This Agreement describes the terms and conditions applicable
to your use of our services at Findingyourpet.com. BY USING
THE SITES, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS
PRIVACY POLICY. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS
OF THIS PRIVACY POLICY, PLEASE DO NOT USE THE SITES. If
you have any questions that our User Terms and Conditions
cannot answer, please contact support@Findingyourpet.com.
This Site is controlled and operated by us from the United States,
and are not intended to subject us to the laws or jurisdiction
of any state, country or territory other than that of the United
States. Please note that we do not represent or warrant that
the Sites are appropriate or available for use in any jurisdiction
outside of the United States. Those who choose to access the
Sites do so on their own initiative and are responsible for
complying with all local laws, rules and regulations.
1. Membership Eligibility.
Our services are available only to individuals who can form
legally binding contracts under applicable law. Without limiting
the foregoing, our services are not available to minors. If
you do not qualify, please do not use our services.
2. Fees and Services.
Joining Findingyourpet.com is free. We may change our fees
for our services at any time. Our changes to the policy are
effective after we provide you with at least seven (5) days'
notice of the changes by posting the changes on the site.
When you place an ad you have an opportunity to review and
accept the fees that you will be charged for the use of our
listing services. We do not charge for listing a Found Pet.
We may in our sole discretion change some or all of our services
at any time. In the event we introduce a new service, the
fees for that service are effective at the launch of the service.
3. Findingyourpet.com is Only a Venue.
3.a Overview. Our site acts as the venue
for sellers to list items (or, as appropriate, solicit offers
to buy) and buyers to contact sellers on items. We are not
involved in the actual transaction between buyers and sellers.
As a result, we have no control over the quality, safety or
legality of the items advertised, the truth or accuracy of
the listings, the ability of sellers to sell items or the
ability of buyers to buy items. We cannot ensure that a buyer
or seller will actually complete a transaction.
3.b Release. Because we are not involved
in the actual transaction between buyers and sellers, in the
event that you have a dispute with one or more users, you
release Findingyourpet.com (and our officers, directors, agents,
subsidiaries and employees) from claims, demands and damages(actual
and consequential) of every kind and nature, known and unknown,
suspected and unsuspected, disclosed and undisclosed, arising
out of or in any way connected with such disputes. If you
are a California resident, you waive California Civil Code §1542, which says: "A
general release does not extend to claims which the creditor
does not know or suspect to exist in his favor at the time
of executing the release, which if known by him must have
materially affected his settlement with the debtor."
4. Listing and Selling.
4.a Listing Description. Listings may only
include text descriptions, graphics and pictures you supply
to our site (or that you link to from our site) that describe
your item for sale (or as appropriate, for which are soliciting
offers to buy). Items listed shall be in good taste. Any objectionable
material found in an ad, including illegal items for sale
will result in the immediate disposal of the ad, and expiration
of membership to Findingyourpet.com. The same goes for anyone
that includes offensive and/or objectionable material, spams,
includes advertisements, and/or links to other sites offering
the same service as Findingyourpet.com. Findingyourpet.com
will decide what is appropriate. There is no promise that
your ad will be displayed. Please understand that this is not a
service selling pets or merchandise over the internet, but
rather a way to connect potential buyers and sellers. Findingyourpet.com
is not responsible for the information and conditions listed
in the classified ads. Please use discretion and proper judgment
when buying or selling your pet. We strongly urge you to review
both seller and buyer, to ensure a good quality of living
for the pet or pets sold.
The following is a list of prohibited content that will not
be accepted on Findingyourpet.com. It includes content that:
Is patently offensive to the online community, such as content
that promotes racism, bigotry, hatred or physical harm of
any kind against any group or individual; Is or could be harmful
to minors; Harasses or advocates harassment of another person;
Involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
Promotes information that you know is false, misleading, or
promotes illegal activities or conduct, is abusive, threatening,
obscene, defamatory or libelous; Is or promotes an illegal or
unauthorized copy of another person's work, such as providing
pirated computer programs or links to them, provides information
to circumvent manufacture-installed copy-protect devices; providing
pirated content or links to pirated content files; Contains
restricted or password only access pages, or hidden pages or
images(those not linked to or from another accessible page)Displays
pornographic material of any kind; Provides instructional information
about illegal activities such as making or buying illegal weapons;
violating someone's privacy; providing or creating computer
viruses; Solicits passwords, personal identifying information
for commercial or unlawful purposes from other users; engages
in commercial activities and/or sales without Findingyourpet.com’s
prior written consent.
