PETSSIFIED.COM and its affiliates (“PETSSIFIED.COM ” or “we”,”our”, “us”) respects the privacy of our consumers, PET OWNERS,
PET LOVERS, PET PARENTS.
WHAT INFORMATION WE COLLECT
We collect the Information you give us in our “Site”. We collect and maintain information that you may provide to us through use of our Services, including the following:
PERSONAL INFORMATION – PET OWNERS, PET PARENTS,
- First Name
- Last Name
- Shipping Address
- Billing Address
- Credit Card Information
- Telephone Number(s)
- Cell Phone Numbers (s)
- Email Address(es)
- Purchase/Return/Exchange Data
PET SERVICE PROVIDERS
- First Name
- Last Name
- Shipping Address
- Billing Address
- Cell Phone Numbers (s)
- Telephone Number(s)
- Cell Phone Numbers (s)
- Email Address(es)
- Purchase/Return/Exchange Data
- Pet Name
- Certification #
- Registration #
- License #
- Date of Birth
- Date of Death
- Type of Pet
- Veterinary information
- Pet Photos
ACCOUNT SET UP INFORMATION | LOGIN & REGISTRATION:
- First Name
- Last Name
- Email Address
- User Name
- Type of User
ONLINE TRANSACTION INFORMATION:
- Order Information
- Shipping Address (es)
- Email Address (es)
- Payment Gateway processed via Paypal with your credit card information or debit card information – this is our 3rd Party Servicing company.
OUR CONTEST | SWEEPSTAKES | PROMOTIONS INFORMATION WE COLLECT IS AS FOLLOWS:
When you enter our contests, sweepstakes or other promotions, you may be asked for information necessary to fulfill the promotion
When you post comments or other content in publicly available forums on our Services (e.g., Product reviews, Q&A forum), anything you post will be available to us as well as visitors to our Services
When you post information about us on third party social media platforms (each, a “Social Media Service”), we may collect such information through an integration with the Social Media Service provider When you contact our customer service representatives, we collect additional information you choose to provide our representatives.
We also collect information about your pet(s), including:
- Veterinary information
- Pet Photos
Information automatically collected.
We use technology to automatically collect other information about you when you visit our Services or view our dvertisements.
See Cookies and Interest Based Advertising, below.
This information helps our online Services work correctly and supports our customer marketing and analytics efforts. This information includes, and is not limited to,
- Device Type
- Browser Information
- Operating System Information
- Device IP
- Device information
- IP address
- Mobile Device Identifier
- Software version
- Phone Model
- Phone Operating System
- Carrier Information
- The Date
- Length of Stay
- Referring Website
- Specific Pages Accessed
- Other actions you take on our online Service
INFORMATION COLLECTED FROM 3RD PARTIES:
SOCIAL MEDIA 3RD PARTIES:
PAYPAL 3RD PARTY PAYMENT GATEWAY:
We use Paypal as a our payment processor of our transactions.
They will obtain your payment details and you will be taken to their website to complete the processing part of the order.
Once you have paid, we will get notified from Paypal that you have paid your order in full or if there is an issue with payment processing. We use this information to establish our fulfillment process for your order such as delivery information, shipping details, product sku’s and UPC’s.
HOW PETSSIFIED.COM USES YOUR INFORMATION
We use, process and disclose your information we collect for our business purposes, including:
Responding to your questions and requests. We use your information to provide you with transactional assistance such as fulfilling your order and ensuring proper delivery of your products, as well as administering promotions such sweepstakes and contests and responding to reviews, comments or other feedback you provide.
Improving our products and services. We may use your information to make improvements to our Sites, Apps products and services, including to personalize our service offerings to meet your needs.
Reviewing Site and App trends and customer interests. We may use your information to customize your experience with us. We may collect information about your activities on and interactions with various devices and link that information. Through such cross-device linking, we can provide you with a consistent experience across the devices you use. We may also combine information we get from you with information about you we have received from third parties or publicly available sources to assess trends and interests.
Improving marketing communications. We may send you communications about promotions or offers via regular mail, email or other electronic channels, including ads on Social Media Services. We may use information, including information collected across different online services and collected from the various devices you may use, to deliver marketing communications based on your interests.
