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Terms and conditions of use of PETBARTER.COM service

Welcome to Petbarter.com ("Petbarter"). Members of Petbarter ("Members") are encouraged to use Petbarter as a means to build relationships with other like-minded pet owners, primarily for the purpose of exchanging pet care services, offering to host other Members pets in their homes and/or exchanging pet care,. Among other privileges, Members can use this website (the "Website", or any related website, the "Websites") to access useful pet care information as well as to communicate with other Members.

By enrolling as a Member, you are agreeing to be bound by all of the terms and conditions herein. Members are entitled to certain services subject to these Terms and Conditions of Use, including the right to access the Websites and to contact other Members.

If you have not elected to subscribe as a Member but use the Website, you do so as a guest of Petbarter (a "Guest"). Guests may be offered access to privileges that are similar to those offered to Members, but such access may be limited by the Petbarter, in its sole and absolute discretion. When using any of the Websites or Android or iOS (Apple) applications, Guests agree to comply with all of the requirements herein.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING ANY OF THE WEBSITES AND/OR ENROLLING IN THE SERVICE AS A GUEST OR JOINING AS A MEMBER. BY CONTINUING TO ACCESS OR USE ANY OF THE WEBSITES OR PETBARTER SERVICES YOU SIGNIFY YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE.

Petbarter reserves the right to amend, remove, or add to these Terms and Conditions at any time with or without notice; however, the date at which these Terms and Conditions have been last updated shall be reflected at the top of this document. Any modification shall be effective immediately. Please review these Terms and Conditions of Use whenever accessing or using this site.

If you do not agree with all of the terms of these Terms and Conditions of Use, you do not have the right to access the Websites or utilize any of the services of Petbarter other than via our Support team.


DEFINITION OF TERMS

  • "Agreement" means the agreement between you and Us incorporating these Terms and Conditions of Use, as amended from time to time in the manner set forth herein.
  • "Exchange" means to make your home or other accommodation or yourself available to another Member’s pets for pet care, whether simultaneous or non-simultaneous, reciprocal or nonreciprocal and paid, or not paid.
  • "Profile" means any pet described on the Website(s) published by a Member. Profiles may include, pet’s which can reasonably be expected to be provided care.
  • "We", "us", "our" means Petbarter; and
  • "I", "you", "your", "yourself" means any Member or Guest who uses any of the Websites, accesses the services of Petbarter

PETBARTER SERVICES

  • Petbarter relies on the integrity and responsibility of the Profile parties and is only responsible for publishing Profiles on the Websites.
  • Petbarter does not verify the existence or accuracy of the description of any Profile and does not guarantee an Exchange of any kind other than as explicitly set forth on the Websites.
  • Members and users of all Petbarter services take sole responsibility for any and all Agreements reached through use of the Websites and applications.

CODE OF CONDUCT

As a user of this service, you agree:

