require payment in full by the invoice due date. Failure to pay invoices in full by the payment due date will result in travel delays. No puppy under any circumstance will be released without payment in full prior to the departure date as identified by the invoice due dates. Puppies greater than 8 weeks of age will require payment in full at the time of purchase. Puppies less than 8 weeks in age will require payment in full within one (1) week of delivery. Why? We protect the transaction from fraud from both parties and follow strict protocols for ensuring a safe and secure transaction therefore, a safe and secure adoption.
5a. PetPay Assurance+ Program Acceptance
Joining the PetPay Assurance+ program requires acceptance and approval prior to benefiting or using the service. Assurance+ advertises Seller's pets through various marketing channels at the cost of PetPay. Sellers must supply unique pictures and nicknames of puppies. Unique pictures and nicknames are not allowed to be used elsewhere. Sellers should account for all PetPay Assurance+ fees when pricing their puppies.
5b. Payment Processing
PetPay currently uses Stripe to execute online payment transactions. By using this feature of the Service, you agree to be bound by the Stripe Connected Account Agreement, available at Stripe terms. This may be updated from time to time. For avoidance of doubt, if any payment you initiate using the Service does not successfully complete, the payee reserves the right to seek payment from you via or outside the Service. Any authorization you provide to make repeating automatic payments using the Service will remain in effect until cancelled.
By providing us with your banking, credit/debt card, or other payment information, you authorize us to use it and disclose it to Stripe or other payment gateway providers for the purpose of processing the payments you authorize on the Service. Payment gateway providers may also aggregate your information for other purposes, but only in ways that don’t identify you personally or disclose any personal information about you, and may disclose your personal information when necessary to comply with the law.
If a payor or payor’s bank or card issuer initiates a reversal, chargeback, or dispute, you authorize us and our third-party payment providers to reverse or otherwise debit funds from your account in accordance with applicable financial institution and network policies and procedures. In the event we are unable to reverse or otherwise debit funds from your account, you agree promptly to deposit such funds upon our request. We may also initiate a reversal or other debit, or take other actions we determine to be appropriate, if we believe fraud or other abuse of the Service has occurred.
6. Listing and Selling
Listing Description: By listing a pet on the Site you warrant that you and all aspects of the pet comply with PetPay's published policies. You also warrant that you may legally sell the pet. You must accurately describe the pet and all terms of sale in your PetPay listing. Your listings may only include text descriptions, graphics, pictures, videos and other content relevant to the sale of that particular pet, not a litter of puppies. All pets listed must be in an appropriate breed category with appropriate nicknames. Each listing must accurately, truthfully and completely describe the pet for sale in that listing. Each individual pet must have its own listing.
Health Policies: Sellers warrant to screen the pet for a clean bill of health at a local Veterinarian 3 days prior to the scheduled time of delivery of the pet. Sellers warrant the pet is in good health at the time of delivery. Sellers are required to upload and provide a copy of the final Veterinarian health check report to PetPay for each pet 24 hours prior to the scheduled time of delivery.
Seller Policies: All sellers must adhere to PetPay's policies.
Binding Sale: All sales are legally binding. The Seller is obligated to deliver the pet or otherwise complete the transaction with the buyer in a timely manner in accordance with Seller Code of Ethics, unless there is an exceptional circumstance, such as: (a) the buyer fails to perform, or (b) PetPay cannot authenticate the buyer's identity, or (c) the Seller or PetPay deem the Buyer unfit to adopt the pet. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance. Transactions become binding sales upon the Sellers review and acceptance.
Fee Avoidance: PetPay fees are charged for use of our services. The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable shipping and other fees to cover the costs for preparing the pet for delivery. Sellers may not charge excessive shipping fees or otherwise avoid fees. You may not alter the pet's price after a sale for the purpose of avoiding PetPay transaction fees, misrepresent the pet's location, or use another user's account without permission. Sellers may not use PetPay to direct buyers to another online selling venue to purchase the same pet as listed in the Sellers PetPay account. PetPay may engage in collection efforts to recover fees.