Promote our products or services. If you complete a product review or other feedback or provide any image of your pet(s), we may use your submission for commercial purposes to promote our products and services Other uses we may disclose. We also may use your information with your consent, and as otherwise permitted or required by law.
WHAT INFORMATION WE DISCLOSE
PETSSIFIED.COM does not SELL, RENT or TRADE or DISCLOSE
PETSSIFIED.COM may share your information in limited circumstances, such as to conduct our business, when legally required or with your consent, including:
- Third-Party Service Providers
- o We may disclose the information collected about you to our third-party contractors and partners relating to their performing services or other activities in support of our Services and/or our businesses, or their completing or confirming on our behalf a transaction or series of transactions that you conduct with us.
- Examples include third parties which may fulfill orders, deliver packages, send postal mail and/or e-mail, analyze data, provide marketing research and assistance, process credit card payments and provide customer service. These contractors and partners are restricted from using information that identifies you (excluding any information that is aggregated or otherwise reasonably de-identified) in any way other than to provide services for us.
- Veterinary Care Providers or Pharmaceutical Product Manufacturers.
- If you elect to use pharmacy services available through our website and fulfilled by PETSSIFIED.COM, the pharmacy may share your and/or your pet’s information with veterinary care providers to validate prescriptions. The pharmacy also may share such information with pharmaceutical manufacturer’s if doing so will help facilitate the treatment of your pet or provide required adverse event information to the manufacturer.
- Business Transfer
- We may disclose, transfer, or assign to our affiliates or to one or more third parties the information collected about you as part of a merger, acquisition or other sale or transfer of any of the assets or business of PETSSIFIED.COM.
- In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws or equitable principles affecting creditors’ rights generally, we may transfer your data to a successor or to a third party that purchases our assets arising from such circumstances.
Protection of PETSSIFIED.COM and Others.
INFORMATION FROM CHILDREN
The Services are not directed at children and we have no intention of collecting information from young people. If we become aware that information from a child under 13 has been collected without the consent of such child’s parent or guardian, we will use all reasonable efforts to delete such information.
If you see your child has registered or logged into our platform, we urge you to contact us immediately so we can remove the data. This is only feasible if you take control of this to advise us of the data that your child has entered into the platform and we take this very urgently as a matter to correct for the data provided by your child.
THIRD PARTY WEBSITES
As a convenience to our visitors, our Services may contain links to several websites that we believe offer useful information. The policies and procedures we describe here do not apply to those websites. We suggest contacting those websites directly for information on their privacy policies. PETSSIFIED.COM is not responsible for the privacy practices of third parties, regardless of whether they are linked or otherwise connected to our Services.
COOKIES AND INTEREST-BASED ADVERTISING
- To authenticate your account
- To store your password if you are a registered account holder
- To monitor performance of our Services
- To learn more about the way you interact with our content
- To personalize your experience on our Sites, Apps and Social Media Services
- To optimize and tailor our Sites and Platforms
- To make product recommendations and provide you with advertising content on our Services and elsewhere in which we think you will be interested
- To measure the effectiveness of personalized ads
- To pursue analytics and research to help us improve our Services and product offerings
- To better understand our Site visitors and App users and their respective interests, including by learning about your online activities across devices
Third party advertising management partners may help us display tailored content to our customers’ interests and serve interest-based advertising on our behalf. We do not provide any personal information to advertisers or to third party sites that display our interest-based ads. However, advertisers and other third-parties (including the ad networks, ad-serving companies, and other service providers they may use) may collect information through cookies about your browsing activity on our website to display interest based ads. Also, some third-parties may provide us information about you (such as the sites where you have been shown ads or demographic information) from offline and online sources that we may use to provide you more relevant and useful advertising.
ADVERTISING PREFERENCES AND OPT-OUT
Email marketing opt-out: If you wish to opt-out of any marketing email communications you may contact our customer service representatives at the phone number or email address below, under Questions. You also may follow opt-out unsubscribe instructions included in our promotional e-mail. Please note that removal of user information from our database or “opting-out” will not stop marketing or advertising content that is generated for distribution or is otherwise queued for transmission to you prior to the time when we can implement your request. Following receipt of a request from you, we will take reasonable steps to delete your information. If you opt-out of marketing communications, you will continue to receive transactional communications, such as e-mail or text notifications about your order status, recall information and other administrative information. Your information will remain in our database, but will be marked as inactive so you do not receive marketing materials from us.
