Terms of Use
EFFECTIVE DATE: AUGUST 11, 2023
As a legally binding agreement between you and Petnax.com, these terms and conditions outline your access to our website for you and any agents you appoint to act on your behalf. They apply both to the standard website, designed to work on desktop computers, and our mobile platforms that are customized for use on mobile devices, such as smartphones and tablets. These terms apply equally to any applicable subdomains or sections of our website along with any and all relevant links and backlinks contained therein. Hereafter, “site” will refer to Petnax.com website. “Application” will refer to the program interfaces contained in the site. “Services” will refer to any services that Petnax.com provides. All of these together comprise what is known as “the platform.” “We,” “us,” and “our” all refer to Petnax.com. All other policies and procedures are listed in the following text:
The privacy policy is described in our Privacy Policy section, and contains all of the strictures and procedures that govern our use of your personal information as applicable to all of your use of our platform.
Section 1 delineates the rules for posting listings. These internal rules are subject to all of the additional laws, federal, state, and local, rules, and regulations as set forth in various applicable legislative documents. By using our platform, all breeders accept all responsibility for complying with these laws, rules, and regulations. As an example, some states require licenses for cat or dog breeding. All breeders must see to their own licensure, if necessary, in accordance with all applicable laws, rules, and regulations.
N.B.-These terms are subject to change without notice. It is within our sole discretion to do so at any time. Every time that we change these terms, we will make the new terms and conditions available on the platform. The “last updated” date will reflect the latest changes. We will use what we consider the most likely method of reaching you forthwith, which will usually be email but will also include other methods if required by law. We may also post such changes in the application or on the site itself. We might also require you to reestablish your consent to these terms and conditions each time that we enact changes. You are not required to reestablish said consent, but if you do not, then you shall not be permitted access to the platform. In instances where we do not require reestablishment of consent, your continued use of the platform will constitute tacit consent. It is incumbent upon you to check the platform regularly to see if there are any changes to these terms and conditions.
1. SCOPE OF AGREEMENT
Registered users, hereafter referred to as “members” and their cats and dogs, hereafter referred to as “pets,” may use the platform in any manner consistent with these terms and conditions, such as breeding pets, selling the offspring, and providing applicable pedigrees. Members who sell their pets’ offspring will hereafter be referred to as “breeders” while the services they offer will be referred to as “breeder services.” Those members seeking either pets or services from breeders will be referred to as “buyers,” and the notations on the site of such offers will, as stated, be referred to as “listings.”
2. We do not create, sell, resell, control, manage, deliver, offer, supply, or own any listings or breeder services. All breeders are responsible for both their own listings and the text contained therein. Any sale of pet, service, or both shall be considered a contract between the breeder and the buyer. We are not considered either a party to or participant in any contract or other business relationship of any kind between breeder and buyer. We are also not ourselves breeders, and we do not act on behalf of any member in any way.
3. The term “Verified” indicates that a member has completed all of the relevant steps to be verified for any certain process involved with being a member of the platform. All similar language applies equally. We do not guarantee anything about any member. We do not provide any specific representation about any member in any way, including the timing, reliability, safety, quality, suitability, or even the legality of any listings or breeder services. Indeed, we also cannot guarantee the very existence of any member, listing, or any other characteristics of members or the truthfulness of their content and listings. The policies contained here in section 3 also apply to third parties and their own members. We also do not endorse any member, breeder service, or listing. Due diligence is your responsibility, and the concept of “caveat emptor” applies to every transaction on the platform. Neither we nor our affiliates nor our licensors are responsible for any member’s conduct, whether online or offline, any breeder service, or listing on the platform. Neither we nor our affiliates nor our licensors shall be held liable for any claim, injury, or damage that comes about through your use of the platform.
4. Our platform may contain links, including backlinks, to other websites and applications. Hereafter, these other websites and applications shall be referred to as third-party services. Each of these third-party services might have its own terms and conditions that are separate from these terms and conditions. You must remember that acceptance of our terms and conditions does not necessarily mean that you have also accepted the terms and conditions of these third-party websites. The opposite is also true. Obviously, we also cannot be held responsible for the accuracy and availability of products and services provided on these third-party websites nor can we be held responsible for the quality of their products and services. The links on the platform do not constitute endorsement of these third-party services in any way.
5. The internet is unpredictable; therefore, we cannot guarantee its functionality. We always make our best effort to present and make our platform accessible, but there are things beyond our control for which we cannot be held responsible. In certain cases, we shall also restrict access to our platform in its entirety or in part. These cases include exceeding of capacity limits, threats to the security of the platform or our servers, or providing periodic and necessary maintenance to the platform’s infrastructure. We also reserve the right to modify the platform in any way to provide better service and to enhance performance.
6. By agreeing to these terms and conditions and using the platform, each member bestows upon us worldwide rights to use, reproduce, adapt, display, perform, modify, and distribute publicly all applicable listings and member content. Such use is royalty-free, nonexclusive, and fully paid. Fair use of this information includes marketing in various media, including social media platforms, emails, and print.
