PetYen reserves the right to modify this Agreement at any time and from time to time, and each such modification shall be effective upon posting on the PetYen Website. All material modifications will apply prospectively only. Your continued use of the PetYen Website following any such modification constitutes your agreement to be bound by and your acceptance of the Agreement as so modified. It is therefore important that you review this Agreement regularly. If you do not agree to be bound by this Agreement and to abide by all Applicable Law, you must discontinue use of the PetYen Website immediately. Your use of certain areas or features of the Website may be subject to additional or separate terms and conditions, which will be posted or otherwise made available to you in connection with such area or feature.
- License to the PetYen Website. Subject to your performance of all of the provisions of this Agreement, including payment of all applicable fees, PetYen hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the PetYen Website solely as provided herein. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with PetYen. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the PetYen Website is not transferable. You will use the PetYen Website in accordance with all Applicable Laws. PetYen may, without notice, terminate your access to the PetYen Website or take other actions as are reasonably necessary to comply with legal requirements and as necessary to protect PetYen’ network, information and the security and the integrity of the PetYen Website.
- Restrictions. You shall not engage in unacceptable use of the PetYen Website, which includes, without limitation, use of the PetYen Website to transmit material that: (a) is patently offensive and promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) harasses or advocates harassment of another person; (c) involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming”; (d) promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (e) promotes an illegalor unauthorized copy of another person’s copyrighted work, such as utilizing images without authorization from photographers, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; (f) provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18; (g) provides instructional information about any illegal activities; (h) violates anyone’s privacy; or (i) is deemed by PetYen to be in conflict with the spirit or intent of this Agreement. PetYen reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, by terminating such violators’ access to the Website.
- Provider Eligibility.
The PetYen Website is available only to residents of the United States and only lists Providers who offer pet-related services in the United States. By requesting to be listed as a Provider on the PetYen Website, you agree not provide any false information to us, or create a Provider listing for anyone other than yourself. Further, you agree that all information you submit is truthful and accurate and that you agree to maintain the accuracy of such information.
You agree to use the PetYen Website to list only lawful services. If PetYen determines in its sole discretion that your use of the Website violates or could possibly violate any law, rule or regulation, such use shall be deemed a material breach of this Agreement by you for which PetYen may remove your ability to be listed in PetYen search results.
- No Guarantees of Service.
PetYen does not provide or contract for pet-related services. Through the Website, PetYen only provides its users with listings of Providers in their area who have indicated they may provide a requested pet-related service. By using the Website, you agree not to hold PetYen responsible for the content listed by any Provider or for the actions of any PetYen user (including both Pet Owners and Providers).
- Pet Owners: THERE IS NO GUARANTEE THAT YOUR SEARCH FOR A PROVIDER WILL LOCATE AN AVAILABLE PROVIDER IN YOUR AREA OR AS TO THE QUALITY OF SERVICES WHICH MAY BE PROVIDED. The Providers listed on the PetYen Website are independent entities that PetYen does not own, operate, or control. When you search for a Provider in your area, PetYen will display to you a list of Providers in our database who fit the criteria you have specified. PetYen does not guarantee that such Providers are available at any given time or provide the services requested. If you choose to contact a Provider, all communications or business dealings between you and the Provider will be solly between you and the Provider, and PetYen will not be a party to such communications or business dealings. PetYen does not make any representations and/or warranties regarding the quality of service that any Provider may deliver or as to the accuracy of any information provided by such Provider. PetYen may not be held responsible for any acts or omissions of any Provider.
- Providers: THERE IS NO GUARANTEE THAT BY LISTING YOUR SERVICES ON THE PETYEN WEBSITE YOU WILL BE CONTACTED OR HIRED BY A PET OWNER. PetYen will display your information to Pet Owners in your geographic area who have searched forservices your listing indicates you provide. Whether to contact or hire a Provider is strictly the decision of the Pet Owner, and PetYen makes no representation or promise that by listing services on PetYen, a Provider will be contacted or hired by any Pet Owner. In the event that a Pet Owner’s search results in multiple listed Providers, PetYen reserves the right in its absolute discretion to display such results in any order for any reason. PetYen does not represent or promise that any Provider’s listing will be displayed in any specific location within a Pet Owner’s search results.
- Term and Fees. This Agreement shall remain in full force and effect while you use the PetYen Website. PetYen may terminate your use of the Website for any reason. PetYen may offer certain services or features for which Website users may be required to pay a fee. Such fees and the terms applicable to such services will be disclosed in connection with the agreement to use such services or features. Unless otherwise provided by this or another agreement, PetYen’s services are provided to you at no cost.
- PetYen Intellectual Property and Other Proprietary Rights. The content, organization, graphics, design, compilation, and other matters related to the PetYen Website are protected under applicable United States and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Except for that information which is in the public domain or for which you have been given express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. The “PetYen” logo and others marks are either trademarks or registered trademarks of PetYen. The posting of information or materials on the PetYen Website by PetYen does not constitute a waiver of any rights in such information and materials. PetYen exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the PetYen Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto. You shall not challenge, contest or otherwise impair ownership of the PetYen Website and the content therein or the validity or enforceability of PetYen’ intellectual property rights related thereto. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the PetYen Website at any time without notice.
None of the material on the PetYen Website may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of PetYen. Nothing contained herein shall be construed by implication, estoppel or otherwise as granting to the user an ownership interest in any copyright, trademark, patent or other intellectual property right of PetYen or any third party.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our office with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the PetYen Website; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is notauthorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. PetYen’ Copyright Agent for notice of claims of copyright infringement can be reached as follows: PetYen 155 Water St, Brooklyn, NY 11201 , Jeremy@petyen.com.