Interest-based advertising opt-out:
You may opt-out of our targeted advertising and the targeted advertising of certain providers by visiting the DAA consumer opt-out page at aboutads.infochoices
Also, you can generally opt-out of receiving personalized ads from member of the Network Advertising Initiative (NAI) by visiting the NAI consumer opt-out page at optout.networkadvertising.org
Opting out will not mean that you will no longer receive our ads, rather, it just means that those ads will not be targeted to you based upon data collected from you on our online Services.
You may use the DAA’s AppChoices program to opt-out of certain interest-based advertising in apps (see: https://youradchoices.com/appchoices). You may also select a system level advertising preference feature on your device to opt out your device from interest-based advertising in apps.
On Apple iOS devices, system level advertising preference may be accessed via Settings – Privacy – Advertising – Limit Ad Tracking.
On Android devices, open the Google Settings app from your app drawer or from your operating system’s settings menu, tap Ads, and select “Opt-out of Interest-based ads.
Facebook may provide you with the ability to opt-out of certain advertising practices.
See facebook.com/help. However, we are unable to control Facebook’s practices or disclosures. To opt-out of data collection by other Social Media Services, you should review that provider’s privacy practices.
Mobile Location Settings:
If you access our Services through a mobile device, we may also be able to identify the location of your mobile device. You may choose not to share your location details with us by adjusting your mobile device’s location services settings. For instructions on changing the relevant settings, please contact your service provider or device manufacturer.
Some browsers have a “do not track” feature that lets you tell websites that you do not want to have your online activities tracked. Our online Services do not support “do not track” preferences that may be available in your browser and are not capable of satisfying the preference you set.
We implement reasonable administrative, technical, and physical safeguards designed to protect the information we collect.
Our Data is stored and hosted in a 3rd Party Hosting Company. This requires constant review and security of the data, the securities with our firewalls and our 3rd party Hosting Company.
However, no information system can be 100% secure, so we cannot guarantee the absolute security of your information.
Our Admin Team works with a 3rd party service for hosting of our platform.
We may retain your data for as long as we believe there is a business, legal or security reason for doing so, even if you are no longer an active customer.
In activity to your account may disable your account, however, it will not delete it.
You can disable your
HOW TO UPDATE INFORMATION
Section 1798.83 of the California Civil Code permits California residents to request from a business, with whom the California resident has an established business relationship, certain information about the types of personal information the business has shared with third parties for those third parties’ direct marketing purposes and the names and addresses of the third parties with whom the business has shared such information during the immediately preceding calendar year. If you are a California resident, you may make one request each year by sending a request to service@PETSSIFIED.COM.com.
CHANGES TO THIS POLICY
THESE TERMS AND CONDITIONS, AS WELL AS ANY OTHER PRODUCT AND SERVICE SPECIFIC TERMS ON OUR SITE, CONSTITUTE YOUR SERVICE AGREEMENT (“AGREEMENT”) WITH PETSSIFIED.COM AND ANY OF ITS OWNED OR OPERATED SITES WHERE THESE TERMS OF UES ARE POSTED (“PETSSIFIED.COM “). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS FOR YOUR USE OF OUR SITE AND YOUR PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED ON THE SITE. BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE AGREEMENT AND TO ABIDE BY ALL OF THE TERMS AND CONDITIONS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THIS AGREEMENT UNLESS YOU ARE AT LEAST 18 YEARS OLD.
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND PETSSIFIED.COM AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PETSSIFIED.COM WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
When you use our Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this Site, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
In order to use certain features of the Site (e.g., purchasing products and services (referred to collectively as “Products” herein) from the Site), you must register for an account with PETSSIFIED.COM (“PETSSIFIED.COM Account“) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) your use of the Site does not violate any applicable law or regulation or the terms of this Agreement.