2. REGISTRATION AND VERIFICATION
1. Members must be at least 18 years of age to join the platform. This stricture ensures that each member may enter into contracts. If you register for an account, download any information, or even access any listing, you verify that you have read and accepted these terms and conditions and that you are 18 years of age or older. If any of these conditions do no apply, then you are not allowed to access or use the platform in any way.
2. Because internet user verification is difficult, we do not acknowledge or assume any responsibility for confirming anyone’s identity. Nevertheless, we exercise our own due diligence to strive to prevent fraud and to present a fully transparent business practice. We do this in accordance with all applicable federal, state, and local laws. We might ask members to provide a valid and current government ID. We might also ask them to undergo additional checks in a quest to confirm their identities and backgrounds. Further, we might request information from various third parties and applicable databases. Once we can reasonably assume that we have verified a prospective member by having sufficient information to do so, we might seek public criminal records, lists of animal abusers, and any other available checks that we might deem necessary if they are available.
3. To publish a listing or contact any other members, you must first register an account. You must have an active account to use all platform features. If you register an account on behalf of a business or other corporate entity, then you must also confirm that you have the legal authority to do so and that you have also confirmed with that corporate entity that it, too, agrees with and accepts these terms and conditions. You must also confirm that you, as an individual, have not been barred or otherwise refused access to the platform for any reason allowed by applicable federal, state, or local law.
4. In some cases, prospective members might be asked to verify their mobile phone numbers before activating their accounts. Usually, this involves us sending the prospective member a text message that contains a verification code that the prospective member enters into the site when completing account creation.
5. You must be truthful with all information you provide us. Such information must also be current and accurate. This information will hereafter be referred to as “profile data.” You must also update your profile data periodically so that it remains accurate, current, and complete. Providing false or incomplete information intentionally is grounds for either suspension or termination of your account. We reserve the right to suspend or terminate your account at any time if we have reasonable suspicion that you have purposely provided false information. Further, we also reserve the right to prevent you from creating another account on the platform. We may even take such actions simply for expedience’ sake. You agree not to create an account using a false name or anyone else’s behalf.
6. You’re allowed to have only one account unless we tell you otherwise. You may not transfer your account to another person or party.
7. We reserve the right to prohibit any username that might infringe on anyone’s rights, including those of a third party, and also to force you to change any username that violates such a prohibition for any reason. You must agree not to create another account if you have been banned from the platform in whole or in part in the past. If your ban involves only part of the platform, then you agree only that you shall not use the part of the platform from which you have been previously banned.
8. We may offer promotions for new members with trial period to try our platform free of charge, however, you may still be required to make a micro payment of $1 for account verification purposes.
3. PROHIBITED ACTIVITIES ON THE PLATFORM
1. All of the information contained on the platform is protected by worldwide copyright. These terms and conditions provide you with a limited license to use and/or reproduce certain portions of the platform. Such use and/or reproduction is limited to the furtherance of your personal business activity as either a buyer or a breeder on the platform. Unless we grant you a specific separate license, all use of this platform is governed by these terms and conditions.
2. Specific prohibitions apply to the entirety of the platform. You will not do any of the following nor will you assist anyone else in doing any of the following:
(1) Sell, rent, transfer, license, assign, lease, distribute, host, reproduce, or otherwise exploit any portion of the platform, including the site
(2) Use the platform as a template to create a competing platform, service, or application
(3) Use any information about any other member or third party in any way that is not in compliance with these terms and conditions or our privacy policy, including violating any members individual rights or the rights of third parties outside the scope of these terms and conditions
(4) Use the platform to spam anyone
(5) Offer any breeder services that you neither own or have authorization to provide
(6) Harm us in any way, which includes using unauthorized information, authorized information in a manner that is unauthorized, registering any domain name, trademark, trade name, or other identifying term that is the same as our name or is similar enough to our name to cause confusion in the marketplace and possibly leverage our brand illegally
(7) Harvest any data from the platform by any technological means, such as scraping or similar techniques, for any purpose, nefarious or otherwise
(8) Attempt to bypass, deactivate, impair, or otherwise any company security measure of the platform or of the similar platforms of any of our providers for any purpose
(9) Violate or infringe anyone's rights, described or implicit, or to harm anyone else in any way
3. Certain areas of the platform are subject to separate terms and conditions that either add to these already-existing terms and conditions or supersede them. In these cases, such terms and conditions will be referred to as “supplemental terms.” In case of a conflict between the two, the supplemental terms will apply unless otherwise specified.
4. Although we maintain the right to prescreen prospective members and disable, remove, edit, or otherwise modify and monitor all content and access to it, we are under no obligation to do so. However, by agreeing to these terms and conditions, along with all applicable supplemental terms, either by providing explicit consent or by using the platform, which in and of itself indicates consent, you irrevocably agree to such monitoring.
5. If an investigation is necessary for our protection, the security of information on the platform, to determine the extent and nature of possible breaches of both the terms and conditions and all applicable laws, or any other reason deemed appropriate by either outside investigatory bodies, which includes any police agency, or us, then members must agree to assist us in any such investigation in good faith.