6a. Refund Policy
All sales and payments are binding and final. A deposit made by the Buyer and placed on a pet is non-refundable after the Seller accepts the transaction unless there is an exceptional circumstance, such as: (a) the buyer fails to perform, or (b) PetPay cannot authenticate the buyer's identity, or (c) PetPay or the Seller deem the Buyer unfit to adopt the pet, or (d) the Buyer cannot complete payment. PetPay fees are non-refundable. You the Buyer acknowledge and certify your agreement and understanding and receipt of all applicable Terms and Policies at time of payment and will abide by such policies.
7. Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to PetPay and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on PetPay.
Restricted Activities: Your Content and your use of PetPay shall not:
- Be false, inaccurate or misleading
- Be fraudulent or involve the sale of illegal, counterfeit or stolen items
- Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, PetPay's Copyright and Intellectual Property Policy)
- Violate this Agreement, The DO's & DON'Ts of PetPay, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
- Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including PetPay staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
- Be obscene or contain child pornography
- Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
- Host images not part of a listing
- Modify, adapt or hack PetPay or modify another website so as to falsely imply that it is associated with PetPay;
- Appear to create liability for PetPay or cause PetPay to lose (in whole or in part) the services of PetPay's ISPs or other suppliers
User Comments and/or User Feedback Posted on Site that does not meet any of the reasons outlined below will not be removed:
- The Site is provided with a valid court order finding that the disputed feedback is slanderous, libelous, defamatory or otherwise illegal.
- The feedback comment contains profane, vulgar, obscene, or racist language or adult material. Inflammatory language, such as "fraud, liar, cheater, scam artist, con man" etc., while strongly discouraged, will not be removed.
- The feedback comment contains personal identifying information about another member, including real name, address, phone number, or e-mail address.
- The feedback makes reference to a PetPay or law enforcement organization investigation.
- The feedback comment contains scripts.
- Negative feedback intended for another member will be considered for removal only in situations where the member responsible for the mistaken posting informs The Site of the error.
- Feedback left by a member who provided The Site with false contact information and could not be contacted. In general, the transaction period is considered to be 90 days from the end of the listing or 30 days from the date the feedback was left, whichever was longer.
- Feedback left by users who are indefinitely suspended for certain policy violations within 90 days of registration. The Site takes the position that members who are indefinitely suspended soon after registration shouldn't be able to permanently impact another member's account or business.
- Feedback containing pricing information.
- Feedback containing contact information.
Re-Posting Content: By posting Content on PetPay, it is possible for an outside website or a third party to re-post that Content. You agree to hold PetPay harmless for any dispute concerning this use. If you choose to display your own PetPay-hosted image on another website, the image must provide a link back to its listing page on PetPay.
Idea Submissions: PetPay considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and PetPay shall not be liable for the disclosure or use of such Material. If, at PetPay's request, any member sends Material to improve the site (for example through the Forums or to customer support), PetPay will also consider that Material to be non-confidential and non-proprietary and PetPay will not be liable for use or disclosure of the Material. Any communication by you to PetPay is subject to this Agreement. You hereby grant and agree to grant PetPay, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the, health guarantee, transaction documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
9. Information Control
PetPay does not control the Content provided by users that is made available on PetPay. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using PetPay, you agree to accept such risks and that PetPay (and PetPay's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on PetPay. Please use caution, common sense, and practice safe buying and selling when using PetPay.
Other Resources: PetPay is not responsible for the availability of outside websites or resources linked to or referenced on the Site. PetPay does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that PetPay shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with PetPay's policies and acknowledge and agree to comply with the laws of the city, county and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. PetPay is not involved with user generated groups, the groups' requirements, or the Meetings unless scheduled via a Zoom and administered by PetPay.
Users are solely responsible for interactions with others. Users understand that PetPay does not in any way personally screen its users. All users agree to exercise caution and good judgment in all interactions with others, particularly if meeting offline or in person.
