The PetSwapp Terms of Service (“Terms“) is a legally binding agreement between you (“you” and “your”) and Kndly, Inc., a Delaware corporation, dba “PetSwapp” (“PetSwapp“,”Company”, ”We“, “Our“ or “Us”).
These Terms govern your use of the PetSwapp website, any PetSwapp mobile application, application programming interfaces, content, resources, products and other services offered by PetSwapp, as well as PetSwapp Services offered through third parties integrating PetSwapp functionality (collectively, the “Services” or “Service”).
By using the PetSwapp services you are indicating that you have read these terms of use, our privacy policy and our guidelines (collectively the “agreement“) and you understand, and you consent to be bound by, all the terms and conditions of the agreement. These terms of use set forth your rights and obligations with respect to your use of any version of the PetSwappl services. IF YOU DO NOT AGREE WITH THESE TERMS, YOU SHOULD NOT ACCEPT THEM, IN WHICH CASE YOU DO NOT HAVE THE RIGHT TO USE THE PetSwapp SERVICES.
PetSwapp reserves the right, in its sole discretion, to change, add or remove portions of these Terms at any time and all rights that it may have in law or equity to enforce the Terms or the use of the Content. It is Your responsibility to check these Terms of Use each time before using the PetSwapp Service. Your continued use of the Services will constitute your acceptance of the amended Terms. Because they are binding upon You and govern Your relationship with PetSwapp, You should visit this page from time to time to review the then-current Terms of Use.
The Services include a marketplace technology platform that enables third-party pet owners and lovers (“Members” or “Users”) to connect with each other.
PetSwapp has no control over the conduct of Members or any other users of the Services. YOU ACKNOWLEDGE AND AGREE THAT PetSwapp IS A TECHNOLOGY SERVICES PROVIDER THAT DOES NOT PROVIDE PET CARE SERVICES.
PetSwapp is a neutral venue for Members. PetSwapp is not a provider of pet related services (“Service Provider”) and, except for emergency support and other resources and support specifically described in the PetSwapp Service, does not provide pet care services. We make no representations or warranties about the quality of boarding, pet sitting, dog walking, house sitting, or other services provided by Members (“Pet Care Services”), or about your interactions and dealings with users.
Members listed on PetSwapp are not under the direction or control of PetSwapp, and Members determine at their own discretion how to provide Pet Care Services.
PetSwapp does not employ, recommend or endorse Members, and, to the maximum extent permitted by applicable law, we will not be responsible or liable for the performance or conduct of Members, whether online or offline. We conduct an initial review of Members’ profiles, but, except where explicitly specified in the PetSwapp Service (and then only to the extent specified), do not otherwise screen Members. You should exercise caution and use your independent judgment before engaging a Member, providing Pet Care Services, or otherwise interacting with users via the PetSwapp Service. Members are solely responsible for making decisions that are in the best interests of themselves and their pets. For example, each user of the Service is responsible for keeping current his or her own pet’s vaccinations, and we will have no liability for anyone’s failure to vaccinate his or her pet.
PetSwapp has no liability for any claims, injuries, loss, harm and/or damages arising from and/or in any way related to your interactions or dealings with other users and the acts and/or omissions of Members, whether online or offline. You acknowledge and agree that, to the maximum extent permitted by the applicable law, YOUR USE AND/OR PROVISION OF PET CARE SERVICES IS AT YOUR SOLE AND EXCLUSIVE RISK.
3.1 Swap Requests And Stays
When a Member needs their pet to be looked after for a certain period of time, they send a “Swap Request” (“Tenant Member”) to a member who is willing to look after the pet in question (“Hosting Member”) through the Services. A “Swap Request” means the Tenant Member is requesting the Hosting Member to look after their pet for a determined period of time, in exchange for a specified number of “Points” depending on the length of time the Swap will be taking place.
When a Hosting Member accepts the Swap request through the PetSwapp Services, a specified number of Points from the Tenant Member’s account get transferred to the Hosting Member’s account (a “Stay”)
All requests are subject to acceptance by the receiving party. The receiving party is not obligated to accept your (or any) request and may, at their discretion, decline for any reason. You acknowledge that, once you complete a Stay, the points agreed upon the Stay confirmation will be transferred to the receiving party.
3.2 Using PetSwapp
You must be at least 18 years old to use the Services. If you are under the age of majority in your state of residence or a minor, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Services with permission from your parent or legal guardian.