6. Should you violate these terms and conditions, any applicable supplemental terms, or any applicable federal, state, or local laws, rules, and regulations, we reserve the right to investigate the matter. If we reasonably believe that you have indeed acted in such a way, then we reserve the further right to report you to any applicable legal authorities. We are entitled to disclose anything and everything applicable to your conduct, except where prohibited by law, and also to provide any listings and information regarding your breeder services or buying patterns where applicable. We do this to comply with all applicable federal, state, and local laws, rules, and regulations, to enforce these terms and conditions, including any applicable supplemental terms, to respond to allegations that your conduct infringed upon the rights of third parties, to respond to your requests for customer service, or to protect the rights and safety of our members and the public. It is in our sole discretion to provide this information as we deem appropriate.
4. TERMS SPECIFIC TO BREEDERS
1. When it comes to listings, you agree to follow the rules.
2. The information you provide in your listings must be accurate, current, and complete regarding the pet you intend to sell. The same applies to all other breeder services. You are allowed to place restrictions on buyers and to provide any other information you deem pertinent. You are solely responsible for the content of your listings and must execute due diligence regarding your listings’ accuracy and completeness.
3. Photos, animations, and videos will hereafter be referred to as “images.” The images in your listings must accurately portray any aspect of your breeder services.
4. When you create listings, you must create a separate listing for each breed if you have multiple breeds.
5. All breeders who use the platform must be residents of the United States or its territories. Any breeders located elsewhere will have their accounts terminated forthwith with no refund or compensation. N.B.-This applies only to breeders. Buyers may be located anywhere.
6. We have a zero-tolerance policy for puppy mills and pet stores, and none shall be allowed to register for an account. Any account discovered to be either a pet store or a puppy mill shall be terminated forthwith with no refund or compensation.
7. Breeders must remain active. Any breeder profile that has on it only expired ads or ads that have had no activity for 12 consecutive months will be deleted automatically.
8. As a breeder, you must abide by all federal, state, and local laws, rules, and regulations relevant to breeding and breeder services and must also provide proof of all applicable valid and current licenses, registrations, or permits.
9. Restricting listings:
We reserve the right to delete offensive, distasteful, illegal, or otherwise unsuitable data, images, or other disallowed items from the platform. This includes fake listings and untrue advertisements. We also reserve the right to restrict or delete accounts that violate these terms and conditions, any applicable supplemental terms, and all applicable federal, state, and local laws, rules, and regulations. Some of the content that is disallowed includes:
(1) Pets or litter is listed as the wrong breed.
(2) Breeder lists something other than a cat or a dog.
(3) Breeder manipulates images to place an advertisement in them.
(4) The listing contains anything false.
10. Auto-renewals, subscriptions, and cancellations:
There is a fee applicable for each breed that you list on our platform. You may select either monthly or annual charges. We also provide you with the option to renew your subscriptions automatically through PayPal. Should you wish to cancel your automatically renewed plan before the automatic renewal date, then you must do so through PayPal itself. We have no connection to PayPal and cannot cancel your automatic subscription renewals for you.
5. COMMUNICATION BETWEEN MEMBERS
You are responsible for the content of all communication between you and other members and/or third parties.
6. TERMINATION AND SUSPENSION
1. All of these terms and conditions, including supplemental terms, will remain in full force for the entire time that you use the platform.
2. You may feel free to cancel these terms and conditions at any time by emailing us or by removing your profile directly from the platform.
3. We reserve the right to cancel our agreement with you at any time and for any reason.
4. Once this agreement is canceled, you are not entitled to have your account back. You also may not apply to have a new account. Additionally, if either of us cancels this agreement, then any terms that should reasonably apply after such a cancellation will remain in effect.
7. DISCLAIMERS
Should you choose to access or make use of the platform, then you do so cognizant of the fact that such use is completely voluntary and that you assume all risk relevant to the interaction. Within the bounds of the applicable federal, state, and local laws, rules, and regulations, you must agree and understand that we and the content of our platform are provided “as is” and “as available.” All possible risk is solely yours. Again, within the bounds of the applicable federal, state, and local laws, rules, and regulations, our employees, agents, partners, affiliates, officers, owners, investors, licensors, and sources of finance, hereafter referred to as “our parties,” disclaim all warranties, conditions, and representations, whether expressly stated or merely implied, as they apply to all business conducted upon the platform.
We neither guarantee nor provide any warranty that our platform meets your needs, remains active without interruption, or is accurate, complete, and reliable. We also do not guarantee that any mistakes on the platform will ever be corrected.
Anything you download is done so at your own risk. You are solely responsible for any damage that occurs to your property as a result of accessing our platform. This includes possible computer damage, smartphone damage, or damage to any other technology that you use to access the platform in the first place.
Our service is subject to outages, and we make no guarantee nor warranty regarding the platform’s up time. Further, you agree that you have had ample opportunity to examine the platform to determine its quality. No oral or written advice we ever provide to you will create any warranty or guarantee that is not already delineated in these terms and conditions.
8. RELEASE
You agree to release us and any possible successors from any demands and claims, including any and all damages, actions, and rights of any type, which include property damage, injuries, and even death, that are either directly or indirectly tied to the use of the platform. This includes any interactions between members, between members and us, or between members and third parties. We disclaim any liability that may apply to interactions between members. Should there be a dispute, you release us from any responsibility regarding such a dispute, and this includes all of our subsidiaries and affiliates, their personnel, and our personnel. You also completely waive any protections that would, other than for the existence of these terms and conditions, limit the coverage of this release.