  • To not provide false or misleading information to Petbarter or its Members, including, without limitation the obligation to accurately describe your Profile on the Website and in all correspondence. All Profiles shall reflect an accurate description of the pet, including, without limitation, the type, number and size. Any photos posted must be of the pet offered for Exchange, unless specifically indicated. The omission of any detail which a reasonable person may find relevant may be treated the same as an inaccurate description and subject a Member's membership to termination and the Profile to removal from the Websites.
  • To only post information for all pet’s on each Profile and not to use the Websites or a Profile to offer anything else but pet care services.
  • Not to post on the service, or transmit to other Members or to us or our employees, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, racially offensive, or illegal material or communication, or any material that infringes or violates another party's rights.
  • That any Profile you publish on the Websites is posted for the primary purpose of seeking an Exchange of pet care or offer of pet care with other Members. Until you have agreed to an Exchange, you are under no obligation to Exchange with any other Member who has contacted you or whom you have contacted.
  • Not to advertise or solicit other Members to buy or sell any products or services, other than your Profile for Exchange as described in your Profile and via the Website(s), applications, service.
  • To leave provide your pet in a clean, healthy and sanitary condition when subject to an Exchange to another Member of Petbarter.
  • To treat other Member with whom you Exchange (an "Exchange Partner") with courtesy and respect and their pet as you would treat your own.
  • To leave each Exchange Partner's pet in as good or better condition than you found it and to notify your Exchange Partner of any damage you caused and offer to repair or pay for same.
  • You understand that Petbarter offers experiences not available in typical pet care situations, and you are aware of the small obstacles that may be presented when dealing with personal, cultural and language differences.
  • Not to use any of the Websites, applications or Petbarter to violate any applicable law and not to post or send any content or engage in any conduct that subjects Petbarter to any threat of civil or criminal penalties. Furthermore, that you are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, rules and restrictions applicable to co-ops, condominiums and other common interest developments, and safety compliance.
  • Not to upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.
  • That you are responsible for conducting your own investigation regarding any and all claims and disclosures made by prospective Exchangers, pet owners or agents, whether or not Members, who have contacted you.
  • That you assume all liability for your use of any information appearing on any of the Websites.
  • That you have the authority to enter into this Agreement, to post your Profile and to offer it for Exchange.
  • That you are solely responsible for your communications and relationship with other Members.
  • That we reserve the right to sign out, terminate, delete or purge your Profile and related information from the Website and our servers if you have not signed in to the service for a particular period of time, as determined by us, in our sole discretion.
  • Any web address or URL links must be approved by the Petbarter. Email addresses and other contact information must reside only in the authorized locations within the registration. All other references to specific web addresses, websites, email addresses or phone numbers may be removed without notice.
  • CANCELLATIONS. You understand that cancelling an Exchange can have financial consequences to you and your Exchange partner ("Exchange Partner"). You agree that failing to fulfill your commitments to your Exchange Partner can be reasonably expected to result in inconvenience and financial loss to such partner. You will honor any and all obligations you make to Exchange Partners and use best efforts to mitigate any loss caused by your failure to do so. If, for any reason you cancel an Exchange (with or without justification), you will assist your Exchange Partner in making substitute arrangements, finding alternative accommodations, paying reasonable compensation for such accommodations if necessary, and/or by reimbursing your partner for non-refundable expenses. At a Member's request, Petbarter WILL NOT assist in these efforts. If you fail to fulfill obligations, as determined in the sole discretion of Petbarter, your Profile may be removed from the site and your Membership permanently canceled, without refund.

MEMBER BEHAVIOR

Petbarter DOES NOT use tools and procedures designed to screen Members; Petbarter does not perform background checks, require references or its prospects, or accept any obligation to independently verify the information posted by its Members on their Profiles. Petbarter makes no representations or warranties as to the conduct of Members or the adequacy of a Member's pet published on a Profile, including as to whether a relationship between Petbarter Members complies with local rules or laws and the implications thereof.

All pet’s on the site are available for pet care Exchanges, subject to a mutual agreement between Members. Petbarter does not participate in any and is not acting as a broker or an agent in connection with any terms you may negotiate. Any request for payment or exchange of pet care services from members must be in response to an exchange enquiry between members. We urge caution when sending deposits and in no case recommend deposits be sent by Western Union. Petbarter recommends that pet care services are exchanged. However members can choose to offer and provide pet care for a fee and if the members wishes pay for pet care services.

WEBSITE AND CONTENT FOR LIMITED PURPOSES ONLY; SPAM

Petbarter is a service offered by a private membership organization, and information contained herein is private and not in the public domain. All content within this Website, including information published in connection with each Profile, is exclusively made available to Members for the purpose of arranging home Pet care Exchanges between Members. Correspondence between Members should be for the purposes of arranging an Exchange or booking between and among Members of pet care services.

The Websites shall not be used for any solicitations, or for any commercial use. Data mining of information from this Website, and/or collecting or storing personal information about Members, is prohibited. Any attempt to collect or use email addresses from Members and email individual Members or groups of Members other than for the purpose of arranging an Exchange of pet care between Members is in violation of these Terms of Use. Any violation of this paragraph shall subject the violator to penalties and you shall indemnify and hold Petbarter harmless from and against any and all costs and damages incurred by Petbarter as a result of such violation.

Petbarter does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM). Petbarter reserves the right to cancel (without refund) any Member that mentions Petbarter or any of its associated websites, URLs, or any associated Petbarter email address in any SPAM e-mail message. Petbarter reserves the right to cancel (without refund) any Member that uses Petbarter to send any solicitations other than personal Exchange requests or replies. Any violation of this paragraph shall subject the violator to penalties and you shall indemnify and hold Petbarter harmless from and against any and all costs and damages incurred by Petbarter as a result of such violation.

