Terms Of Use
The Joyful Pets adoption website (the “Website”) located at adopt.joyfulpets.com is maintained by Joyful Pets, Inc. (“We”, “Us” or “Our”).'
The following terms and conditions apply to your use of these Websites, including access to the Services and Content available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services.
The Website is provided for the benefit of Users who are 18 years old or older. If you are not over the age of 18 or do not agree to be bound by the Conditions, you may not use the Website and we will have the right to restrict or prevent your access to the Website. If you are under the age of majority in your state of residence, a minor, your parents or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS. Your use of the Website, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement (the "TOS"), you should not use the Website, the Services, or the Content. Your use of the Website, the Content, and the Services is also governed by our Privacy Policy, which is available through a link on our homepage as well as most of the other pages on the Website.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Modifications to Services
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE. You agree that Joyful Pets will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Definitions
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to Joyful Pets.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service including but not limited to the evaluations, presentations, rankings, reviews, other information, advertisements, interactive discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from the Service, whether such Content is owned by Joyful Pets or third parties.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Service.
"Third Party Content" means Content that originates from parties other than Joyful Pets or its users, which is made available in connection with the Service.
Grant Of A License
Joyful Pets grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Joyful Pets. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Joyful Pets, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Joyful Pets. Any unauthorized use terminates the permission or license granted by Joyful Pets and may result in both civil and criminal liability. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Company or its affiliates or agents.
Our Consent
By continuing to use this website, you acknowledge that you have read and understood the terms and conditions contained in this Terms of Use. You further acknowledge that you are using this website for your own sole purpose and not for the benefit of a competitor.
Using The Service
We grant you permission to use the Service subject to the restrictions on these terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accessing The Website And Account Security
You may be required to create an account for your Pet in other to have access to particular features or components of the Site (such as email alerts, personalized content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself and your Pet (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.
WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION OF YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You will be solely responsible for maintaining the confidentiality of you/your Pet’s Registration Information. You may not authorize or permit anyone else to access and/or use your Registration information, or access, visit and/or use the service by use of your account/profile and/or Registration Information.
By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.
Scope Of Service
Sadly, surrendering a beloved pet is a reality that some of us may face. Whether that be as a result of health issues, financial challenges, or relocation; sometimes we simply don’t have the luxury of choice. So, how can you find the absolute best home for your pet? How can you ensure that your dog or cat isn’t going to share the trauma or fate often associated with animal shelters? How can you be absolutely certain that you’ve done everything in your power to provide the best life possible for your pet?
Our team is here to help. We are a premiere pet placement concierge service. We handle everything, and we mean everything! After we review your pet’s info, we’ll write attention-grabbing bio with pics and videos and post their profile on the leading pet listing sites. From there, we can screen candidates for your review, and once you decide, we can even run a background check for additional peace of mind.
User Content
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data. When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.
You promise that:
● you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
● your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Joyful Pets, its users, and the public.
Your User Content will be viewable by other users of the Service and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
Defamation;
Communications Decency Act Notice. Under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
Ownership
Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"), and (b) our trademarks, logos, and brand elements, including all images and text on the Site and Services ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Out Content, or Marks without the express and prior consent of Joyful Pets.
User Restrictions
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not:
● Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
● Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
● Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
● Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
● Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of Joyful Pets;
● Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
● Access the Site or Services by any means other than through the interface that is provided by Joyful Pets;
● Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
● Collect or store personal data about other users of the Site or Services;
● Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
● Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
You may not send automated queries of any sort to the Site, including:
● using any software which sends queries to determine how a website or webpage "ranks" for various queries;
● "meta-searching"; and
● performing "offline" searches on the Site.
Advertising
Joyful Pets and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertisement are subject to change without specific notice to you.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that Joyful Pets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
Third Parties
Our site contains links to other web sites (shelters, pet rescue groups, etc.). When you click on one of these links, you are entering another web site for which Joyful Pets has no responsibility. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.
Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on our Site and Services, including shelters, rescue organizations, and others, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or Joyful Pets. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 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.
Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Joyful Pets does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers
Reserved rights; no violation of law or others’ rights
All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.
Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Joyful Pets’ Content”) are provided to User by Joyful Pets solely to support User’s permitted use of the Services. Joyful Pets Content may be modified from time to time by Joyful Pets in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Joyful Pets Content by User shall constitute a material breach of this Agreement.