9. LIABILITY
You agree that the entire risk coming from your access to and use of the platform, at least to the extent permissible by law, including the publication of any listing or purchase made after accessing such a listing, your sale or purchase of a pet, or the use of any other breeder services is yours. Additionally, this applies to all other communications between you and other members whether that communication is online or “in the real world.” Neither we nor anyone else involved in the creation of the platform, the delivery of the services rendered within, or the maintenance thereof shall be liable for any damages of any kind that come about either through the use of the platform in any way or the acknowledgement of these terms and conditions.
10. INDEMNIFICATION
You agree to hold us harmless and indemnify us, our affiliates and subsidiaries, their personnel, and our personnel against any liabilities, damages, losses, claims and other expenses that include, without limitation, assorted fees, costs, and payments that stem from any breach of these terms and conditions, including any supplemental terms, our other policies and standards, any interaction you have with other members or with us, the sale or purchase of any breeder service or pet, or any other interaction with others upon the platform. You also agree to hold us equally harmless and to indemnify us regarding any possible breach of federal, state, and local laws, rules, and regulations that you might have committed in the course of using the platform or communicating with people outside of the platform. This indemnification applies equally to third parties and your communications with them.
11. APPLICABLE LAW AND JURISDICTION
1. You agree that federal, state, and local laws will govern the use of these terms and conditions and any claim or dispute that arises from your interaction with us. Additionally, these applicable federal, state, and local laws, rules, and regulations supersede any aspects of these terms and conditions that are inconsistent with the application and enforcement of these laws.
2. You agree that any dispute or claim between you and us must be adjudicated in Kings County of New York, by either a state or federal court located in New York. Both you and us agree to submit to the jurisdiction of these courts within New York when it comes to litigating such cases.
12. BUYER FEEDBACK AND RESPONSIBLE BREEDING PRACTICES
We value feedback from buyers, as it helps us assess if breeders are practicing responsible methods, which include the following points:
1. Ethical Breeding: We only allow breeders who uphold ethical standards in their practices, ensuring the well-being of the animals.
2. Health Assurance: Breeders must provide accurate health information for the animals they list, and misrepresentation of health or genetics is strictly prohibited.
3. No Negative Practices: We don't tolerate listings from breeders engaged in harmful practices such as puppy mills or overbreeding.
4. Feedback and Ratings: Buyers' honest feedback and ratings help maintain transparency and accountability in our community.
5. Addressing Concerns: We encourage both buyers and breeders to professionally and promptly address any concerns or disputes for a positive environment.
6. Animal Welfare: We have a zero-tolerance policy for animal abuse or neglect. Evidence of mistreatment may lead to immediate account action, including suspension or termination of a breeder's account without compensation.
13. GENERAL PROVISIONS
1. With the exception of additional terms and conditions, including additional supplemental terms, policies, standards, and guidelines that are amended to these terms and conditions, these terms and conditions comprise the complete agreement between you and us. As of this date, these terms and conditions supersede all previous versions of these terms and conditions, which include applicable supplemental terms, along with any other oral or written communication, agreements, and understandings between you, us, third parties, or any combination thereof relating to the use of the platform.
2. There is no joint venture or joint operational agreement between you and us because of this agreement. No relationship exists other than that outlined in these terms and conditions, particularly regarding your use of the platform.
3. Except where provided by law, these terms and conditions do not bestow any rights or remedies upon anyone other than you and us, the two parties involved with and stated within these terms and conditions and also in any supplemental terms.
4. If, for any reason, any portion of these terms and conditions, or part of any supplemental terms, becomes invalid, unenforceable, or simply no longer applicable because of any changes we make, any federal, state, or local laws, rules, and regulations, or both, then only that portion of these terms and conditions shall be stricken, and all other portions of these terms and conditions or supplemental terms shall remain in full effect.
5. Should we fail to assert our rights under these terms and conditions, that does not indicate a waiver of those rights unless we provide you such acknowledgement in writing. Except as provide for in these terms and conditions, or provided for by applicable federal, state, or local laws, rules, or regulations, any implementation of any proviso of these terms and conditions by either you or us will be treated without prejudice. Also, exercising rights bestowed by these terms and conditions shall not repudiate any other rights either you or us hold under both these terms and conditions and applicable federal, state, and local laws, rules, and regulations.
6. You are not allowed to transfer your rights, obligations, and privileges outlined in these terms and conditions, along with any applicable supplemental terms, to any one else without our written consent. We may, at our sole discretion, do just that. However, your right to terminate this agreement for this or any other reason is not affected by this provision.
7. All communications between you and us, between you and other members, or between you and third parties will be provided in writing, which includes email and text messages, and this applies in all cases except where such is not provided for in these terms and conditions or mandated otherwise by federal, state, or local laws. The date of the sending of the message is the applicable date when it comes to timelines. You agree that any time we communicate with you by email or text message, these communications fulfill our obligation to provide such communications in writing. This proviso does not affect your rights regarding the Electronic Signatures and National Commerce Act, which is outlined in 15 U.S.C. §7001 et sep.