Inquiries may be monitored and filtered by Petbarter prior to delivery to Petbarter members. Inquiries may be read by Petbarter staff members. Despite Petbarter efforts it is possible that some SPAM inquiries will be delivered, and also that some non-SPAM inquiries may not be delivered. Petbarter cannot be held responsible for undelivered inquiries.

MESSAGES SENT BETWEEN YOU AND OTHER MEMBERS THAT ARE NOT READILY ACCESSIBLE TO THE GENERAL PUBLIC MAY BE REVIEWED BY US FOR COMPLIANCE WITH THIS AGREEMENT, BUT WILL BE TREATED BY US AS PRIVATE TO THE EXTENT REQUIRED BY APPLICABLE LAW. WE SHALL HAVE THE RIGHT TO REMOVE ANY SUCH MATERIAL THAT, IN OUR SOLE DISCRETION, VIOLATES, OR IS ALLEGED TO VIOLATE, THE LAW OR THIS AGREEMENT. NOTWITHSTANDING THIS RIGHT, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST AND MESSAGES YOU EXCHANGE.

INTELLECTUAL PROPERTY

The Websites, applications and all content contained therein and thereon, are protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws all countries. The Websites are also protected as a collective work and/or compilation under copyright and other laws and treaties. All individual elements making up the Websites are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from the Websites, reusing, reselling, distributing, scraping or publishing the content in any way is prohibited. Any violation of this paragraph shall subject the violator to penalties and you shall indemnify and hold Petbarter harmless from and against any and all costs and damages incurred by Petbarter as a result of such violation.

PROPRIETARY RIGHTS

You grant to us an irrevocable, non-exclusive and royalty-free right and license (but not obligation), in perpetuity throughout the world, to use, copy, perform, reproduce, promote, publish, display and distribute any intellectual pet and all copyright, in and to, each and every photograph, video, and all information related to your Profile. You grant these rights to us free of charge and without any commitment of an attribution as to authorship, ownership or other similar reference. You represent and warrant that you have the right to grant the rights and license in this paragraph.

You are responsible for determining whether content or information is protected by copyright, trademark, trade secret, right of publicity or other proprietary right. Except for that information which is in the public domain or for which you have been given express written permission you agree not to upload, post, or otherwise transmit any content or information protected by copyright, trademark, trade secret, right of publicity or other proprietary right without the express permission of the owner of such copyright, trademark, trade secret, right of publicity or other proprietary right. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, rights of publicity or other proprietary rights or any other harm resulting from such a submission.

PROPRIETARY RIGHTS

You also agree to read, review, comply with, uphold and maintain our Privacy Statement and the terms and conditions thereof.

ELIGIBILITY SUBJECT TO PERSONAL USE: MINORS MAY NOT BECOME MEMBERS.

You May Not Use The Service If you Are Under The Age Of 18 Or you Are Ineligible To Form A Legally Binding Contract. Your Membership for the service is for your sole, personal use. You may not authorize others to use your Membership, and except as otherwise expressly provided in the Section entitled "Right to Assign" below, you may not assign or otherwise transfer your account to any other person or entity. By using the Website or services of Petbarter, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement. By posting a Profile, you represent and warrant that you are at least 18 years old.

RIGHT TO REFUSE SERVICE AND SUSPEND OR TERMINATE MEMBERSHIP

Petbarter reserves the right to refuse service to anyone and terminate any Membership, for any reason, at our sole and absolute discretion. At any time Petbarter may suspend or terminate any Profile or Membership for any reason or for no reason at all, at the Petbarter's sole and absolute discretion.

Grounds considered for termination may include, without limitation, behavior Petbarter considers to be inappropriate, including in connection with the review of any dispute, and any action that we feel compromises the reputation or security of the Websites, adversely affects other Members or their pet, or any action that we believe may be detrimental to the Petbarter. Petbarter further reserves the right to terminate any Membership if it determines, in our sole and absolute discretion, that a Member has violated this Agreement or our posted Privacy Statement or if any information provided by a Member is found to be materially misrepresented, or a Member's Profile or actions are in violation of any law or any provision of this Agreement, including if such Member's account has been suspended or terminated in the past. If a Membership is terminated without any reason, the Member will be entitled only to a pro rata refund of any fee paid. If Membership is terminated due to any violation of this Terms of Use, no refund will be provided.