4.b Fraud. Without limiting any other remedies,
Findingyourpet.com may suspend or terminate your account if
you are found (by conviction, settlement, insurance or escrow
investigation, or otherwise) to have engaged in fraudulent
activity in connection with our site.
5. Your Information. "Your Information" is
defined as any information you provide to us in the registration,
the listing process, or through email. You are solely responsible
for Your Information, and we act as a passive conduit for
your online distribution and publication of Your Information.
We may, however, use and disclose general, statistical data
that includes data about you and/or your listings in order
to provide better service to you and other users, among other
reasons. Your name and email address will not be included
in this general information.
6. Posting Lost and Found pets. Posting or
listing a lost or found pet at Findingyourpet.com does not
guaranteeing that you will find your lost pet or the original
owners. Findingyourpet.com is only a conduit to help you increase
your search scope. We take no responsibility for errors created
when posting a lost pet or found pet.
With respect to Your Information:
7. Your Information (or any items listed
therein): (a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of illegal
or stolen items; (c) shall not infringe any third party's
copyright, patent, trademark, trade secret or other proprietary
rights or rights of publicity or privacy; (d) shall not violate
any law, statute, ordinance or regulation (including without
limitation those governing export control, consumer protection,
unfair competition, antidiscrimination or false advertising);
(e) shall not be defamatory, trade libelous, unlawfully threatening
or unlawfully harassing; (g) shall not contain any viruses,
or other computer programming routines that are intended to
damage, detrimentally interfere with, surreptitiously intercept
or expropriate any system, data or personal information; (h)
shall not create liability for us or cause us to lose (in
whole or in part) the services of our ISPs or other suppliers;
and (i) shall not link directly or indirectly to or include
descriptions of goods or services that: (aa) are prohibited
under this Agreement; (bb). Furthermore, you may not list
any item on our site (or consummate any transaction that was
initiated using our service) that, could cause us to violate
any applicable law, statute, ordinance or regulation.
8. Breach.
Without limiting other remedies, we may immediately without
issue a warning, temporarily suspend, indefinitely suspend
or terminate your membership and refuse to provide our services
to you:
(a) if you breach this Agreement or the documents it incorporates
by reference; (b) if we are unable to verify or authenticate
any information you provide to us; or (c) if we believe that
your actions may cause legal liability for you, our users
or us.
9. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS
IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED
OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do
not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific
legal rights and you may also have other legal rights which
vary from state to state.
10. Indemnity.
You agree to indemnify and hold Findingyourpet.com (and our
officers, directors, agents, subsidiaries and employees),
harmless from any claim or demand, including reasonable attorneys'
fees, made by any third party due to or arising out of your
breach of this Agreement or the documents it incorporates
by reference, or your violation of any law or the rights of
a third party.
11. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances
and regulations regarding your use of our service and your
listing, purchase, solicitation of offers to purchase, and
sale of items.
12. No Agency.
You and Findingyourpet.com are independent contractors, and
no agency, partnership, joint venture, employee-employer or
franchisor-franchisee relationship is intended or created
by this Agreement.
13. You will be responsible for safeguarding the confidentiality
of your user name and password and preventing their disclosure
or release to any third party. If your user name or password
is stolen or otherwise compromised, you will report this situation
immediately to Findingyourpet.com Customer Service at support@Findingyourpet.com.
14. We may change these Terms of Use from time to time. When
such a change is made, we will post a revised version of these
Terms of Use on our web site. Changes will be effective when
they are posted. It is your responsibility to review these
Terms of Use from time to time in order to be aware of any
such changes. Your continued use of the service will indicate
your agreement to any such changes.
15. Findingyourpet.com does not promise that the site will
be error-free, uninterrupted, nor that it will provide specific
results from use of the site or any content, search or link
on it. The site and its content are delivered on an "as-is" and "as-available" basis.
Findingyourpet.com can not ensure that any files you may download
from the site will be free of viruses or contamination or
destructive features. Findingyourpet.com disclaims all warranties,
express or implied, including also any implied warranties
of merchantability and fitness for a particular purpose. Findingyourpet.com
will not be liable for any damages of any kind arising from
the use of this site, including without limitation, direct,
indirect, incidental, punitive and consequential damages.