As a legally binding agreement between you and Petnax.com, these terms and conditions outline your access to our website for you and any agents you appoint to act on your behalf. They apply both to the standard website, designed to work on desktop computers, and our mobile platforms that are customized for use on mobile devices, such as smartphones and tablets. These terms apply equally to any applicable subdomains or sections of our website along with any and all relevant links and backlinks contained therein. Hereafter, “site” will refer to Petnax.com website. “Application” will refer to the program interfaces contained in the site. “Services” will refer to any services that Petnax.com provides. All of these together comprise what is known as “the platform.” “We,” “us,” and “our” all refer to Petnax.com. All other policies and procedures are listed in the following text:
The privacy policy is described in our Privacy Policy section, and contains all of the strictures and procedures that govern our use of your personal information as applicable to all of your use of our platform.
Section 1 delineates the rules for posting listings. These internal rules are subject to all of the additional laws, federal, state, and local, rules, and regulations as set forth in various applicable legislative documents. By using our platform, all breeders accept all responsibility for complying with these laws, rules, and regulations. As an example, some states require licenses for cat or dog breeding. All breeders must see to their own licensure, if necessary, in accordance with all applicable laws, rules, and regulations.
N.B.-These terms are subject to change without notice. It is within our sole discretion to do so at any time. Every time that we change these terms, we will make the new terms and conditions available on the platform. The “last updated” date will reflect the latest changes. We will use what we consider the most likely method of reaching you forthwith, which will usually be email but will also include other methods if required by law. We may also post such changes in the application or on the site itself. We might also require you to reestablish your consent to these terms and conditions each time that we enact changes. You are not required to reestablish said consent, but if you do not, then you shall not be permitted access to the platform. In instances where we do not require reestablishment of consent, your continued use of the platform will constitute tacit consent. It is incumbent upon you to check the platform regularly to see if there are any changes to these terms and conditions.
1. SCOPE OF AGREEMENT
Registered users, hereafter referred to as “members” and their cats and dogs, hereafter referred to as “pets,” may use the platform in any manner consistent with these terms and conditions, such as breeding pets, selling the offspring, and providing applicable pedigrees. Members who sell their pets’ offspring will hereafter be referred to as “breeders” while the services they offer will be referred to as “breeder services.” Those members seeking either pets or services from breeders will be referred to as “buyers,” and the notations on the site of such offers will, as stated, be referred to as “listings.”
2. We do not create, sell, resell, control, manage, deliver, offer, supply, or own any listings or breeder services. All breeders are responsible for both their own listings and the text contained therein. Any sale of pet, service, or both shall be considered a contract between the breeder and the buyer. We are not considered either a party to or participant in any contract or other business relationship of any kind between breeder and buyer. We are also not ourselves breeders, and we do not act on behalf of any member in any way.
3. The term “Verified” indicates that a member has completed all of the relevant steps to be verified for any certain process involved with being a member of the platform. All similar language applies equally. We do not guarantee anything about any member. We do not provide any specific representation about any member in any way, including the timing, reliability, safety, quality, suitability, or even the legality of any listings or breeder services. Indeed, we also cannot guarantee the very existence of any member, listing, or any other characteristics of members or the truthfulness of their content and listings. The policies contained here in section 3 also apply to third parties and their own members. We also do not endorse any member, breeder service, or listing. Due diligence is your responsibility, and the concept of “caveat emptor” applies to every transaction on the platform. Neither we nor our affiliates nor our licensors are responsible for any member’s conduct, whether online or offline, any breeder service, or listing on the platform. Neither we nor our affiliates nor our licensors shall be held liable for any claim, injury, or damage that comes about through your use of the platform.
4. Our platform may contain links, including backlinks, to other websites and applications. Hereafter, these other websites and applications shall be referred to as third-party services. Each of these third-party services might have its own terms and conditions that are separate from these terms and conditions. You must remember that acceptance of our terms and conditions does not necessarily mean that you have also accepted the terms and conditions of these third-party websites. The opposite is also true. Obviously, we also cannot be held responsible for the accuracy and availability of products and services provided on these third-party websites nor can we be held responsible for the quality of their products and services. The links on the platform do not constitute endorsement of these third-party services in any way.
5. The internet is unpredictable; therefore, we cannot guarantee its functionality. We always make our best effort to present and make our platform accessible, but there are things beyond our control for which we cannot be held responsible. In certain cases, we shall also restrict access to our platform in its entirety or in part. These cases include exceeding of capacity limits, threats to the security of the platform or our servers, or providing periodic and necessary maintenance to the platform’s infrastructure. We also reserve the right to modify the platform in any way to provide better service and to enhance performance.
6. By agreeing to these terms and conditions and using the platform, each member bestows upon us worldwide rights to use, reproduce, adapt, display, perform, modify, and distribute publicly all applicable listings and member content. Such use is royalty-free, nonexclusive, and fully paid. Fair use of this information includes marketing in various media, including social media platforms, emails, and print.
2. REGISTRATION AND VERIFICATION
1. Members must be at least 18 years of age to join the platform. This stricture ensures that each member may enter into contracts. If you register for an account, download any information, or even access any listing, you verify that you have read and accepted these terms and conditions and that you are 18 years of age or older. If any of these conditions do no apply, then you are not allowed to access or use the platform in any way.