11. Resolution of Disputes and Release
In the event a dispute arises between you and PetPay, you must first contact PetPay.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Anne Arundel County, Maryland, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Anne Arundel County of Maryland. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and PetPay agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with one or more users, or an outside party, you release PetPay (and PetPay's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. PetPay encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
PetPay, for the benefit of users, may try to help users resolve disputes. PetPay does so in PetPay's sole discretion, and PetPay has no obligation to resolve disputes between users or between users and outside parties. To the extent that PetPay attempts to resolve a dispute, PetPay will do so in good faith based solely on PetPay's policies. PetPay will not make judgments regarding legal issues or claims. PetPay will not assist in Dispute Resolutions if the disputing party fails to purchase PetPay's Dispute Resolution services.
12. E-Sign Disclosure and Consent
By accepting this Agreement, you agree and consent to receive electronically all communications, agreements, documents, notices and disclosures (collectively, "Communications") that we provide in connection with your PetPay Account and your use of the Service. Communications include but are not limited to:
- annual disclosures;
- transaction receipts or confirmations;
- communication in realtion to deliquent accounts (which may also be by phone, and may be made by PetPay or by anyone on its behalf, including a third party collection agent);
- Account statements and history; and
- federal and state tax statements.
We will provide these Communications to you by emailing them to you at the primary email address listed in your PetPay Account, by emailing you a link or instructions how to access them on a website, or (if permitted by law) by posting them on the Website. Communications are considered received by you within 24 hours of the time they are emailed to you or posted to our Website. You further agree that your electronic signature has the same effect as your manual, physical signature.
13. Electronic Signature Disclosure and Consent
By accepting this Agreement, you consent and agree that your use of a key pad, track pad, mouse or other device to select an item, button, icon or similar act/action while using any electronic service PetPay offers; or in accessing or making any transactions regarding any document, agreement, acknowledgement, consent, term, disclosure, or condition constitutes your signature, acceptance and agreement as if actually signed by you in writing and is the legal equivalent of your manual signature. Further, you agree that no certification authority or other third party verification is necessary to validate your electronic signature; and that the lack of such certification or third party verification will not in any way affect the enforceability of your signature or resulting contract between you and PetPay or you and Seller. You understand and agree that the Electronic Signature executed in conjunction with the electronic submission of any contract, application or document will be legally binding and such transaction will be considered authorized by you.
14. PetPay's Intellectual Property
PetPay, and other PetPay graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of PetPay, Inc. in the U.S. and/or other countries. PetPay's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
15. Access and Interference
PetPay may contain robot exclusion headers which contain internal rules for software usage. Much of the information on PetPay is updated on a real-time basis and is proprietary or is licensed to PetPay by PetPay's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access PetPay for any purpose whatsoever, or otherwise without PetPay's prior express written permission. Additionally, you agree that you will not:
- Take any action that imposes, or may impose, in PetPay's sole discretion, an unreasonable or disproportionately large load on PetPay's infrastructure
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in The DO's & DON'Ts of PetPay from the Site or otherwise without the prior express written permission of PetPay and the appropriate third party, as applicable
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
- Bypass PetPay's robot exclusion headers or other measures PetPay may use to prevent or restrict access to PetPay
Without limiting any other remedies, PetPay may, without notice, and without refunding any fees, delay or immediately remove Content, warn PetPay's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
18. No Warranty
PETPAY, PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SELLERS AND PETPAY'S SUPPLIERS PROVIDE PETPAY'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. PETPAY, PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND PETPAY'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM PETPAY SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
19. Limitations on Liability (Liability Limits)
IN NO EVENT SHALL PETPAY, AND (AS APPLICABLE) PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES OR PETPAY'S SUPPLIERS OR PETPAY'S SELLERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, PETPAY'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
PETPAY'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SELLERS, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PETPAY IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
LIMITATIONS ON LIABILITY, WAIVERS AND INDEMNITIES IN THIS AGREEMENT ARE BUSINESS UNDERSTANDINGS BETWEEN THE PARTIES AND SHALL APPLY TO ALL LEGAL THEORIES OF RECOVERY, INCLUDING BREACH OF CONTRACT OR WARRANTY, BREACH OF FIDUCIARY DUTY, TORT (INCLUDING NEGLIGENCE), STRICT OR STATUTORY LIABILITY, OR ANY OTHER CAUSE OF ACTION, PROVIDED THAT THESE LIMITATIONS ON LIABILITY, WAIVERS AND INDEMNITIES WILL NOT APPLY TO ANY LOSSES OR DAMAGES THAT MAY BE FOUND BY A TRIER OF FACT TO HAVE BEEN CAUSED BY PETPAY, PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, SELLERS OR PETPAY'S SUPPLIERS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THE PARTIES ALSO AGREE THAT YOU WILL NOT SEEK DAMAGES IN EXCESS OF THE CONTRACTUALLY AGREED-UPON LIMITATIONS DIRECTLY OR INDIRECTLY THROUGH SUITS AGAINST OTHER PARTIES WHO MAY JOIN YOU AS A THIRD-PARTY DEFENDANT. "PARTIES" MEANS YOU AND PETPAY, PETPAY'S SUBSIDIARIES, OFFICERS, DIRECTORS, PARTNERS, EMPLOYEES, SELLERS AND PETPAY'S SUPPLIERS.