You are responsible for maintaining the confidentiality of your PETSSIFIED.COM Account login information. You are fully responsible for all activities that are associated with your PETSSIFIED.COM Account (including but not limited to any purchases, use of the Site, or correspondence from your account to PETSSIFIED.COM ). You agree to immediately notify PETSSIFIED.COM of any unauthorized use or suspected unauthorized use of your PETSSIFIED.COM Account or any other breach of security. When you provide PETSSIFIED.COM with such notice, PETSSIFIED.COM will suspend or otherwise secure your Account to prevent future unauthorized activity.
The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. PETSSIFIED.COM reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of products on the Site are subject to change without notice. Errors will be corrected when discovered and PETSSIFIED.COM reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. PETSSIFIED.COMreserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your account may also be restricted or terminated for any reason, at PETSSIFIED.COM ‘s sole discretion.
Risk of Loss
All items purchased from PETSSIFIED.COM are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
PETSSIFIED.COM attempts to be as accurate as possible. However, PETSSIFIED.COM does not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current or error-free. If a product offered by PETSSIFIED.COM is not as described, your sole remedy is to return the product.
“List Price” means the suggested retail price of a product as provided by a manufacturer, supplier or other retailers (and with respect to RX products, veterinarians). Certain products may have a “RETAIL Price” displayed, which is determined using recent price history of the product on PETSSIFIED.COM .com.
PETSSIFIED.COM cannot confirm the price of an item until your submit an order. If you use Autoship, the price of an item will set at the time the order is processed. See Autoship Terms and Conditions for more information. Despite our best efforts, a small number of the items in our catalog may be mispriced. If the correct price of an items is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. We do business throughout the United States and collect and remit sales tax as required by law.
Permissible Uses of Site
Subject to the terms of this Agreement, PETSSIFIED.COM grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include any resale or commercial use of the Site features or content, or the right to access or use the Site for any of the restricted purposes set forth below. PETSSIFIED.COM may terminate this license at any time for any reason.
The rights granted to you in this Agreement are subject to the following restrictions: (a) you shall not use the Site to place an order on behalf of yourself or a third party for resale to that third party; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its products or its content without the express written consent of PETSSIFIED.COM ; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another merchant; (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without PETSSIFIED.COM ‘s express written consent; and (e) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without PETSSIFIED.COM ‘s express written consent.
PETSSIFIED.COM reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that PETSSIFIED.COM will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.
Intellectual Property Rights
The Site contains valuable trademarks and service marks owned and used by PETSSIFIED.COM luding but not limited to, PETSSIFIED.COM , the PETSSIFIED.COM design logo, the tag line “where pet lover shop” and certain brands including Tylee’s, Dr. Lyons, Frisco and American Journey (collectively, the “PETSSIFIED.COM Marks”). Any use of the PETSSIFIED.COM Marks without the prior written permission of PETSSIFIED.COM is strictly prohibited. The arrangement and layout of the Site, including but not limited to, the PETSSIFIED.COM Marks, images, text, graphics, buttons, screenshots, and other content or material (collectively, the “Site Content”), are the sole and exclusive property of PETSSIFIED.COM.
UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.
PETSSIFIED.COM uses a network of independent product and content suppliers, distributors and other such third parties to supply some of the products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these product and other such third parties that are not owned by us but appear on the Site are the property of their respective owners.
Limitations Regarding Information, Articles and Advice
PETSSIFIED.COM offers information, articles and advice to pet parents through this site for educational purposes only. Any information offered through this site is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet contact your regulator veterinarian or local animal hospital.
“User Content” of the Site user means any and all information and content that such user submits to PETSSIFIED.COM by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), or uses with the Site (e.g., a user profile, product review, question & answer). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (i) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (ii) your User Content does not violate the Acceptable Use Policy. You may not state or imply that your User Content is in any way provided, sponsored or endorsed by PETSSIFIED.COM . Because you alone are responsible for your User Content (and not PETSSIFIED.COM ), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. PETSSIFIED.COM is not obligated to backup any User Content, makes no representation that it will do so, and you agree that PETSSIFIED.COM may delete User Content at any time.
By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to PETSSIFIED.COM an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, PETSSIFIED.COM social media platforms or marketing initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.