By accessing and using the Services, you certify that you will comply with all laws and regulations applicable to your activities conducted through, or related to, the Services.
This means, among other things, that you will ensure that your pets are vaccinated, licensed, identification-tagged and/or microchipped as required by local laws or regulations; that you have obtained and will maintain any mandatory insurance policies concerning the pets whose care you entrust to other Members (and that such policies will benefit third parties, including Members, to the same extent they benefit you); that you have complied and will comply with all laws and regulations that are applicable to you; and that, when providing a Stay, you will comply with applicable leash, pet waste disposal, and similar laws.
You acknowledge that PetSwapp is entitled to rely on these certifications from you, is not responsible to ensure that all users have complied with applicable laws and regulations, and will not be liable for a user’s failure to do so.
3.3 Evaluating Members
Members are solely responsible for evaluating the suitability of other Members for the services they offer to provide. Though PetSwapp performs a limited review of Members profiles, any such screening is limited, and PetSwapp does not warrant that any such screen is accurate, complete, conclusive or up-to-date. Similarly, PetSwapp does not endorse reviews of Members by other Members that may be available via the Services, and PetSwapp makes no commitments that such reviews are accurate or legitimate.
3.4 Re-Homing pets
Tenant Members who arrange for a Stay and fail to retrieve their pet after the service period identified in a Stay agree that PetSwapp (or the Hosting Member) may, in its (or his or her) sole discretion, place the pet in foster care, transfer care to animal control or other law enforcement authorities, or find other alternate care. The Tenant Member agrees to reimburse PetSwapp and/or the Hosting Member for all costs and expenses associated with such actions. Further, PetSwapp expressly reserves the right, in its sole discretion, to remove a Tenant Member's pet from a Hosting Member's care should PetSwapp deem it necessary for the safety of a pet, the Hosting Member, or any persons living with the Hosting Member. Prior to removing a pet from the care of a Hosting Member, PetSwapp will use reasonable efforts during its normal business hours to contact the Tenant Member who owns the pet in question and/or Tenant Member’s emergency contact (if provided) to arrange alternative care. Should PetSwapp not be able to contact the Tenant Member or the emergency contact, PetSwapp will use its best judgment to find alternative care for the pet until the Tenant Member is able to retrieve his/her pet. As a Member, you authorize your pet’s veterinarian(s) to release your pet’s veterinary records to PetSwapp in connection with any such relocation or re-homing of your pet. In addition, you are responsible for and agree to pay all costs and expenses incurred by PetSwapp in connection with such transfer.
3.5 Emergencies
We recommend that before a Stay takes place, Tenant Members give Hosting Members contact information where they can be reached in the event medical care for a pet becomes necessary. Hosting Members agree to immediately contact the Tenant Member in the event such care becomes necessary or, if the Tenant Member is not available, to contact PetSwapp at the applicable telephone number or email address. As the Tenant Member, you hereby authorize the Hosting Member and PetSwapp to obtain and authorize the provision of veterinary care for your pet if you cannot be reached to authorize care yourself in an emergency situation. In such case, you also authorize your pet’s veterinarian(s) to release your pet’s veterinary records to PetSwapp. If the Hosting Member reaches you with a request to authorize medical care for your pet and you refuse, you release the Tenant Member and PetSwapp for any injury, damage or liability arising from failure to seek such care, including from reimbursement. Tenant Members are responsible for the costs of any such medical treatment for pets and, as the Tenant Member, you hereby authorize PetSwapp to charge your credit card or other payment method for such costs. PetSwapp recommends that all users have adequate pet insurance to cover the costs of veterinary care.
You are responsible for your use of the Services, and for any use of the Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users, third parties, or to us. When you use the Services, you agree:
You understand and agree that we have no obligation to provide the Services in any specific location or territory, nor to continue providing it once we have begun. We reserve the right to not provide the Services to any person. We also reserve the right to suspend or terminate any user’s right to access the Services at any time, in our sole discretion, for any reason (or no reason at all), including, without limitation, below average ratings or reviews of you. If your conduct on the Services or with respect to the Services is inappropriate or unsafe or you violate any of these Terms, your permission to use the Services automatically terminates. If you wish to deactivate your account, please contact PetSwapp. Note that if you have any outstanding payment obligations, those will survive suspension or termination of your account.
Our collection and use of your personal information on the Services is described in our Privacy Statement. By accessing or using the Services, you acknowledge that you have read and understand the Privacy Statement.
