Terms of Service
Foundmypet.com Terms of Service
All people accessing Foundmypet.com agree to be bound by these Foundmypet.com
Terms of Service, all applicable laws and regulations, and agree that you are responsible for
compliance with any applicable local laws. If you do not agree with any part of Foundmypet.com
Terms of Service, you are prohibited from accessing this website. Foundmypet.com contains
material which is protected by applicable copyright and trade mark law. By accessing
Foundmypet.com, and agreeing to the Foundmypet.com Terms of Service, you are agreeing
to enter into a legally binding agreement ("The Agreement") between You and Found My Pet
Inc. This Agreement may be changed from time to time by Found My Pet Inc. and applies to
all users of FoundMyPet.com (the "Web Site"), which includes but is not limited to: Breeders,
Adoption Centers, Animal Shelters, Individuals looking for a pet, Individuals looking to sell their
pet or put a pet up for adoption.
If any provision of this Agreement is found by a court or arbitrator to be void, You and
Found My Pet Inc. nevertheless agree that the remainder of this Agreement is valid and binding.
FoundMyPet.com is a service intended as a way for potential pet owners to find a
new pet by connecting them with adoption centers, animal shelters, and/or breeders and vise
versa. Foundmypet.com is provided by Found My Pet Inc. Although Found My Pet Inc. may
recommend "Potential Pets" for You, We provide no guarantee that You will gain the ability
to obtain that Pet. Every Adoption Center, Animal Shelter, and Breeder has their own private
screening process and may have their own private matching process.
You must be at least 13 years old to use Foundmypet.com. Found My Pet Inc. does
not knowingly collect information from children under 13. (See the U.S. Children's Online
Privacy Protection Act.) Adoption centers, animal shelters, and breeders may require you to
be older than 13 to adopt or buy their pet. If you are below the age of 18, you may NOT use
foundmypet.com without the consent of a parent or legal guardian who agrees to act on
your behalf as a party to this Agreement.
In addition, if your membership has been suspended by Found My Pet Inc. for any
reason, you are prohibited from using Foundmypet.com. By registering for Foundmypet.com,
you become a Found My Pet member (a "Member"), and You agree to be bound by the terms
and conditions of this Agreement for as long as You continue to be a Member. A Member may
be a free account or a paying member.
You are prohibited from registering for Foundmypet.com if you do not agree
with the Foundmypet.com Terms of Service. The terms of this agreement are subject
to change by Found My Pet Inc. at any time with its' sole discretion and the new terms
shall become effective upon notice to You, which notice shall be deemed to have been
provided upon our posing of the current version of this agreement on Foundmypet.com
or emailing You.
In this Agreement the following terms have the following meanings unless the context
requires otherwise: "Agreement" means this agreement between all Users and/or Members
and Found My Pet Inc. incorporating these Foundmypet.com Terms of Service the provision of
Foundmypet.com; "Partners" means any third party person or company who works with Found
My Pet Inc. to create events, offer deals, or offer promotions for Foundmypet.com Members.
The "website or web site" means Foundmypet.com. "We, Us, Our" means Found My Pet Inc.;
and "You, Your, Yourself, Member" means the person who registers for Foundmypet.com,
accepts the terms and conditions of this Agreement and whose application for membership of
Foundmypet.com is accepted by Found My Pet Inc. "
REGISTRATION AND SUBSCRIPTION
Although You may register as a Member of Foundmypet.com for free, if You wish
to use Foundmypet.com to initiate most communication with Breeders, or if You are a
breeder who would like to communicate with other Members and use some other features
of Foundmypet.com, You must become a Subscriber and pay the fees that are set out on
the "Join" page on Foundmypet.com. The prices on the Join page are part of this Agreement
and Found My Pet Inc. reserves the right, at any time, to change any fees or charges for using
Foundmypet.com. To become a Member, You must register for Foundmypet.com. When and
if You register to become a Member, You agree to provide accurate and complete information
about Yourself as prompted by the Foundmypet.com registration form ("Registration Data"), and
to maintain and update Your information to keep it current and complete. You agree that Found
My Pet Inc. may rely on Your Registration Data as accurate and complete. You acknowledge
that if Your Registration Data is false or not current in any respect, Found My Pet Inc. may
terminate this Agreement and Your use of Foundmypet.com.
You are not entitled to a refund for any unused subscription fees if Found My Pet
Inc. terminates your account due to non-compliance with this Agreement. We try to verify
the accuracy of the information provided by Members but Found My Pet Inc. does not verify
information in profiles, and We have no control over, do not guarantee, and are not responsible
for the quality, truth, accuracy, legality or safety of Our Members.