PETSSIFIED.COM will treat any feedback, communications, or suggestions you provide to PETSSIFIED.COM as non-confidential and non-proprietary. Thus, in the absence of a written agreement with PETSSIFIED.COM to the contrary, you agree that you will not submit to PETSSIFIED.COM any information or ideas that you consider to be confidential or proprietary.
Acceptable Use Policy
You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to commercially exploit the Site or use it to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; or (f) harass or interfere with another user’s use and enjoyment of the Site.
We reserve the right (but have no obligation under this Agreement) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of this Agreement, including removing or modifying your User Content, terminating your PETSSIFIED.COM Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your PETSSIFIED.COM Account username and password, IP address and traffic information, usage history, and your User Content.
Third Party Sites and Other Users
The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third Party Sites are not under the control of PETSSIFIED.COM and PETSSIFIED.COM is not responsible for any Third Party Sites. PETSSIFIED.COM provides links to these Third Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third Party Sites at your own risk. When you link to a Third Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third Party Site.
Each Site user is solely responsible for any and all of its User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that PETSSIFIED.COM will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third Party Sites.
Disclaimer of Warranties
PETSSIFIED.COM intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER PETSSIFIED.COM NOR ITS THIRD PARTIES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, PETSSIFIED.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.
Limitation on Liability
IN NO EVENT SHALL PETSSIFIED.COM , OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITHPETSSIFIED.COM , YOUR USE OF THE WEB SITE, PRODUCTS, OR THIRD PARTY SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE WEB SITE, PRODUCTS AND THIRD PARTY SITES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH PETSSIFIED.COM OR THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID PETSSIFIED.COM IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
You agree to indemnify and hold PETSSIFIED.COM , our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (i) your use of the Site or Products, (ii) your User Content, or (iii) your violation of this Agreement. PETSSIFIED.COM reserves 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 with our defense of these claims. You agree not to settle any matter without the prior written consent of PETSSIFIED.COM. PETSSIFIED.COM will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
YOU AND PETSSIFIED.COM AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. PETSSIFIED.COM will provide such notice by e-mail to your e-mail address on file with PETSSIFIED.COM and you must provide such notice by e-mail to legal@PETSSIFIED.COM .com. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. The arbitrator will have the power to grant whatever individual relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
PETSSIFIED.COM AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY. NEITHER PETSSIFIED.COM NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).
Notwithstanding any provision in these terms to the contrary, we agree that if PETSSIFIED.COM makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) that you had already provided notice to PETSSIFIED.COM . In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state and federal courts in Broward County, Florida to resolve such claims.
Term and Termination
Subject to this Section, this Agreement will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your PETSSIFIED.COM Account) or (b) terminate this Agreement, at any time for any reason at our sole discretion, including for any use of the Site in violation of this Agreement or if we believe you are younger than 18. Upon termination of this Agreement, your PETSSIFIED.COM Account and right to access and use the Site will terminate immediately. You understand that any termination of your PETSSIFIED.COM Account may involve deletion of any User Content you may have posted. PETSSIFIED.COM will not have any liability whatsoever to you for any termination of this Agreement, including for termination of your PETSSIFIED.COM Account or deletion of your User Content.
Respect for Copyright Law
PETSSIFIED.COM respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of PETSSIFIED.COM ‘s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on the web site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. Â§ 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature
- identification of the copyrighted work(s) that you claim to have been infringed
- identification of the material on our services that you claim is infringing and that you request us to remove
- sufficient information to permit us to locate such material
- your address, telephone number, and e-mail address
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner
Please note that, pursuant to 17 U.S.C. Â§ 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.
You may submit your counter notification to PETSSIFIED.COM ‘s Copyright Agent by mail or email as set forth below:
3773 Howard Hughes Parkway Suite 500s, Las Vegas, NV 89169
This Agreement constitutes the entire agreement between you and us regarding the use of the Site and the purchase of any Products on our Site. Our failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is governed by the laws of the State of Florida without regard to conflict of law provisions. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of this Agreement is, for any reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. This Agreement, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PETSSIFIED.COM ‘s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignees.