This document contains all of the legal information you need to know in order to use Petstore.com. Please carefully read all of the material below, because any use of Petstore.com’s services constitutes a contractual agreement. This contract sets out your terms of service (the “Terms”) when you use the Petstore.com (“Us,” “Our,” “We”) website or any subsidiary services proved by Petstore.com (our “Services”).
ACCEPTANCE OF TERMS
By accessing or using of any of our Services, including browsing our website (Petstore.com), you accept these Terms. If you do not agree with the Terms, you do not have the right to use our Services. These Terms are a binding legal agreement between you and Petstore.com.
The Petstore.com Service consists of a desktop and mobile web application that provides a hybrid peer-to-peer marketplace for pet-related services and products.
With one exception (stated in the following paragraph), Petstore.com is not a Service Provider or Product Seller. Petstore.com is a peer-to-peer marketplace for persons seeking pet products and services (“Purchaser”), persons offering pet services (“Service Provider”), and persons selling pet products (“Product Seller”) to communicate and arrange for the purchase and provision of pet goods and services. We make no representations or warranties about the quality or legality of pet products or services offered on the marketplace by Service Providers or Product Sellers. Petstore.com does not employ, recommend, or endorse any Product Sellers or Service Providers, nor will Petstore.com be responsible or liable for the conduct, quality, performance, or safety of any Service Provider, Product Seller, or the products and services they sell. While Petstore.com may perform a background check or offer guidance to Service Providers or Product Sellers, We make no claims or guarantees about the products and services offered, or of those who offer them. You are solely responsible for your personal safety and the safety of your pet(s).
As a Hybrid peer-to-peer marketplace, Petstore.com does offer some commercial products for sale under the user account name Petstore with the email firstname.lastname@example.org
All transactions (with the exception of products sold by the user account Petstore) are between Purchasers and Service Providers or Product Sellers. Our Service is to provide a marketplace and facilitate payment. Your use of the Services is agreement that We have no liability or responsibility for damages, to you or your pet, resulting from any use or misuse of our Services. You are responsible for determining the quality, safety, and suitability of the service or product offered. Although We offer a system for the review of Product Sellers and Service Providers, We make no claim that any reviews are accurate.
Purchasers are solely responsible for providing Service Providers with emergency medical contacts for the care of their pet as well as personal contact information for the duration of the service. In case of emergency, if you (the Purchaser) are not available to obtain immediate care, you (the Purchaser) authorize Us and the Service Provider to obtain and provision veterinary care. If We obtain emergency veterinary care for your pet, you authorize your veterinarian to release your pet records to Us. If you refuse any veterinary care suggested by the Service Provider or Us, you release the Service Provider and Us for any injury, damage, or liability arising from failure to seek veterinary care. Purchasers are solely responsible for cost and payment of any emergency medical care. In any case where emergency services may be required due to any fault or negligence on the part of the Service Provider, Purchasers are solely responsible for seeking any remuneration or damages directly from the Service Provider.
Purchasers may request a service or product using the Services. When you request a service or product, you authorize Us to charge your credit card for the requested product or service. In requesting a product or service, you agree to pay the cost, plus fees and shipping. If you have questions about a product or service but do not want to make a transaction, you agree instead to contact the seller using the Services.
Purchasers of pet services may only seek services for legally owned, vaccinated, and appropriately permitted pets in accordance with all local, state, and federal laws.
Product Sellers and Service Providers, you have no obligation to provide a product or service until you accept a request from a Purchaser. You must accept the Purchaser’s request before it expires or the Purchaser is under no obligation to complete the transaction. You may use discretion in accepting requests from Purchasers, but you may not discriminate against other Users as stipulated in the Terms.
Purchasers and Product Sellers or Service Providers who have entered into an agreement are responsible for performing their agreements. We are not a party to the agreement and have no obligation to perform any terms, excepting the facilitation of payment processing.
Product Sellers of homemade or noncommercial products must provide an accurate picture of the exact item offered, not a representative product. Purchasers acknowledge that most products sold on the Services are home made and may have unique features or imperfections. Product Sellers agree not to provide pictures that mask or hide any product imperfections.
Service Providers must provide accurate pictures of any service areas, such as grooming or boarding facilities.
You authorize Us to charge a listing, referral, or service fee on every transaction as stipulated in the Terms. Currently, we assess a 10% service fee on every transaction based on the total amount paid by the Purchaser.
Reviews are an important part of the Services. You agree to only post information in reviews and feedback that accurately reflects your personal experiences. You may not use the Services to provide false or misleading information. If you are a Product Seller or Service Provider, you expressly may not post negative reviews for the purpose of drawing business from or hindering the business interests of another Product Seller or Service Provider.
Purchasers of pet services are required to collect their pet at the end of any agreed service. Failure to retrieve a pet on time will result in additional charges and fees.
If a pet has not been retrieved within seven days of the completion of service, regardless of communication with the Service Provider or Us, such abandonment of the pet will result in the pet being placed in foster care or under the care of animal control authorities. Purchasers of pet services agree to authorize Us to charge your method of payment for any costs we incur as a result of your failure to retrieve your pet. You agree to indemnify Us from any additional costs or expenses we, or you, may incur as a result of your failure to retrieve your pet.
Petstore.com will not sell, share or rent your personal information to any outside parties, except as outlined in this policy. We collect information from you to process orders and better serve you with pertinent information, such as order confirmations and order status updates. Information collected includes but is not limited to your name, shipping address, billing address, telephone numbers, email address and payment information, such as your credit/debit card number.
You agree to allow Us to provide your shipping or service address and contact information to any Product Seller or Service Provider with whom you have requested a transaction. You agree that Petstore.com and any Purchaser, Product Seller, or Service Provider with whom you interact on the Services are independent data controllers or Purchaser’s personal information. We are only responsible for Our use and storage of your personal information. Once we release or share your personal information as stipulated in the Terms, We are not responsible for any use or misuse of your information by an independent data controller.
Product Sellers and Service Providers are only granted use of any user’s personal information for the express purposes of the marketplace. You may not sell, share, or rent any personal information you have come to possess as a data controller through use of the Services. If We incur any fines, damages, or expenses as a result of your use (or misuse) of data you control, you agree to indemnify Petstore.com for any expenses it occurs in connection with your use or misuse of user personal information. You agree that you are responsible to remunerate us for any cost or expense related to your misuse of user personal information.
All users must create an account with Petstore.com to use some of our Services. To create and have an account with Petstore.com, you must:
Be 18 years or older. Minors (at least 13 years of age) are only permitted to use our Services through the account of a parent or legal guardian with their permission and direct supervision. Children under the age of 13 are not permitted to use our Services. You are solely responsible for any activity conducted by a minor on your account.
Be a permanent resident of the United States.
Choose a user name that does not have language that is offensive, vulgar, infringes the intellectual property of others, or violates the Terms. Petstore.com reserves the right to reject a user name based on Our subjective judgment on what constitutes a breach of this requirement.
Protect your password.
Comply with all laws and ordinances applicable to your use of our Services.
Purchasers of pet services must ensure that your pet(s) are vaccinated and licensed as required by local law.
For Service Providers, this includes that you are legally eligible to work in the jurisdiction where you provide Pet Care Services, you have complied and will comply with all federal, state, county, municipal and other laws, statutes and ordinances that are applicable to you, and you have obtained all business licenses, permits, and fulfilled any other necessary requirements to legally provide pet care services.
Any content that you post, upload, submit, or otherwise contribute while using our Services is your Content. For example, Your Content includes but is not limited to your user name, pictures, listing description, listing photos, comments, messages, and reviews. Petstore.com makes no claims to Your Content.
By posting or contributing Your Content, you grant Petstore.com a license to use it. By posting Your Content, you grant Petstore.com an irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable, perpetual license to use, transmit, copy, display, edit, modify, reproduce, distribute, store, and prepare derivative works of Your Content. This license is necessary for Petstore.com to promote your store through our Services. You recognize Our legitimate right to use Your Content.
You are solely responsible for your content. You represent that you have the legal right to Your Content and that you are not infringing or violating any other party’s rights. You represent that you have the rights to grant the license in Section 5.2
You agree that you will not submit any inappropriate, false, or misleading content. You will not post content that is pornographic, obscene, vulgar, racist, threatening, abusive, depictive of nudity or graphic violence, defamatory, or that violates the rights of others. We reserve the right to use Our subjective judgment on what constitutes such Content.
Petstore.com reserves the right to monitor, edit, and remove Your Content at any time for any reason.
Petstore.com has no obligation to store, retain, or provide you with copies of Your Content. We have no liability to you for any loss, deletion, or modification of Your Content.
Petstore.com grants you a limited, non-exclusive, non-transferable, and revocable license to use our Services. Your license to use our Services is limited to the Terms and restrictions disclosed throughout this agreement.
You agree that you will only use the Services in a lawful manner for their intended purposes.
You agree that you will not break any laws in connection to your use of the Services, including any laws and regulations (local, state, federal, international) that may apply to you or your pet. You agree that you will not sell any product, offer any service, or seek any pet service that violates any laws.