2. Because internet user verification is difficult, we do not acknowledge or assume any responsibility for confirming anyone’s identity. Nevertheless, we exercise our own due diligence to strive to prevent fraud and to present a fully transparent business practice. We do this in accordance with all applicable federal, state, and local laws. We might ask members to provide a valid and current government ID. We might also ask them to undergo additional checks in a quest to confirm their identities and backgrounds. Further, we might request information from various third parties and applicable databases. Once we can reasonably assume that we have verified a prospective member by having sufficient information to do so, we might seek public criminal records, lists of animal abusers, and any other available checks that we might deem necessary if they are available.
3. To publish a listing or contact any other members, you must first register an account. You must have an active account to use all platform features. If you register an account on behalf of a business or other corporate entity, then you must also confirm that you have the legal authority to do so and that you have also confirmed with that corporate entity that it, too, agrees with and accepts these terms and conditions. You must also confirm that you, as an individual, have not been barred or otherwise refused access to the platform for any reason allowed by applicable federal, state, or local law.
4. In some cases, prospective members might be asked to verify their mobile phone numbers before activating their accounts. Usually, this involves us sending the prospective member a text message that contains a verification code that the prospective member enters into the site when completing account creation.
5. You must be truthful with all information you provide us. Such information must also be current and accurate. This information will hereafter be referred to as “profile data.” You must also update your profile data periodically so that it remains accurate, current, and complete. Providing false or incomplete information intentionally is grounds for either suspension or termination of your account. We reserve the right to suspend or terminate your account at any time if we have reasonable suspicion that you have purposely provided false information. Further, we also reserve the right to prevent you from creating another account on the platform. We may even take such actions simply for expedience’ sake. You agree not to create an account using a false name or anyone else’s behalf.
6. You’re allowed to have only one account unless we tell you otherwise. You may not transfer your account to another person or party.
7. We reserve the right to prohibit any username that might infringe on anyone’s rights, including those of a third party, and also to force you to change any username that violates such a prohibition for any reason. You must agree not to create another account if you have been banned from the platform in whole or in part in the past. If your ban involves only part of the platform, then you agree only that you shall not use the part of the platform from which you have been previously banned.
8. We may offer promotions for new members with trial period to try our platform free of charge, however, you may still be required to make a micro payment of $1 for account verification purposes.
3. PROHIBITED ACTIVITIES ON THE PLATFORM
1. All of the information contained on the platform is protected by worldwide copyright. These terms and conditions provide you with a limited license to use and/or reproduce certain portions of the platform. Such use and/or reproduction is limited to the furtherance of your personal business activity as either a buyer or a breeder on the platform. Unless we grant you a specific separate license, all use of this platform is governed by these terms and conditions.
2. Specific prohibitions apply to the entirety of the platform. You will not do any of the following nor will you assist anyone else in doing any of the following:
(1) Sell, rent, transfer, license, assign, lease, distribute, host, reproduce, or otherwise exploit any portion of the platform, including the site
(2) Use the platform as a template to create a competing platform, service, or application
(3) Use any information about any other member or third party in any way that is not in compliance with these terms and conditions or our privacy policy, including violating any members individual rights or the rights of third parties outside the scope of these terms and conditions
(4) Use the platform to spam anyone
(5) Offer any breeder services that you neither own or have authorization to provide
(6) Harm us in any way, which includes using unauthorized information, authorized information in a manner that is unauthorized, registering any domain name, trademark, trade name, or other identifying term that is the same as our name or is similar enough to our name to cause confusion in the marketplace and possibly leverage our brand illegally
(7) Harvest any data from the platform by any technological means, such as scraping or similar techniques, for any purpose, nefarious or otherwise
(8) Attempt to bypass, deactivate, impair, or otherwise any company security measure of the platform or of the similar platforms of any of our providers for any purpose
(9) Violate or infringe anyone's rights, described or implicit, or to harm anyone else in any way
3. Certain areas of the platform are subject to separate terms and conditions that either add to these already-existing terms and conditions or supersede them. In these cases, such terms and conditions will be referred to as “supplemental terms.” In case of a conflict between the two, the supplemental terms will apply unless otherwise specified.
4. Although we maintain the right to prescreen prospective members and disable, remove, edit, or otherwise modify and monitor all content and access to it, we are under no obligation to do so. However, by agreeing to these terms and conditions, along with all applicable supplemental terms, either by providing explicit consent or by using the platform, which in and of itself indicates consent, you irrevocably agree to such monitoring.
5. If an investigation is necessary for our protection, the security of information on the platform, to determine the extent and nature of possible breaches of both the terms and conditions and all applicable laws, or any other reason deemed appropriate by either outside investigatory bodies, which includes any police agency, or us, then members must agree to assist us in any such investigation in good faith.