HUMANE BREEDER AND/OR SHELTER
In addition to other terms set forth in this Agreement, if You are a pet breeder or shelter
who registers to become a Member for a Breeder or Shelter Account, You agree and warrant
to Found My Pet Inc. and all Members of Foundmypet.com that You treat Your animals
humanely. This includes but is not limited to humane living conditions, sufficient food for Your
animals, You do not obtain Your pets from puppy mills or associate with puppy mills, You do
not promote or participate in violent acts with your animals such as beating Your animals,
intentionally injuring Your animals, participate in "Dog Fights" or other events in which animals
are pinned to fight each other ("Blood Sports"), or any other act which Found My Pet Inc. deems
to be cruel. Found My Pet Inc. retains the right to suspend all accounts which are deemed to
be associated with any inhumane or cruel practice. This may be determined by an ASPCA or
Humane Society investigation or any other method which Found My Pet Inc. sees fit.
TERM AND TERMINATION
This Agreement will remain binding between You and Found My Pet Inc. while You use
Foundmypet.com and/or are a Member. You are entitled to cancel your membership at any
time via Foundmypet.com or by sending email@example.com email notice of termination. You
must allow a reasonable period of time after sending a cancellation email for Found My Pet Inc.
to confirm the cancellation. To learn how to terminate your membership, visit the Help section
of Foundmypet.com. You or We may terminate Your membership by removing your profile(s),
at any time, for any reason, with or without explanation, effective upon sending written or email
notice to the other party. Upon such termination by Found My Pet Inc. without cause, We shall
refund any unused portion of Your subscription payments that Found My Pet Inc. has received
from You. In the event that (a) You terminate your subscription or membership or (b) Found My
pet Inc. determines that You have violated this Agreement or the Privacy Statement, you shall
not be entitled to, and Found My Pet Inc. shall not be liable to You for, any refund of any unused
portion of any subscription payments We have received from You, and Found My Pet Inc. may
continue to bar Your use of Foundmypet.com in the future. After membership is cancelled or
terminated, this Agreement will remain binding and enforceable between You and Found My Pet
RIGHTS TO OWNERSHIP
Information You post, such as photographs or content to Foundmypet.com,
automatically grants Found My Pet Inc. a right from You, and You also warrant that You have
the right to grant, to Found My Pet Inc. and other members, free of charge, an irrevocable,
perpetual, non-exclusive, royalty-free, fully-paid, worldwide license to use, copy, perform,
display, promote, publish and distribute such information, content and photographs and to
prepare derivative works of, or incorporate into other works, such information and content, and
to grant and authorize sub-licenses of the foregoing. If Found My Pet Inc. decides to use your
photographs for commercial purposes, It may or may not inform you of Its' decision to utilize
this license. You warrant to Found My Pet Inc. that the information posted in Your profile and
Your pet(s) profiles, including pet photographs and human photographs, contact information,
personality information, and all other information is posted by You and that You are the sole
author of Your profile and the exclusive owner of Your posted photographs. You assign to
Found My Pet Inc., with full title guarantee, all copyright in Your profile, Your photographs
posted, and any additional information sent to Us at any time in connection with Your use of
Foundmypet.com. You waive all rights to be identified as author of Your profile(s) and owner
of Your photograph(s) and any similar rights in any jurisdiction in the world. In addition, other
Members may post copyrighted information, which has copyright protection, whether or not it is
identified as copyrighted. Except for that information which is in the public domain or for which
You have been given express written permission from the copyright holder, You will not copy,
modify, publish, transmit, distribute, perform, display, or sell any such copyrighted information.
NO GUARANTEE OF ADOPTION
Although Found My Pet Inc. may recommend Potential Pets for You, We provide no
guarantee that You will gain the right to obtain those Pets. Every Adoption Center, Animal
Shelter, and Breeder has their own private screening process and may have their own private
YOUR USE OF FOUNDMYPET.COM
As a Foundmypet.com Member, You warrant and agree that:
I) You will use Foundmypet.com in a manner consistent with any and all applicable laws and
regulations including local, state, national, and international laws. You will not include in Your or
Your Pet's profile(s) any contact information such as telephone numbers, street addresses, last
names, URL's or email addresses, other than in response to Our throughout Foundmypet.com.