Joyful Pets retain all rights in the Services and Joyful Pets Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Porta Studios Ltd. or any third party is granted under this Agreement.
Termination
We may terminate or suspend your use of the Website at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the Conditions. We reserve the right to refuse service to anyone for any reason at any time.
You may cancel your account at any time by emailing (email) Once your account is canceled all of your content will be immediately deleted from the Website.
We reserve the right to modify or terminate the Website for any reason, without notice at any time. Without limiting any other remedies, we may suspend or terminate your use to/of the service if we suspect that you have engaged in fraudulent activity in connection with the Site.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SPONSORS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES OR THE ADOPTION OR ACTIONS OF OR INTERACTION WITH ANY PET; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PETS OFFERED FOR ADOPTION OR ADOPTED OR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES, OR ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, FROM ANY SHELTER OR RESCUE ORGANIZATION.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE AND PRIVACY POLICY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE ADOPTION OR ACTION OF OR ANY OTHER INTERACTION WITH ANY PET, Joyful Pets, THE SITE OR SERVICES, OR THESE TERMS OF SERVICE AND PRIVACY POLICY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope, and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Liability Limitations
Whilst we will use reasonable endeavors to verify the accuracy of any information we place on the Website we make no warranties, whether express or implied in relation to its accuracy. Your use of the Website is at your sole risk. Opinions given and forecasts made represent the views of Joyful Pets only. You acknowledge that we shall have no liability of any kind whatsoever arising out of any decisions that you make as a result of viewing the Website. We do not house, make any guarantees or have any contact with any of the pets listed on our website. Information regarding pets posted on the Site and Services is provided by the posting organization and is not checked for accuracy nor guaranteed to be accurate or complete. We are not therefore responsible for any issues that may arise out of contact you have with any pets listed on our site. We are also not responsible for any issues that arise regarding any of the organizations or individuals that post pets on our site. We work hard to make sure that animal shelters and rescue groups keep their listings on our website up to date, and that these groups are reputable and responsive to the public, but we assume no responsibility for any actions any of these organizations may or may not take. Please see below for more information. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. No warranty of any kind is made in relation to accuracy, reliability or content. We make no warranty that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. In no event shall Joyful Pets or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Joyful Pets partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party. We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for any economic losses or any loss of goodwill or reputation or any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit. Your computer equipment and internet connection may affect the performance and/or operation of the Website. Joyful Pets does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to view or receive certain information). The User is responsible to comply with his local laws to avoid breaking the laws in his country.
Indemnification
You agree to indemnify and hold Joyful Pets, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
Arbitration
You and Joyful Pets agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Joyful Pets hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Joyful Pets relating to these Terms or the Offerings (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Joyful Pets will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Joyful Pets from seeking action by federal, state, or local government agencies. You and Joyful Pets also have the right to bring qualifying claims in small claims court. In addition, you and Joyful Pets retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Joyful Pets may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Joyful Pets’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms. This Section of the Terms will survive the termination of your relationship with Joyful Pets.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Joyful Pets WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Severability
If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Joyful Pets.
Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Florida and the laws of U.S.A, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
Liability Disclaimer:
Joyful Pets, including its affiliates, hereby disclaims any and all liability for transactions made by users through our Site, including the transfer and adoption of animals, delivery of goods and services, and any associated terms and conditions.
By accessing and using our Site, users acknowledge and accept that they assume full responsibility and all associated risks. Joyful Pets and its affiliates will not be held liable for any indirect, general, compensatory, incidental, special, exemplary, or consequential damages, including but not limited to lost profits, data, goodwill, service interruption, computer damage, personal injury, or emotional distress.
We disclaim liability for any misleading, false, or injurious information or advice found in user-generated content on our website. Users are solely responsible for their reliance on such information.
Joyful Pets shall not be responsible for any loss, damage, liability, or expense arising from the use of links, domain names, logos, computer viruses, or any other technical failures or disruptions.
Permission to use our intellectual property does not constitute endorsement by Joyful Pets.
Neither Joyful Pets nor any third party involved in creating, producing, or delivering our website will be held liable for any direct or indirect damages resulting from users' access, inability to use, or changes in the content of our website or any linked websites.