You may not discriminate based on race, color, ethnicity, national origin, disability, religion, sexual orientation, gender identity, marital status, or any basis protected by civil rights laws. Non-discriminatory use of the Services includes: (a) You may not decline a request for a transaction based on any of the above categories; (b) you may not post any Content on the Services that implies or indicates discrimination in any of the above categories (c) You will offer the same terms, conditions, and prices without discrimination based on the above categories; (d) You will not refuse to provide reasonable accommodations to persons with disability.
You agree that you will not (a) crawl, scrape, spider, reverse engineer, or attempt to obtain the Service’s source code or scripts or personal information of other users; (b) interfere with or disrupt the Services; (c) submit or distribute a virus, malware, or other harmful computer code.
You agree that you will not: (a) use the Services to connect with another user and then complete transactions outside the marketplace; (b) use the Services in any way that violates the law; (c) send “spam” or any sort of communication not authorized by or within the intended scope of the Services; (d) solicit personal or user information, including username and password.
You agree and represent that you have any permits and licenses required for you to legally operate as a Service Provider or Product Seller.
You agree and represent that you have any necessary licenses and vaccinations for your pet, that you have the legal right to own your pet, and that your pet is not a danger. You may not seek services for a pet that has harmed another pet or person. You may not seek services for venomous pets or pets that pose a potential threat to another person or pet.
You agree that you will (a) provide accurate and true information that does not misrepresent your identity, personal information, products, or services; (b) not transfer or authorize use of Your account on the Services to another person; (c) submit honest and accurate review and feedback Content that truthfully depicts your own experiences.
You agree and accept that all Content must be directly limited to pet care products and pet services. Product Sellers other than Petstore.com may only list noncommercially produced (home made), hand made or small batch, products that are new and unused.
You are responsible for paying for any transactions you make using Our Services, including all fees that you owe Us. You are solely responsible for collecting and paying any applicable taxes, tariffs, assessments and charges assessed or levied against the products and/or services for any provision, purchase, or sale you make through the Services.
Petstore.com reserves the right to adjust prices at its discretion with proper notice to Purchaser. In the event a product listed under the user account Petstore is labeled with an incorrect price due to some typographical, information, technical or other error, Petstore.com shall at its sole discretion have the right to refuse and/or cancel any order for said product and immediately amend, correct and/or remove the inaccurate information.
You authorize Us to charge your credit card or process your payment method for fees and charges you incur using the Services. You are required to provide Us with valid and up to date payment information. You agree that We are not responsible for any failure to provide services that result because We cannot charge your credit card or otherwise process your payment.
If a Purchaser wishes to cancel a request for pet service, the Purchaser must do so at least twenty four (24) hours prior to the time of service or shipment of the product.
Delivery will be F.O.B. point of shipment. Unless otherwise directed by Purchaser, Petstore.com will pre-pay the freight and bill Purchaser for shipping and handling charges. Purchaser assumes all risk of loss during delivery of products. In the absence of instructions to the contrary, Petstore.com or the Product Seller, on behalf of the Purchaser, shall exercise its own discretion as to the method of shipment to be used and the selection of the carrier but shall not be deemed thereby to assume any liability in connection with the shipment nor shall the carrier thereby be deemed an agent of Petstore.com.
If any package is lost or damaged in transit, the Purchaser must contact the Product Seller for a resolution. In such cases, the Product Seller is obligated to file a damage claim or missing package trace with the carrier. If the Product Seller is offering insurance on the shipment, the Product Seller is required to procure and pay for shipping insurance.
No goods shall be returned for credit, exchange, or refund without prior Return Merchandise Authorization (RMA) from Petstore.com. All goods returned without such prior authorization will not be accepted by Petstorec.om and will be returned to the purchaser freight collect.
You accept that, unless expressly provided in the Terms, all fees paid through use of the Services are non-refundable.
Products and services are net due upon purchase. Purchaser shall pay interest on any invoice not paid when due from the due date to the date of payment at the rate of one and one-half (1–1/2%) percent per month or such lower rate as may be the maximum allowable by law. If the Purchaser fails to make payment when due, Petstore.com may pursue any legal or equitable remedies, in which event Petstore.com shall be entitled to reimbursement for costs of collection and reasonable attorney’s fees. There shall be no time limit as to when Petstore.com shall pursue any legal or equitable remedies. Reasonable annual costs of collection and attorney fees shall be defined as the greater of a maximum of $50,000, one hundred percent (100%) of compounded collection amount, or maximum allowable by law.
You accept and agree that We charge a listing, service, or referral fee on some transactions. By requesting or accepting a transaction You authorize Us to charge your provided payment method and accept all fees and charges related to the transaction.
Product Sellers and Service Providers will receive payment typically within one business day of a completed transaction. A transaction is complete when the Purchaser marks the transaction complete on the Services. Once these amounts have been disbursed, any further payment disputes are between the Purchaser and Product Seller or Service Provider; Petstore.com has no further obligation to mediate between the parties.
Purchasers of pet services acknowledge that failure to retrieve a pet will result in additional service charges based on the service rate established by the Service Providers listings or, in the absence of an established rate, a prorated amount up to one hundred ($100) US dollars per day of care. Purchasers agree and authorize Us to charge payment for any additional costs and expenses as a result of Your failure to retrieve Your pet.
If We determine according to our reasonable discretion that a Product Seller or Service Provider has not provided the product or service as listed, We may issue a whole or partial refund to a Purchaser. In such cases, the Product Seller or Service Provider is responsible to reimburse Us for any amount refunded to the Purchaser.
If a Service Provider cancels a service after it has been accepted, We will refund the Purchaser for any unprovided services. Service Providers that cancel services may have their use of the Services suspended or terminated.
The cancellation policies described in the terms may not apply in certain emergency situations beyond the control of the Service Provider, such as extreme weather or other natural disaster.
SUSPENSION AND TERMINATION
You may terminate your account at any time from your account settings.
You do not have any contractual right to use the Services. You understand and agree that We have no obligation to provide the Services to You, nor any obligation to continue providing it once we have begun. We may terminate or suspend Your account (including any related accounts) and your access to the Services for any reason, at any time, and without advance notice. We may refuse service to anyone, at any time, for any reason.
Termination of your account, by You or Us, may result in a loss of information associated with your account, including your Content.
The Terms will remain in effect after your access to the Services is suspended, terminated, or otherwise ends.
Users of the marketplace are solely and fully responsible to evaluate and investigate other users of the marketplace.
You use the Services at your own risk. Petstore.com does not guarantee that the Services will be available at any particular time, that the Services will be free of defects or errors, that the Services will be free of viruses or malware, or that the Services will meet your expectations.
We disclaim, and you expressly release Us from, any and all liability whatsoever related to instances of any interactions between you and other users of the Services, including acts and omission of acts by Purchasers, Product Sellers, and Services Providers, both online and offline. Your use and provision of services and products is at your sole and exclusive risk.
To the maximum extent permitted by applicable law, under no circumstances or event will Petstore.com or any of Our employees be liable for any damages whatsoever arising out of or relating to the conduct of you or anyone else in connection with the Services, including without limitation, bodily injury, emotional distress, or any other damages resulting from the Content posted on or transmitted through the Services, or for any interactions with other users of the Services, whether or not damage, harm, or distress occurs through direct use, indirectly, or apart from use of the Services, including losses or damages arising from users who attempt to defraud or harm you. In no event shall Petstore.com’s aggregate liability for any damages exceed one hundred ($100) US Dollars (USD) or the amount You paid Petstore.com in the past twelve (12) months for service, listing, or referral fees. Some jurisdictions do not allow this limitation, so the above limitations may not apply to you.
You release us from all liability relating to your interactions with other users. You understand that, although we may attempt to verify the information of users of the Services, we do not screen users of our Services and make no assertions or guarantees about users. Exercise caution and sound judgment whenever you interact with other users of the Services, especially if you are meeting in person or granting a user access to your pet or residence.
Petstore.com will not be liable for any objectionable or offensive content you encounter through use of the Services. Although Petstore.com actively removes content We deem objectionable, offensive, misleading, or inaccurate, Petstore.com is not responsible for the accuracy, copyright compliance, legality, or decency of any content posted by users that you access through the Services. You release us from all liability relating to that content.
The Services may contain links to third-party websites or services that we do not control, such as Facebook or Instagram. When you access any third-party services, you do so at your own risk.
You understand that our Services are provided “as is” and without any kind of warranty (express or implied). We expressly disclaim any warranties of title, non-infringement, merchantability, and fitness for a particular purpose, as well as any warranties implied by a course of performance, course of dealing, or usage of trade.
You understand that, with the exception of some products listed by the user account Petstore with the email address email@example.com, We do not store or inspect any of the products sold through our Services. Petstore.com provides the venue, but the products are produced, listed, and sold directly by independent sellers. As such, we make no warranty about their quality, safety, or legality. All legal claims related to products you purchase through the Services must be brought directly against the independent seller of that product. You release Petstore.com from any claims related to products sold through our Services, including but not limited to products that are defective, misrepresented by the sellers, or cause harm.