6. Should you violate these terms and conditions, any applicable supplemental terms, or any applicable federal, state, or local laws, rules, and regulations, we reserve the right to investigate the matter. If we reasonably believe that you have indeed acted in such a way, then we reserve the further right to report you to any applicable legal authorities. We are entitled to disclose anything and everything applicable to your conduct, except where prohibited by law, and also to provide any listings and information regarding your breeder services or buying patterns where applicable. We do this to comply with all applicable federal, state, and local laws, rules, and regulations, to enforce these terms and conditions, including any applicable supplemental terms, to respond to allegations that your conduct infringed upon the rights of third parties, to respond to your requests for customer service, or to protect the rights and safety of our members and the public. It is in our sole discretion to provide this information as we deem appropriate.
4. TERMS SPECIFIC TO BREEDERS
1. When it comes to listings, you agree to follow the rules.
2. The information you provide in your listings must be accurate, current, and complete regarding the pet you intend to sell. The same applies to all other breeder services. You are allowed to place restrictions on buyers and to provide any other information you deem pertinent. You are solely responsible for the content of your listings and must execute due diligence regarding your listings’ accuracy and completeness.
3. Photos, animations, and videos will hereafter be referred to as “images.” The images in your listings must accurately portray any aspect of your breeder services.
4. When you create listings, you must create a separate listing for each breed if you have multiple breeds.
5. All breeders who use the platform must be residents of the United States or its territories. Any breeders located elsewhere will have their accounts terminated forthwith with no refund or compensation. N.B.-This applies only to breeders. Buyers may be located anywhere.
6. We have a zero-tolerance policy for puppy mills and pet stores, and none shall be allowed to register for an account. Any account discovered to be either a pet store or a puppy mill shall be terminated forthwith with no refund or compensation.
7. Breeders must remain active. Any breeder profile that has on it only expired ads or ads that have had no activity for 12 consecutive months will be deleted automatically.
8. As a breeder, you must abide by all federal, state, and local laws, rules, and regulations relevant to breeding and breeder services and must also provide proof of all applicable valid and current licenses, registrations, or permits.
9. Restricting listings:
We reserve the right to delete offensive, distasteful, illegal, or otherwise unsuitable data, images, or other disallowed items from the platform. This includes fake listings and untrue advertisements. We also reserve the right to restrict or delete accounts that violate these terms and conditions, any applicable supplemental terms, and all applicable federal, state, and local laws, rules, and regulations. Some of the content that is disallowed includes:
(1) Pets or litter is listed as the wrong breed.
(2) Breeder lists something other than a cat or a dog.
(3) Breeder manipulates images to place an advertisement in them.
(4) The listing contains anything false.
10. Auto-renewals, subscriptions, and cancellations:
There is a fee applicable for each breed that you list on our platform. You may select either monthly or annual charges. We also provide you with the option to renew your subscriptions automatically through PayPal. Should you wish to cancel your automatically renewed plan before the automatic renewal date, then you must do so through PayPal itself. We have no connection to PayPal and cannot cancel your automatic subscription renewals for you.
5. COMMUNICATION BETWEEN MEMBERS
You are responsible for the content of all communication between you and other members and/or third parties.
6. TERMINATION AND SUSPENSION
1. All of these terms and conditions, including supplemental terms, will remain in full force for the entire time that you use the platform.
2. You may feel free to cancel these terms and conditions at any time by emailing us or by removing your profile directly from the platform.
3. We reserve the right to cancel our agreement with you at any time and for any reason.
4. Once this agreement is canceled, you are not entitled to have your account back. You also may not apply to have a new account. Additionally, if either of us cancels this agreement, then any terms that should reasonably apply after such a cancellation will remain in effect.
7. DISCLAIMERS
Should you choose to access or make use of the platform, then you do so cognizant of the fact that such use is completely voluntary and that you assume all risk relevant to the interaction. Within the bounds of the applicable federal, state, and local laws, rules, and regulations, you must agree and understand that we and the content of our platform are provided “as is” and “as available.” All possible risk is solely yours. Again, within the bounds of the applicable federal, state, and local laws, rules, and regulations, our employees, agents, partners, affiliates, officers, owners, investors, licensors, and sources of finance, hereafter referred to as “our parties,” disclaim all warranties, conditions, and representations, whether expressly stated or merely implied, as they apply to all business conducted upon the platform.
We neither guarantee nor provide any warranty that our platform meets your needs, remains active without interruption, or is accurate, complete, and reliable. We also do not guarantee that any mistakes on the platform will ever be corrected.
Anything you download is done so at your own risk. You are solely responsible for any damage that occurs to your property as a result of accessing our platform. This includes possible computer damage, smartphone damage, or damage to any other technology that you use to access the platform in the first place.
Our service is subject to outages, and we make no guarantee nor warranty regarding the platform’s up time. Further, you agree that you have had ample opportunity to examine the platform to determine its quality. No oral or written advice we ever provide to you will create any warranty or guarantee that is not already delineated in these terms and conditions.
8. RELEASE
You agree to release us and any possible successors from any demands and claims, including any and all damages, actions, and rights of any type, which include property damage, injuries, and even death, that are either directly or indirectly tied to the use of the platform. This includes any interactions between members, between members and us, or between members and third parties. We disclaim any liability that may apply to interactions between members. Should there be a dispute, you release us from any responsibility regarding such a dispute, and this includes all of our subsidiaries and affiliates, their personnel, and our personnel. You also completely waive any protections that would, other than for the existence of these terms and conditions, limit the coverage of this release.