Maintenance of materials, updates, and changes to the website may occur without prior notice.
While we may monitor discussions and postings on our website, we assume no responsibility for their content, including errors, defamation, obscenity, or inaccuracies. Users understand and accept the potential exposure to prohibited conduct and content at their own risk.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.
The Joyful Pets adoption website (the “Website”) located at adopt.joyfulpets.com is maintained by Joyful Pets, Inc. (“We”, “Us” or “Our”).'
The following terms and conditions apply to your use of these Websites, including access to the Services and Content available through the Website. Please read these terms and conditions carefully before using the Website, accessing the Content and/or using the Services.
The Website is provided for the benefit of Users who are 18 years old or older. If you are not over the age of 18 or do not agree to be bound by the Conditions, you may not use the Website and we will have the right to restrict or prevent your access to the Website. If you are under the age of majority in your state of residence, a minor, your parents or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.
BY USING THE WEBSITE, THE SERVICES, OR THE CONTENT, YOU ARE CONSENTING TO THE TERMS AND CONDITIONS IN THIS TERMS OF SERVICE AGREEMENT AS THEY APPLY TO YOU AND YOUR USAGE AND ACCESS. Your use of the Website, the Content, and the Services is also subject to all applicable laws and regulations. If you do not agree to any of the terms of service in this agreement (the "TOS"), you should not use the Website, the Services, or the Content. Your use of the Website, the Content, and the Services is also governed by our Privacy Policy, which is available through a link on our homepage as well as most of the other pages on the Website.
In the event of any conflict or inconsistency between the terms and conditions of this User Agreement, and any other terms and/or conditions applicable to the Service, we shall determine which rules, restrictions, limitation, terms and/or conditions shall control and prevail in our sole discretion, and you specifically waive any right to challenge or dispute such determination.
Modifications to Services
We reserve the right to modify these Terms of Use at any time, and without prior notice, by posting an amended Terms of Use that is always accessible through the Terms of Use link on this site’s home page. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE. You agree that Joyful Pets will not be liable to you or to any third party for any modification, suspension, discontinuation or termination of the Services.
Definitions
“You” and “your” refer to you, as a user of the Service. A “user” is someone who accesses, browses or in any way uses the Service. “We,” “us,” and “our” refer to Joyful Pets.
“Content” means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service including but not limited to the evaluations, presentations, rankings, reviews, other information, advertisements, interactive discussions, photos, video, graphics, music and sound contained on, distributed through, linked, downloaded or accessed from the Service, whether such Content is owned by Joyful Pets or third parties.
“Your Content” means Content that you submit or transmit to, through, or in connection with the Service, such as ratings, reviews, messages, and information that you publicly display or displayed in your account profile.
"User Content" means Content that users submit or transmit to, through, or in connection with the Service.
"Third Party Content" means Content that originates from parties other than Joyful Pets or its users, which is made available in connection with the Service.
Grant Of A License
Joyful Pets grants you a non-exclusive, non-transferable, limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except with the express written consent of Joyful Pets. This license allows people searching for unique products and gifts to purchase those products for personal use. Users are further prohibited from making any derivative use of the Site or its Content; downloading or copying any account information or listing information for the benefit of any third party; or using any “robots,” “spiders,” or similar data-gathering, data-mining, or data extraction tools. All content on the Site is the property of Joyful Pets, and no portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Joyful Pets. Any unauthorized use terminates the permission or license granted by Joyful Pets and may result in both civil and criminal liability. You are acquiring no other right to use artwork, designs, trade secrets, trade names, copyrighted materials, trademarks, or service marks of the Company or its affiliates or agents.
Our Consent
By continuing to use this website, you acknowledge that you have read and understood the terms and conditions contained in this Terms of Use. You further acknowledge that you are using this website for your own sole purpose and not for the benefit of a competitor.
Using The Service
We grant you permission to use the Service subject to the restrictions on these terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate. The Service may be modified, updated, interrupted, suspended or discontinued at any time without notice or liability.