16. General.
This Agreement shall be governed in all respects by the laws
of the State of New York as such laws are applied to agreements
entered into and to be performed entirely within New York
between New York residents. We do not guarantee continuous,
uninterrupted or secure access to our services, and operation
of our site may be interfered with by numerous factors outside
of our control. If any provision of this Agreement is held
to be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced. Headings are
for reference purposes only and in no way define, limit, construe
or describe the scope or extent of such section. Our failure
to act with respect to a breach by you or others does not
waive our right to act with respect to subsequent or similar
breaches. This Agreement sets forth the entire understanding
and agreement between us with respect to the subject matter
hereof.
The information contained in this site, including all images,
illustrations, designs and photographs not contributed as
personal information or User content are copyrights, trademarks
and other intellectual property of Findingyourpet.com. Findingyourpet.com
and the Findingyourpet.com logo are copyrighted by Findingyourpet.com.
Privacy Policy
If you have any questions about the privacy policy, please
feel free to e-mail us at support@Findingyourpet.com.
Your privacy is very important to us and you can be assured
that our privacy practices are held to high standards. As
part of the normal operation of our services we may collect
and, in some cases, disclose information about you.
Our site requires users to give us contact information. We
collect visitor's contact information (like name and address).
Contact information from the registration form may be used
to get in touch with the visitor when necessary and shared
with other companies who use the information in aggregate
to gather broad demographic information.
We may use personally identifiable information about you to
improve our marketing and promotional efforts, to statistically
analyze site usage, to improve our content and product offerings
and to customize our site's content, layout, and services.
We believe these uses allow us to improve our site and better
tailor it to meet our users' needs.
We may also use your information to deliver information to
you that, in some cases, are targeted to your interests, such
as targeted banners, new services and promotions. By accepting
the User Agreement you expressly agree to receive this information.
As a general proposition, we do not sell or rent any personally
identifiable information about you to any third party.
If you break the law, we may have to disclose your personal
information to the authorities.
This site may contain links to other sites. Findingyourpet.com
is not responsible for the privacy practices or the content
of such Web sites.
Findingyourpet.com uses industry standard security to safeguard
the confidentiality of your personal identifiable information.
However, "perfect security" is not promised on the
Internet.
We may amend this Agreement at any time by posting the amended
terms on our site. The changes will take effect at the time
of post.
Forums, Chat Rooms and Other Public Posting Areas.
Please note that any information you include in a message
you post to any chat room, forum or other public posting area
is available to anyone with Internet access. If you don't
want people to know your e-mail address, for example, don't
include it in any message you post publicly. We urge you to
exercise discretion and caution when deciding to disclose
your personally identifiable information, or any other information,
in any chat room, forum or other public posting area. PLEASE
BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT
ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE
FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE
IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.
Third-Party Advertisers.
We may use third-party advertisers to serve advertisements
on the Sites. Please be advised that such advertisers may
use cookies, web beacons and other technologies to, among
other things, enable such advertisers to monitor which ads
have been served to your browser and which webpages you were
viewing when such ads were delivered. PLEASE NOTE THAT THIS
POLICY DOES NOT COVER THE COLLECTION AND USE OF INFORMATION
BY ADVERTISERS.
Advertisements:
Findingyourpet.com is currently using the following criteria
in determining appropriate advertisers. All advertisers on
Findingyourpet.com, including Strategic Partner sites linking
directly from Findingyourpet.com, are subject to this policy.
Findingyourpet.com will not accept:
General Advertisements that contain fraudulent, deceptive,
misleading statements or illustrations. Attacks of a personal
nature, Offensive to Good Taste Indecent, vulgar, suggestive
or other advertising that, in the opinion of Findingyourpet.com,
may be offensive to good taste. Discrimination Advertisements
that fail to comply with the express requirements of federal
and state laws. Investments Advertisements that do not comply
with applicable federal, state and local laws and regulations.
Political advertisements that do not identify the paid sponsor
in every frame of the ad will not be accepted. Tobacco Advertisements
for cigarettes and other tobacco products. Occult Pursuits
Advertisements for fortune telling, dream interpretations
and individual horoscopes except when ordered for entertainment
sections or guides or when the emphasis is on amusement rather
than serious interpretation. Endangered Species Advertisements
offering furs or products made from the furs or hides of animals
included on government endangered species lists. Online Gaming
Advertisements promoting online gaming or wagering sites.
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