You understand that Petstore.com does not offer pet care services. Petstore.com provides a venue for Purchasers to arrange pet care services with Service Providers, but we do not offer, provision, or perform pet care services. As such, we make no warranties or claims about the quality, safety, or legality of any pet care services offered on this marketplace. All legal claims related to services you procure through use of our Services must be brought directly against the independent Service Provider. You release Petstore.com from any claims related to services offered or provisioned through our Services, including any service that was fraudulent, misrepresented by the sellers, or resulted in harm to a person or pet, or damage to property.
You are solely responsible to resolve any dispute with another user of the Services or third party. In our sole discretion, Petstore.com may attempt to help resolve a dispute between parties in good faith based on our interpretation of our policies and Terms. Petstore.com has no obligation to resolve any disputes.
You and Petstore.com agree that any dispute or claim arising from or relating to the Terms or use of the Services shall be settled through final and binding arbitration, rather than in a court, using the English language, by an independent arbiter mutually agreed upon by the parties. The arbiter will decide the substance of all claims in accordance with the laws of California and will honor all claims of privilege recognized by law. Any arbitration will take place on an individual basis. Class arbitrations and class actions are prohibited. You understand that by agreeing to the Terms, you and Petstore.com are each waiving the right to trial by jury or to participate in a class action or class arbitration. If any term, clause, or provision of this arbitration agreement is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses, and provisions of this section will remain valid and enforceable.
You agree to defend, indemnify, and hold Petstore.com harmless from any legal claim or demand, including attorney’s fees, that are in any way related to your actions, your use (or misuse) of the Services (online or offline), your breach of the Terms, your interactions (including transactions and disputes) with other users of the Services, property or personal damage caused by or to you or your pet or to a pet in your care, your Content, or your infringement of someone else’s rights. We reserve the right to handle and control our legal defense as we see fit. You agree that you will cooperate with us in any matter subject to indemnification and that you will not settle any such claim without our advance written consent.
Your use of the Services does not grant You the right or permission to use of Our trademarks or intellectual property. The name “Petstore.com” and the Petstore.com logos, designs, marks, and phrases that We use in connection with the Services are trademarks, service marks, and trade dress that are Our intellectual property.
You agree that the Services (excluding your Content), including but not limited to logos, graphics, user interface, media, editorial content, scripts, and software used to implement the Services, contain proprietary information that is owned by Petstore.com and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright. You agree that you will not use any such proprietary information or materials except for use of the Services for personal, noncommercial use in compliance with the Terms. Your right to access and use the Services does not license or convey any of Petstore.com’s proprietary rights to anyone, including you. You agree not to modify, rent, loan, sell, or distribute the Services or content in any manner.
Petstore.com is committed to respecting intellectual property rights and to removal of any content on the Services that infringes upon the intellectual property, trademark, or copyright of any party. If you are the owner or right holder of content that has been illegitimately posted to the Services and you want it removed, please contact firstname.lastname@example.org with your claim. If your Content is found to infringe upon the intellectual property rights of others, you will be warned, your infringing Content will be removed, and, in the case of repeated infringements, your account will be terminated.
CHANGES TO TERMS
We reserve the right to change or update the Terms. We will notify you through the Services or through email of any changes to the terms we believe to be material. Unless otherwise specified, changes will be effective upon the posting of the changes. Your use of the Services following any changes to the Terms constitutes your acceptance of the updated Terms.
Nothing in the Terms makes either party the employer, employee, partner, agent, contractor, legal representative, joint venturer, franchiser, franchisee of the other. The slogan “Pet Care Partner” does not establish, convey, or imply any partnership between Petstore.com and any other party. A Pet Care Partner is an independent party operating as a Product Seller or Service Provider that offers products and/or services to a Purchaser through the Services.
The Terms supersede any other agreement between you and Petstore.com regarding the Services. If any term or provision in these Terms is deemed invalid, illegal, or unenforceable, that clause, term, or provision will in no way affect the validity, legality, or enforceability of any other portion of these Terms. In the event a term, or portion of a term, is determined to be invalid or unenforceable, the parties agree to substitute a term that is valid and enforceable that comes closest to expressing the term that was deemed invalid or unenforceable.
For any questions about the Terms, please contact Petstore.com by email at email@example.com or by mail (postage prepaid) at Petstore.com, 14271 Corporate Drive, Garden Grove, CA, 92843.