Accessing The Website And Account Security
You may be required to create an account for your Pet in other to have access to particular features or components of the Site (such as email alerts, personalized content, ability to save content, etc.). If you create an account, you shall (a) provide true, accurate, current and complete information about yourself and your Pet (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and/or restrict or prohibit your use of the Site or any portion thereof. You are responsible for the security and confidentiality of your password and account and for any and all activities that occur under your account. You shall not share your account information or your user name and password with any third party or permit any third party to log onto the Site using your account information. You agree to immediately notify us of any unauthorized use of your account or any other breach of security of which you become aware. You are responsible for taking precautions and providing security measures best suited for your situation and intended use of the Site. You shall not create multiple accounts for your own use or open an account for anyone else.
WE SHALL HAVE NO LIABILITY ASSOCIATED WITH OR ARISING FROM YOUR FAILURE TO MAINTAIN ACCURATE, COMPLETE OR UP-TO-DATE REGISTRATION INFORMATION, INCLUDING WITHOUT LIMITATION OF YOUR FAILURE TO RECEIVE CRITICAL INFORMATION. WE SHALL NOT BE RESPONSIBLE FOR VERIFYING YOUR REGISTRATION INFORMATION.
You will be solely responsible for maintaining the confidentiality of you/your Pet’s Registration Information. You may not authorize or permit anyone else to access and/or use your Registration information, or access, visit and/or use the service by use of your account/profile and/or Registration Information.
By creating an account, you agree to receive certain communications in connection with the Service. You can later opt-out of non-essential communications.
Scope Of Service
Sadly, surrendering a beloved pet is a reality that some of us may face. Whether that be as a result of health issues, financial challenges, or relocation; sometimes we simply don’t have the luxury of choice. So, how can you find the absolute best home for your pet? How can you ensure that your dog or cat isn’t going to share the trauma or fate often associated with animal shelters? How can you be absolutely certain that you’ve done everything in your power to provide the best life possible for your pet?
Our team is here to help. We are a premiere pet placement concierge service. We handle everything, and we mean everything! After we review your pet’s info, we’ll write attention-grabbing bio with pics and videos and post their profile on the leading pet listing sites. From there, we can screen candidates for your review, and once you decide, we can even run a background check for additional peace of mind.
User Content
The Site and some of our Services allow you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data. When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.
You promise that:
● you own all rights to your User Content or, alternatively, that you have the right to give us the rights described above; and
● your User Content does not infringe the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any User Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce the Terms, including investigation of potential violations thereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Joyful Pets, its users, and the public.
Your User Content will be viewable by other users of the Service and through third party services and websites. You should only provide User Content that you are comfortable sharing with others under these Terms.
Defamation;
Communications Decency Act Notice. Under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for the content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible through the Privacy Policy link on this site’s home page.
Ownership
Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"), and (b) our trademarks, logos, and brand elements, including all images and text on the Site and Services ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Out Content, or Marks without the express and prior consent of Joyful Pets.
User Restrictions
When using any portion of and/or functionality on or through the Site or Services, you agree to abide by the following Code of Conduct.
You may not:
● Copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site or Services;
● Remove or obscure the copyright notice or other notices displayed in connection with the content accessible through the Site or Services;
● Interfere with or disrupt the Site functionalities, Services, or servers and networks connected to Site, or disobey any requirements, procedures, policies, or regulations of networks connected directly or indirectly to the Site;
● Modify the Site or Services in any manner or form, or use modified versions of the Site or Services, including (without limitation) for the purpose of obtaining unauthorized access to the Site or Services;
● Reproduce, print, cache, store or distribute content retrieved from the Site or Services in any way, for any commercial use without the prior written permission of Joyful Pets;
● Sell, assign, sublicense, or otherwise transfer any right in the Services or content accessible through the Site;
● Access the Site or Services by any means other than through the interface that is provided by Joyful Pets;
● Violate the restrictions in any robot exclusion headers on the Site or in the Services, if any, or bypass or circumvent other measures employed to prevent or limit access to the Site or Services;
● Collect or store personal data about other users of the Site or Services;
● Engage in any activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law; or
● Use the Site or Services to violate any law (whether local, state, national, or international), whether or not intentionally.
You may not send automated queries of any sort to the Site, including:
● using any software which sends queries to determine how a website or webpage "ranks" for various queries;
● "meta-searching"; and
● performing "offline" searches on the Site.
Advertising
Joyful Pets and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertisement are subject to change without specific notice to you.
Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Services or the Website, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that Joyful Pets shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Website or in connection with the Services. ALL OF YOUR BUSINESS DEALINGS WITH VENDORS AND ADVERTISERS APPEARING ON THE WEBSITE OR IN CONNECTION WITH THE SERVICES SHALL BE AT YOUR SOLE RISK.
Third Parties
Our site contains links to other web sites (shelters, pet rescue groups, etc.). When you click on one of these links, you are entering another web site for which Joyful Pets has no responsibility. We encourage you to read the privacy statements on all such sites as their policies may be different than ours.
Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on our Site and Services, including shelters, rescue organizations, and others, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or Joyful Pets. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: 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.
Technical Requirements
Use of the Services requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Services, including from any notifications provided by the Services. Joyful Pets does not guarantee that the Services will be compatible with all devices or will be supported by all mobile carriers
Reserved rights; no violation of law or others’ rights
All rights in the Site and the Content that are not expressly granted are reserved. You agree to use the Site and the Content only in ways that comply with all applicable laws, as well as with these Terms of Use, and that do not infringe or violate anyone’s rights.
Intellectual Property Rights and Grant of Rights to User
The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, the “Joyful Pets’ Content”) are provided to User by Joyful Pets solely to support User’s permitted use of the Services. Joyful Pets Content may be modified from time to time by Joyful Pets in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Services or the Joyful Pets Content by User shall constitute a material breach of this Agreement.
Joyful Pets retain all rights in the Services and Joyful Pets Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Porta Studios Ltd. or any third party is granted under this Agreement.
Termination
We may terminate or suspend your use of the Website at any time and without warning if you are in breach, or if we have reasonable grounds to believe that you are in breach, of any of the Conditions. We reserve the right to refuse service to anyone for any reason at any time.
You may cancel your account at any time by emailing (email) Once your account is canceled all of your content will be immediately deleted from the Website.
We reserve the right to modify or terminate the Website for any reason, without notice at any time. Without limiting any other remedies, we may suspend or terminate your use to/of the service if we suspect that you have engaged in fraudulent activity in connection with the Site.
Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, SPONSORS, AND LICENSORS (REFERRED TO COLLECTIVELY AS "AFFILIATES") DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE AND SERVICES (INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT). IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES OR THE ADOPTION OR ACTIONS OF OR INTERACTION WITH ANY PET; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL OR FINANCIAL INFORMATION; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY COMPUTER VIRUSES OR MALICIOUS CODE THAT MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY FUNCTIONALITY OR CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE ON OR THROUGH THE SITE OR SERVICES.
WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PETS OFFERED FOR ADOPTION OR ADOPTED OR ANY THIRD PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES, OR ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, FROM ANY SHELTER OR RESCUE ORGANIZATION.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE AND PRIVACY POLICY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WE NOR OUR AFFILIATES WILL BE LIABLE UNDER ANY THEORY OF LIABILITY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE ADOPTION OR ACTION OF OR ANY OTHER INTERACTION WITH ANY PET, Joyful Pets, THE SITE OR SERVICES, OR THESE TERMS OF SERVICE AND PRIVACY POLICY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope, and duration of such warranty and the extent of our liability will be the minimum permitted under such law.