You expressly consent to receive and accept communications from PetSwapp, our affiliates, and their respective representatives, including via e-mail, telephone calls, text messages (including by an automatic telephone dialing system or a prerecorded voice), push notifications, or other comparable means at any of the e-mail addresses and/or telephone numbers provided by you or on your behalf to PetSwapp. You agree that the foregoing authorized communications may be initiated for any transactional, customer service, advertising, marketing, promotional, debt collection, account administration, or other purposes. YOU ACKNOWLEDGE THAT YOU ARE NOT REQUIRED TO CONSENT TO RECEIVE PRERECORDED OR AUTODIALED PROMOTIONAL, ADVERTISING, OR MARKETING (COLLECTIVELY, “MARKETING”) CALLS OR TEXT MESSAGES AS A CONDITION OF PURCHASING ANY PROPERTY, GOODS, OR SERVICES. IF YOU WISH TO OPT OUT OF MARKETING CALLS, EMAILS, OR TEXT MESSAGES FROM US, YOU AGREE TO OPT OUT BY FOLLOWING ANY UNSUBSCRIBE INSTRUCTIONS PROVIDED TO YOU IN THOSE COMMUNICATIONS. Standard text messaging and data charges charged by your wireless service carrier will apply to text messages we may send. You represent and warrant that you are authorized to approve the receipt of calls and text messages at any telephone number you provide to us in connection with your account or your use of our Services and to approve any related carrier charges. PLEASE BE ADVISED THAT IF YOU OPT OUT OF MARKETING COMMUNICATIONS, PetSwapp MAY STILL SEND YOU COMMUNICATIONS ABOUT YOUR ACCOUNT OR ANY TRANSACTIONS BETWEEN YOU, PetSwapp, AND/OR OTHER MEMBERS OF THE PLATFORM, INCLUDING THE SERVICES YOU PROVIDE TO OR RECEIVE FROM OTHER MEMBERS OF THE PLATFORM. YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING TEXT MESSAGES OR OTHER COMMUNICATIONS MAY IMPACT YOUR USE OF THE SERVICES.
The Services allow you to upload, submit, store, send, or receive data, information, and content (“Your Content”).
Except for the limitations on our use and disclosure of personal information described in our Privacy Statement, to the maximum extent and duration permitted under any applicable law, you grant PetSwapp an irrevocable, perpetual, non-exclusive, fully paid worldwide license to use, copy, perform, publicly display, reproduce, adapt, modify, transmit, broadcast, prepare derivative works of, and/or distribute Your Content in connection with providing and/or promoting the Services, and to sublicense these rights to third parties.
If your name, voice, image, persona, likeness, or performance is included in any of Your Content, you hereby waive, and release PetSwapp and its users from, any claim or cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy, publicity, or personality, or any similar claim arising out of the use of Your Content in accordance with the license in Section 7.2 and the other provisions of these Terms.
You represent and warrant that (1) you are the owner or licensor of Your Content, and that you have all rights, consents and permissions necessary to grant the license in and make the release in with respect to Your Content, (2) that you have any necessary consents and releases from individuals who appear or whose pets appear in Your Content; and (3) Your Content does not violate the law or these Terms.
We may refuse to accept or transmit Your Content for any reason. You acknowledge and agree that we are distributors (without any obligation to verify) and not publishers of Your Content or Members’ reviews, and we reserve the right to monitor, screen, edit, or remove Your Content or Members’ reviews in the event that such content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Company’s content policies at any time. Our failure to enforce our rights under these Terms in one instance does not create a waiver of our right to enforce them in another instance. We are not obligated to provide you with copies of Your Content, nor will we have any liability to you for any deletion, disclosure, loss, or modification to Your Content. It is your sole responsibility to maintain backup copies of Your Content.
The Services may provide the ability to leave public and/or private reviews of users or their pets. You acknowledge that even private reviews may be shared with third parties in accordance with applicable law and our Privacy Policy and that PetSwapp has no obligation to preserve or indefinitely store any reviews. We have no obligation to provide you with the content of any reviews about you submitted by other users of the Services, whether before or after termination of your account for the Services. We will have no liability to you for any deletion, disclosure, loss, or modification of these reviews. We reserve the right to screen, edit, or remove these reviews from the Services at any time.