YOU AGREE TO INDEMNIFY AND HOLD PETPAY AND (AS APPLICABLE) PETPAY'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
21. No Guarantee
PetPay does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside PetPay's control.
22. No Double Recovery
No provision of this Agreement shall be construed to provide an indemnity or other recovery for any costs, damages, or other amounts for which the damaged party has been fully compensated under any other provision of this Agreement or under any other agreement or pet insurance plan or action at law or equity. Unless expressly required in this Agreement, a party shall not be required to exhaust all remedies available under other agreements or at law or equity before recovering under the remedies provided in this Agreement. Any active pet insurance plan takes precedence over any and all health guarantees herein. PetPay's Health Guarantee may afford the Buyer additional coverage outside the scope of the Buyer's pet insurance plan once the Buyer has been reimbursed or compensated by their pet insurance plan. Buyer will be responsible to provide any and all claims and claim benefits submitted and/or received by their pet insurance plan to PetPay prior to the processing of any health guarantee claims.
23. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any PetPay service and, if applicable, your listing, purchase, solicitation of offers to purchase, and sale of pets or other items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases or sales of pets or items you make on the Site (excluding any taxes on PetPay's net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.
25. No Agency
You and PetPay are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
26. Informative Only
Information on this site is for informational purposes only and is not meant to substitute for the advice of your veterinary or medical professional. Any information found on the Site should not be used to diagnose a medical condition or disease, or to administer any medication. Please consult a veterinarian for any and all medical advice or to determine which products can benefit your pet. Any information found on the Site has not been evaluated by the Food and Drug Administration and does not necessarily represent the views of a medical professional. In addition customer reviews are opinions of an individual and are not the opinion of PetPay, nor are they reviewed or verified by PetPay staff.
27. PetPay Service
28. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Maryland, excluding its conflicts of laws rules, and the United States of America.
Sections 3 (Fees and Billing, Fees and Termination), 6a (Refund Policy) 8 (Content, License), 9 (Information Control), 10 (Meetings, Groups), 11 (Resolution of Dispute and Release), 13 (Electronic Signature Disclosure and Consent) 14 (PetPay's Intellectual Property), 15 (Access and Interference), 16 (Breach), 17 (Privacy), 18 (No Warranty), 19 (Liability Limit), 20 (Indemnity), 21 (No Guarantee), 22 (No Double Recovery), 24 (Severability), 25 (No Agency), 28 (Choice of Law), and PetPay's Health Guarantee (Agreement to Mandatory Individual Arbitration & Class Action Waiver) shall survive any termination, default, breach or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to PetPay; Attn: Legal Department; 136 W Dares Beach Rd #304 • Prince Frederick, MD 20678 (in the case of PetPay) or, in your case, to the email address you provide to PetPay (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, PetPay may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to PetPay. In such case, notice shall be deemed given three days after the date of mailing.
For issues with intellectual property, please provide the notice as specified in PetPay's Copyright and Intellectual Property Policy.
The services hereunder are offered by PetPay Inc., located at 136 W Dares Beach Rd #304 • Prince Frederick, MD 20678.
Please report any violations of this Agreement or any PetPay Policies to PetPay.