9. LIABILITY
You agree that the entire risk coming from your access to and use of the platform, at least to the extent permissible by law, including the publication of any listing or purchase made after accessing such a listing, your sale or purchase of a pet, or the use of any other breeder services is yours. Additionally, this applies to all other communications between you and other members whether that communication is online or “in the real world.” Neither we nor anyone else involved in the creation of the platform, the delivery of the services rendered within, or the maintenance thereof shall be liable for any damages of any kind that come about either through the use of the platform in any way or the acknowledgement of these terms and conditions.
10. INDEMNIFICATION
You agree to hold us harmless and indemnify us, our affiliates and subsidiaries, their personnel, and our personnel against any liabilities, damages, losses, claims and other expenses that include, without limitation, assorted fees, costs, and payments that stem from any breach of these terms and conditions, including any supplemental terms, our other policies and standards, any interaction you have with other members or with us, the sale or purchase of any breeder service or pet, or any other interaction with others upon the platform. You also agree to hold us equally harmless and to indemnify us regarding any possible breach of federal, state, and local laws, rules, and regulations that you might have committed in the course of using the platform or communicating with people outside of the platform. This indemnification applies equally to third parties and your communications with them.
11. APPLICABLE LAW AND JURISDICTION
1. You agree that federal, state, and local laws will govern the use of these terms and conditions and any claim or dispute that arises from your interaction with us. Additionally, these applicable federal, state, and local laws, rules, and regulations supersede any aspects of these terms and conditions that are inconsistent with the application and enforcement of these laws.
2. You agree that any dispute or claim between you and us must be adjudicated in Kings County of New York, by either a state or federal court located in New York. Both you and us agree to submit to the jurisdiction of these courts within New York when it comes to litigating such cases.
12. BUYER FEEDBACK AND RESPONSIBLE BREEDING PRACTICES
We value feedback from buyers, as it helps us assess if breeders are practicing responsible methods, which include the following points:
1. Ethical Breeding: We only allow breeders who uphold ethical standards in their practices, ensuring the well-being of the animals.
2. Health Assurance: Breeders must provide accurate health information for the animals they list, and misrepresentation of health or genetics is strictly prohibited.
3. No Negative Practices: We don't tolerate listings from breeders engaged in harmful practices such as puppy mills or overbreeding.
4. Feedback and Ratings: Buyers' honest feedback and ratings help maintain transparency and accountability in our community.
5. Addressing Concerns: We encourage both buyers and breeders to professionally and promptly address any concerns or disputes for a positive environment.
6. Animal Welfare: We have a zero-tolerance policy for animal abuse or neglect. Evidence of mistreatment may lead to immediate account action, including suspension or termination of a breeder's account without compensation.
13. GENERAL PROVISIONS
1. With the exception of additional terms and conditions, including additional supplemental terms, policies, standards, and guidelines that are amended to these terms and conditions, these terms and conditions comprise the complete agreement between you and us. As of this date, these terms and conditions supersede all previous versions of these terms and conditions, which include applicable supplemental terms, along with any other oral or written communication, agreements, and understandings between you, us, third parties, or any combination thereof relating to the use of the platform.
2. There is no joint venture or joint operational agreement between you and us because of this agreement. No relationship exists other than that outlined in these terms and conditions, particularly regarding your use of the platform.
3. Except where provided by law, these terms and conditions do not bestow any rights or remedies upon anyone other than you and us, the two parties involved with and stated within these terms and conditions and also in any supplemental terms.
4. If, for any reason, any portion of these terms and conditions, or part of any supplemental terms, becomes invalid, unenforceable, or simply no longer applicable because of any changes we make, any federal, state, or local laws, rules, and regulations, or both, then only that portion of these terms and conditions shall be stricken, and all other portions of these terms and conditions or supplemental terms shall remain in full effect.
5. Should we fail to assert our rights under these terms and conditions, that does not indicate a waiver of those rights unless we provide you such acknowledgement in writing. Except as provide for in these terms and conditions, or provided for by applicable federal, state, or local laws, rules, or regulations, any implementation of any proviso of these terms and conditions by either you or us will be treated without prejudice. Also, exercising rights bestowed by these terms and conditions shall not repudiate any other rights either you or us hold under both these terms and conditions and applicable federal, state, and local laws, rules, and regulations.
6. You are not allowed to transfer your rights, obligations, and privileges outlined in these terms and conditions, along with any applicable supplemental terms, to any one else without our written consent. We may, at our sole discretion, do just that. However, your right to terminate this agreement for this or any other reason is not affected by this provision.
7. All communications between you and us, between you and other members, or between you and third parties will be provided in writing, which includes email and text messages, and this applies in all cases except where such is not provided for in these terms and conditions or mandated otherwise by federal, state, or local laws. The date of the sending of the message is the applicable date when it comes to timelines. You agree that any time we communicate with you by email or text message, these communications fulfill our obligation to provide such communications in writing. This proviso does not affect your rights regarding the Electronic Signatures and National Commerce Act, which is outlined in 15 U.S.C. §7001 et sep.