8.2 Consent to Members’ Photo and Video Activities
As a Tenant Member, you understand and agree that certain other Hosting Members may take pictures or videos or otherwise create recorded media of you or your pet during the course of a Stay. You also understand and agree that during the course of a Stay you or your pet may participate in recorded media. You further understand and agree that Hosting Members may post, upload, share, store, or otherwise provide any such pictures, videos, or other forms of recorded media to PetSwapp through the Services or to their own social media, the Internet, or otherwise. You understand and agree that such recorded media may be used not only to provide information to you as part of the Services, but also to assist PetSwapp in quality control, safety, and promotional and marketing activities. You agree that you have no right, title, or other ownership interest to or in such pictures, videos, or other forms of recorded media, and that the use of such media, including the posting or display of such media, is within PetSwapp’s sole discretion. PetSwapp hereby grants you a limited, revocable, non-exclusive license to copy and use pictures, videos, and other forms of recorded media of your pet that are made available by PetSwapp through the PetSwapp Services, solely for non-commercial purposes (e.g., posting a photo on your social media accounts).
8.3 Ownership
Other than Your Content, we own or license all right, title, and interest in and to (a) the Services, including all software, text, media, and other content available on the Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Services, Our Content, and Marks are all protected under U.S. and international laws. The look and feel of the Services are property of Kndly, Inc. All rights reserved. You may not duplicate, copy, or reuse any portion of the code, or visual design elements or concepts without express written permission from Kndly, Inc.
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe in good faith that your copyrighted work has been infringed by content posted on the PetSwapp Services, please provide our designated copyright agent with a written notice that includes all of the following information:
For clarity, only copyright infringement notices should be sent to our Copyright Agent at info@kndly.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use such content, you may submit a counter-notice to the Copyright Agent address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within ten (10) days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification, we will be unable to restore the material. If we do not receive such notification, we may reinstate the material.
The Services may contain links to other websites and online resources, and the Services may be made available or accessed in connection with third-party services and content (including advertising) that PetSwapp does not control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party websites, services, and content. PetSwapp does not endorse such third-party websites, services, and content and in no event shall PetSwapp be responsible or liable for any damage or loss related to the use of websites, products, services, or content of such third-party providers.
Reviews, profiles, advice, opinions, statements, offers, postings, or other information or content made available through the Services, but not directly by PetSwapp, are those of their respective authors, who are solely responsible for such content.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PetSwapp DOES NOT: (A) WARRANT THE ACCURACY, ADEQUACY, OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES; OR (A) ADOPT, ENDORSE, OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PetSwapp.
These Terms apply to your use of the Services, including the PetSwapp applications (each an “Application”) made available by third-party providers such as Apple, Inc. and Google, Inc. (each a “Provider”) through their respective online stores, but the following additional terms also apply to each Application:
11.2 Apple Maps
Use of the PetSwapp Service requires use of Apple Maps features and content, which are subject to the current (1) Apple Maps Additional Terms of Service at https://www.apple.com/legal/internet-services/maps/terms-en.html; and (2) Apple Privacy Policy at https://www.apple.com/legal/privacy/en-ww/ (collectively, the "Apple Terms"). By using the PetSwapp Service, you acknowledge and agree to the Apple Terms as they apply to you (e.g., as an "End User"). Any unauthorized use of the Apple Maps features and content may result in your suspension or termination from the Services.
YOU USE THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES AT YOUR OWN RISK. THE SERVICES AND ANY CONTENT AND PRODUCTS AVAILABLE ON OR THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, PetSwapp AND ITS OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
IN PARTICULAR, PetSwapp AND ITS AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SERVICES, PRODUCTS OFFERED FOR SALE THROUGH THE SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SERVICES. PetSwapp AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY, INJURY TO ANY PETS, OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SERVICES; (c) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SERVICES; (d) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (e) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED OR ANY PRODUCT OFFERED FOR SALE THROUGH THE SERVICES.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE. YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE INTRODUCED TO A THIRD PARTY THAT MAY POSE HARM OR RISK TO YOU OR OTHER THIRD PARTIES. YOU ARE ADVISED TO TAKE REASONABLE PRECAUTIONS WITH RESPECT TO INTERACTIONS WITH THIRD PARTIES ENCOUNTERED IN CONNECTION WITH THE USE OF THE SERVICES.