- DISCLAIMER. THE PETYEN WEBSITE AND THE MATERIALS CONTAINED HEREIN, SHOPS AND ALL CONTENT AND PRODUCTS THEREIN, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. PETYEN DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR ARISING OUT OF COURSE OF CONDUCT OR TRADE CUSTOM OR USAGE. IN ADDITION, PETYEN DISCLAIMS (A) ANY ENDORSEMENT OF OR LIABILITY FOR CONTENT AND HYPERLINKS; (B) INACCURACY, INCOMPLETENESS OR TIMELINESS OF THE PETYEN WEBSITE; (C) THE TRANSMISSION OF VIRUSES OR THE OCCURRENCE OF DATA CORRUPTION; AND (D) DAMAGES AS A RESULT OF THE TRANSMISSION, USE OR INABILITY TO USE THE PETYEN WEBSITE OR CIRCUMSTANCES OVER WHICH THE ORGANIZATION HAS NO CONTROL. YOU UNDERSTAND AND AGREE THAT THE OPERATION OF THE PETYEN WEBSITE MAY INVOLVE BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. PETYEN SHALL HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF THE PETYEN WEBSITE OR USE OF ANY INFORMATION ACCESSED THROUGH THE WEBSITE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PETYEN THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE OF ANY KIND. PETYEN IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITES OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES.
YOU HEREBY AGREE THAT THE TERMS OF THIS AGREEMENT SHALL NOT BE ALTERED DUE TO CUSTOM OR USAGE OR DUE TO THE PARTIES’ COURSE OF DEALING OR COURSE OF PERFORMANCE UNDER THIS AGREEMENT.
PETYEN IS NOT RESPONSIBLE FOR ANY INFORMATION CONTAINED IN ANY PROVIDER LISTING ON THE PETYEN WEBSITE AND MAKES NO REPRESENTATION AS TO THE ACCURACY OR RELIABILITY OF SUCH CONTENT. YOU UNDERSTAND AND AGREE THAT PETYEN SHALL NOT BE LIABLE FOR ANY MISREPRESENTATION, OMISSION, OR OTHER FALSE, MISLEADING, LIBELOUS, HARASSING, TORTIOUS, OR OTHER CONTENT WHICH IS UNLAWFUL OR NOT PERMITTED BY THIS AGREEMENT WHICH IS POSTED BY A PROVIDER OR OTHER VISITOR TO THE PETYEN WEBSITE.
NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT ANY LIABILITY OR WARRANTY WHICH MAY NOT BE EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS OF PARTICULAR LIABILITIES OR WARRANTIES. IN SUCH A JURISDICTION, ONLY THOSE EXCLUSIONS OR LIMITATIONS WHICH ARE LAWFUL WILL APPLY TO YOU AND PETYEN’S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY THAT JURISDICTION’S LAW.
- Remedies. You hereby acknowledge that if PetYen, in its sole discretion, determines you to be in breach of this Agreement, PetYen may restrict, suspend, or terminate your access to all or any part of the PetYen Website with or without notice. Termination hereunder shall be without prejudice to any other right or remedy to which PetYen may be entitled hereunder or at law.
- Indemnity. You hereby indemnify and hold PetYen, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless against all damages, claims, liabilities, losses and other expenses, including without limitation reasonable attorneys’ fees and costs, whether or not a lawsuit or other proceeding is filed, that arise out of or relate to (i) your use of the PetYen Website, or (ii) your breach of this Agreement and/or any breach of your representations and warranties set forth above.
- Links to Other Web Sites. To the extent the PetYen Website contains links to outside services and resources, you agree that your use of such links is solely at your own risk and that any concerns regarding such services or resources should be directed to the particular outside service or resource provider.
- Dispute Resolution. Any dispute arising out of this Agreement or otherwise involving the PetYen Website shall be governed by the laws of the State of New York without regard to any conflict of law provisions. You agree that any dispute or claim arising from this Agreement or the breach thereof or otherwise involving or arising out of your use of the PetYen Website shall be settled by binding arbitration conducted by JAMS in accordance with the JAMS comprehensive Arbitration Rules and Procedures (“Rules”). The arbitration shall be heard by one arbitrator to be selected in accordance with the Rules, in New York County, New York. Judgment upon any award rendered may be entered in any court having jurisdiction thereof. Notwithstanding anything to the contrary, if either party desires to seek injunctive or otherequitable relief that does not involve the payment of money, then those claims shall be brought in a state or federal court located in New York County, New York, and the parties hereby irrevocably and unconditionally consent to personal jurisdiction of such courts and venue in New York County, New York, in any such action for injunctive or equitable relief. You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to your use of the Website or this Agreement must be filed within one (1) year after such claim or cause of action arose or forever be barred.
- Disputes with Other Users. Your interactions, communications and transactions (online or offline) with any other user (including both Pet Owners and Providers) are solely between you and them, and are your sole responsibility. If you have such a dispute, you release us and our respective officers, directors, employees, agents, subsidiaries, affiliates, licensors, licensees, operational service providers, and suppliers from all claims, demands and damages actual and consequential, know or unknown, arising from or related to the dispute.
- Entire Agreement. This Agreement contains the sole and entire agreement between the parties with respect to the use of the Website as described herein and supersedes any and all other prior written or oral agreements between them.
- Miscellaneous. Should any part of this Agreement be held invalid or unenforceable, that portion shall be severed and the remaining portions shall remain in full force and effect. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce that or any other provision of this Agreement. In the event a dispute arises regarding this Agreement or the use of the PetYen Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.