Liability Limitations
Whilst we will use reasonable endeavors to verify the accuracy of any information we place on the Website we make no warranties, whether express or implied in relation to its accuracy. Your use of the Website is at your sole risk. Opinions given and forecasts made represent the views of Joyful Pets only. You acknowledge that we shall have no liability of any kind whatsoever arising out of any decisions that you make as a result of viewing the Website. We do not house, make any guarantees or have any contact with any of the pets listed on our website. Information regarding pets posted on the Site and Services is provided by the posting organization and is not checked for accuracy nor guaranteed to be accurate or complete. We are not therefore responsible for any issues that may arise out of contact you have with any pets listed on our site. We are also not responsible for any issues that arise regarding any of the organizations or individuals that post pets on our site. We work hard to make sure that animal shelters and rescue groups keep their listings on our website up to date, and that these groups are reputable and responsive to the public, but we assume no responsibility for any actions any of these organizations may or may not take. Please see below for more information. The Website is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory. No warranty of any kind is made in relation to accuracy, reliability or content. We make no warranty that the Website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Website or the server which makes it available or services offered on the Website whether by us or on our behalf are free of viruses or bugs or are fully functional, accurate, or reliable. We will not be responsible or liable to you for any loss of content or material as a result of uploading to or downloading from the Website. You acknowledge that we cannot guarantee and therefore shall not be in any way responsible for the security or privacy of the Website and any information provided to or taken from the Website by you. In no event shall Joyful Pets or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our Website, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Joyful Pets partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference or your violation of any law or the rights of a third party. We will not be liable in contract, tort (including, without limitation, negligence) or otherwise for any economic losses or any loss of goodwill or reputation or any special or indirect or consequential losses, howsoever arising and in any case whether or not such losses were within the contemplation of either of us at the date on which the event giving rise to the loss occurred. Nothing in the Conditions shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our servants, agents or employees, or any liability in the tort of deceit. Your computer equipment and internet connection may affect the performance and/or operation of the Website. Joyful Pets does not accept any liability for any failures or issues that arise due to your equipment, internet connection or internet or telecommunication service provider (including, for example, if you are unable to view or receive certain information). The User is responsible to comply with his local laws to avoid breaking the laws in his country.
Indemnification
You agree to indemnify and hold Joyful Pets, its subsidiaries, and affiliates, and their officers, directors, employees and agents, harmless from and against any and all liability, losses, claims, demands, disputes, damages or costs of any kind, including, without limitation, reasonable attorneys' fees and costs of litigation, resulting from or in any way connected with (a) content you post to the Site or otherwise display or transmit through the Services, (b) your use of or reliance on the Site or Services, (c) your connection to the Site or Services, (d) your violation of these Terms of Service, or (e) your violation of any rights of another party.
Arbitration
You and Joyful Pets agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Joyful Pets hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and Joyful Pets relating to these Terms or the Offerings (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association ("AAA Rules"). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Joyful Pets will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
This arbitration agreement does not preclude you or Joyful Pets from seeking action by federal, state, or local government agencies. You and Joyful Pets also have the right to bring qualifying claims in small claims court. In addition, you and Joyful Pets retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.
Neither you nor Joyful Pets may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Joyful Pets’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms. This Section of the Terms will survive the termination of your relationship with Joyful Pets.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR Joyful Pets WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
Severability
If any of the provisions, or portions thereof, of this Agreement, are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment
This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Joyful Pets.
Waiver
Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
Governing Law
These Terms shall be governed by, and interpreted and enforced in accordance with, the laws in the Province of Florida and the laws of U.S.A, as applicable. If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, then any remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements, oral or otherwise, regarding the Service.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is a material, we will try to provide at least 15 days’ notice prior to any new terms taking effect. We will also indicate at the bottom of this page the date that the revisions were last made. What constitutes a material change will be determined at our sole discretion. You should revisit these Terms on a regular basis as revised versions will be binding on you. Any such modifications will be effective upon our posting of new terms.
Liability Disclaimer:
Joyful Pets, including its affiliates, hereby disclaims any and all liability for transactions made by users through our Site, including the transfer and adoption of animals, delivery of goods and services, and any associated terms and conditions.
By accessing and using our Site, users acknowledge and accept that they assume full responsibility and all associated risks. Joyful Pets and its affiliates will not be held liable for any indirect, general, compensatory, incidental, special, exemplary, or consequential damages, including but not limited to lost profits, data, goodwill, service interruption, computer damage, personal injury, or emotional distress.
We disclaim liability for any misleading, false, or injurious information or advice found in user-generated content on our website. Users are solely responsible for their reliance on such information.
Joyful Pets shall not be responsible for any loss, damage, liability, or expense arising from the use of links, domain names, logos, computer viruses, or any other technical failures or disruptions.
Permission to use our intellectual property does not constitute endorsement by Joyful Pets.
Neither Joyful Pets nor any third party involved in creating, producing, or delivering our website will be held liable for any direct or indirect damages resulting from users' access, inability to use, or changes in the content of our website or any linked websites.
Maintenance of materials, updates, and changes to the website may occur without prior notice.
While we may monitor discussions and postings on our website, we assume no responsibility for their content, including errors, defamation, obscenity, or inaccuracies. Users understand and accept the potential exposure to prohibited conduct and content at their own risk.
By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.