YOU FURTHER ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION, DATA AND/OR CONTENT. WE HAVE NO OBLIGATION TO PROVIDE SECURITY. YOU SHALL HAVE SOLE RESPONSIBILITY FOR THE ACCURACY, QUALITY, INTEGRITY, LEGALITY, RELIABILITY, APPROPRIATENESS, AND OWNERSHIP OF ALL OF YOUR DATA AND USER CONTENT THAT MAY APPEAR ON THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, COMPENSATORY, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR LOSS OF PROFITS, REVENUE, OR DATA) OR FOR THE COST OF OBTAINING SUBSTITUTE PRODUCTS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, HOWEVER CAUSED, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT WE’VE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FOR EXAMPLE, WE SHALL NOT BE RESPONSIBLE FOR YOUR CONDUCT OR ANY THIRD-PARTY CONDUCT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, INJURY TO ANY PETS, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES THAT MAY RESULT FROM YOUR USE OF THE SERVICES, OR FOR ANY INTERACTIONS WITH OTHER USERS OF THE SERVICES, WHETHER ONLINE OR OFFLINE. FURTHERMORE, YOU AGREE THAT IN NO EVENT WILL WE BE LIABLE FOR ANY LOSSES, DAMAGE, OR HARM THAT ARISE OUT OF YOUR VIOLATION OF THESE TERMS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY UNDER THESE TERMS, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID TO US DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations. While we aim to display product colors and images as accurately as possible, we cannot guarantee that your computer monitor's display of any color will be accurate. We reserve the right to correct or update any information, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order), but disclaim any obligation to do so except as required by law.
You are solely responsible for determining whether products are suitable for use or consumption by your pet. Any nutrition, ingredient, allergen, or other product information is provided by the product manufacturers or suppliers and may be modified by the manufacturers from time to time. PetSwapp does not represent or warrant that such information is accurate or complete, and we recommend that you do not rely solely on the information presented. Please consult the product label or contact the manufacturer directly if you have a specific dietary or allergic concern or any other question about a product.
You understand and agree that we have set our prices and entered into these Terms with you in reliance upon the limitations of liability set forth in these Terms, which allocate risk between us and form the basis of the bargain between the parties.
You agree to indemnify and hold harmless PetSwapp and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) of any kind or nature, arising from or relating to, any (i) actual or alleged breach of these Terms by you or anyone using your account, including claims arising from a breach of any of the Member Obligations set forth in these Terms; (ii) transactions, interactions or disputes with other users of the Services, whether online or offline; (iii) your misstatements, omissions, misrepresentations, or violation of applicable law; (iv) any of Your Content; (v) any text messages or other communications that you initiate to other Users or to third parties through our Services; and (vi) the actions of your pet(s), including any property damage or personal injury to third parties caused by your pet or pets under your care. YOU FURTHER AGREE THAT YOU WILL COOPERATE WITH US IN THE DEFENSE AND INVESTIGATION OF SUCH CLAIMS. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER SUBJECT TO INDEMNIFICATION UNDER THIS SECTION, AND YOU WILL NOT SETTLE ANY SUCH CLAIM OR MATTER WITHOUT OUR PRIOR WRITTEN CONSENT.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH PetSwapp AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Members are a third-party beneficiary of these Terms, and upon acceptance of these Terms, the Members will have the right (and will be deemed to have accepted the right) to enforce these Terms as the third-party beneficiary hereof, including without limitation the Arbitration Agreement & Waiver of Certain Rights.
Nothing in these Terms will be construed as making either party the partner, joint venturer, agent, legal representative, employer, worker, or employee of the other.
Under no circumstances will PetSwapp be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any conflict of laws, rules or provisions. In the event the Arbitration Agreement above is found not to apply to you or a particular claim or dispute, you agree that any action of whatever nature arising from or relating to these Terms or Services will be filed only in the state or federal courts located in California. You and PetSwapp consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
The invalidity, illegality or unenforceability of any term or provision of these Terms will in no way affect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms will be enforceable as so modified. To the maximum extent possible under applicable local law, this Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
YOU AND PetSwapp HEREBY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDINGS ARISING OUT OF OR RELATING IN ANY WAY TO THE SERVICES, THESE TERMS, YOUR RELATIONSHIP WITH PetSwapp, OR YOUR RECEIPT OF ANY COMMUNICATIONS WITH PetSwapp.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions. The failure by us to enforce any right or provision of these Terms will not be deemed a waiver and will not prevent us from enforcing such right or provision in the future.
We may freely assign our rights and obligations under these Terms, including in connection with a merger, acquisition, reorganization, sale of assets or equity, or by operation of law. You may not assign any rights or obligations under these Terms without the prior written consent of PetSwapp and any purported assignment in violation of this provision shall be null and void.