Refunds will not be given when Members terminate their Profiles or accounts.

USE AT YOUR RISK: DISCLAIMER AND LIMITATION OF LIABILITY

Use of any of the Websites and any information obtained from the Websites is at your sole risk. Petbarter makes no guarantees, either express or implied, regarding the profiles listed or Exchanged using the Websites. Petbarter makes no warranty of any kind, express or implied, as to the Profiles or any other information contained on the Websites, including, but not limited to, accuracy and non-infringement.

You agree that Petbarter has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by the Websites and it is your responsibility to keep a backup copy of any text, images, or other submitted materials on your own computer system or backup device. You acknowledge that features, parameters or other services provided by Petbarter may change at any time.

In no event shall Petbarter be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the service, including without limitation, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other registered users of this service. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL PETBARTER, ITS OFFICERS, DIRECTORS, SHAREHOLDERS, AFFILIATES, SUPPLIERS, REPRESENTATIVES OR AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF PETBARTER HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE.

Opinions, advice, statements, offers, or other information or content made available through the service, but not directly by us, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY INFORMATION ON THE SERVICE AND WE NEITHER ADOPT NOR ENDORSE, NOR ARE WE RESPONSIBLE FOR, THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN US. UNDER NO CIRCUMSTANCES ARE WE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANY PERSON'S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SERVICE OR TRANSMITTED TO MEMBERS.

Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Petbarter be liable for any amount in excess of the Membership fees paid by the Member.

INDEMNIFICATION

You agree to indemnify and hold harmless Petbarter, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of this service, including but not limited to:

  1. any claims for injury or damage to person or from a pet you own
  2. any claims for injury or damage to person or pet arising from a pet care exchange transaction to which you are a party
  3. a violation of the Terms and Conditions of Use by you or anyone using your computer (or account, where applicable)
  4. a claim that any use of the Service by you or someone using your computer (or account, where applicable) infringes any pet right of any third party
  5. any misrepresentation by you; or
  6. any breach of any Agreement to be performed by you.

You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.

MEMBER DISPUTES AND RELEASE

Petbarter cannot be held responsible for any events that occur as a result of any relationship between Members or Guests using the Websites. Any disputes arising from the use of Petbarter or Affiliate websites must be settled between the parties who directly participated in the pet care Exchange, hospitality, house sitting or other use of the pet in question. Members shall use best efforts to attempt to resolve disputes arising out of or relating to the Exchange of pet care services by amicable discussion. If this is unsuccessful, Petbarter WILL NOT volunteer to assess the arguments of the Members and make suggestions for settlement, and it has no obligation to do so and any recommendation by Petbarter has no binding authority; provided, however, the Member may choose to terminate a Membership after assessing a dispute in its sole and absolute discretion. In the event of a termination of a Membership due to a dispute Petbarter has no obligation to offer a refund. Petbarter does not assume any responsibility for subsequent resolution or failure to resolve.

If you have a dispute with one or more of our Members, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

LEGAL ACTION AND ENFORCEMENT OF THIS AGREEMENT

If a dispute arises between any Member or user of the Websites or the services of Petbarter, any legal action will be brought exclusively in British Columbia, Canada, in accordance herewith and the laws of British Columbia shall apply without regard to any other choice of law considerations. You agree to service of process by email to the email address you register with the Websites. The parties shall initially both bear their own costs of the arbitration. The prevailing party in any action arising out of or relating to this Agreement shall be entitled to recover costs, expert witness fees, attorneys' fees and arbitrator's fees.

RIGHT TO ASSIGN

Petbarter may assign its rights to this Agreement without the Members' consent.

INSURANCE

It is the responsibility of Members to verify their own insurance coverage and the coverage provided by their Exchange Partner, including home, pet and liability.

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire Agreement between you and the Petbarter, and supersede any and all prior Agreements, whether oral or written, except as expressly provided. This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument. If any provision of these Terms and Conditions of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in force.

By using or continuing to access any of the Websites or use the services of the Petbarter, you agree to the terms and conditions of this Agreement.

This Agreement was last modified on January 1, 2016.
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