You will not engage in advertising to, or solicitation of, other members to buy or sell any
products or services other than your pets through Foundmypet.com without the written consent
of Found My Pet Inc. You will not send any "junk" email or "spam" to other members. We may
monitor and/or mediate disputes between You and other members to protect Foundmypet.com
members. You are responsible for Your interactions with other members and Found My Pet Inc.
is not liable for any interactions or communications between You and other members and Found
My Pet Inc. is not liable for any information, including pictures, posted to Foundmypet.com by
II) You, as a User and/or Member, are responsible for the content or information You publish
on Foundmypet.com, or transmit to other members and any consequence arising thereof. You
will not publish on Foundmypet.com, or send to other members or to Found My Pet Inc. or Our
employees, any information which can be considered by Found My Pet Inc. to be illegal, false or
fraudulent, defamatory, abusive, offensive, threatening, harassing, or any material that infringes
or violates another party's rights (including, but not limited to, intellectual property rights, and
rights of privacy and publicity. You will not post any photos containing nudity or personal
information. We reserve the right, to delete or reject any profile or photo that does not comply
with the terms set forth in this section. We reserve the right to refuse service to anyone, at
our sole discretion.
III) By signing up to Foundmypet.com and becoming a Member, You agree to accept and
consent to receiving email communications initiated from Foundmypet.com including, but not
limited to: Foundmypet.com notification emails, Potential Pets emails, emails informing you
about events Found My Pet Inc. and Our partners organize, emails informing You of changes
to Foundmypet.com and/or this Agreement, and emails informing You of promotions that We
provide or that are being provided by our Partners. If you disclose information or give the right
to collect information on you when communicating with our Partners or other third parties who
offer you promotions, then Found My Pet Inc. has no control over their use of Your information
and Your information will be governed by their private policies. Message notification emails
such as Potential Pets emails, emails informing you about events and parties We organize,
and emails informing You of changes to Foundmypet.com are provided by Us as part of the
operation of Foundmypet.com and you will receive these messages for as long as you are Our
member. Should You not wish to receive any of Our email communications, do not register for
Foundmypet.com. However, You may adjust your email settings to opt out of certain emails
from Found My Pet Inc. or our Partners.
IV) You agree that Found My Pet Inc. is not liable for the failure to store any messages or other
content maintained, published, or transmitted by on or by Foundmypet.com. You agree that
Found My Pet Inc. is not liable for the corruption of any and all data stored or published on
Foundmypet.com You accept that Foundmypet.com may change at any time. You accept that
We reserve the right to sign out, terminate, delete or purge Your account from Foundmypet.com
if it is inactive. "Inactive" means that you have not signed in to Foundmypet.com for a particular
period of time, as determined by Found My Pet Inc.
V) Found My Pet Inc. is entitled to investigate and terminate Your membership if You have
misused Foundmypet.com, or behaved in a way which could be regarded as inappropriate,
unlawful, illegal, or breaks any term of this Agreement. You are forbidden from any sort
of "hacking" such as retrieving, indexing, data mining, or, in any way reproduce or circumvent
the navigational structure or presentation of Foundmypet.com or its contents. You will not
interfere with Foundmypet.com, or the servers and networks used by Found My Pet Inc. You
will not modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or
otherwise disassemble any aspect of Foundmypet.com. You will not transmit any material that
contains "computer viruses" or any software, website, or other means of disrupting other Users
use of Foundmypet.com or that may be harmful to their property.
INDEMNITY BY MEMBER AND RELEASE
You will indemnify and hold Found My Pet Inc. and Its officers, directors, employees,
agents and Partners harmless, for any losses, costs, liabilities or expenses relating to or
arising out of Your use of Foundmypet.com, including: I) Your breach of this Agreement; II) any
allegation that any materials that You submit to Us or transmit to Foundmypet.com infringe or
otherwise violate intellectual property or other rights of any third party; III) Any loss of business
or negative impact to your business, adoption center, animal shelter, or other entity as a result
of using Foundmypet.com; and/or IV) Your activities in connection with Foundmypet.com. This
indemnity shall be applicable without regard to the negligence of any party or individual.
If You have a dispute with one or more of Our Members, you release Found My Pet Inc.
and its officers, directors, agents, 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 the dispute between You and the other Foundmypet.com member(s).
Found My Pet Inc. does not guarantee the accuracy, completeness, or usefulness
of any information on Foundmypet.com and Found My Pet Inc. is not responsible for and is
not associated with any content on Foundmypet.com made by any party besides Found My
Pet Inc. We are not responsible for any loss or damage resulting from any person's, entity's,
business, or corporation's reliance on content posted on Foundmypet.com or transmitted to
Members. Additionally, Found My Pet Inc. reserves the right, but has no Obligation, to monitor
the materials posted in the public areas of Foundmypet.com. Found My Pet Inc. retains the right
to remove any content which does not comply with this Agreement. You are solely responsible
for the content that You post to Foundmypet.com and in your private messages and email.
Communications sent between You and other Members that are not readily accessible to the
general public may be reviewed by Found My Pet Inc. for compliance with this Agreement, but,
to the extent required by applicable law, will be treated as private.
Intellectual Property such as graphics, the Foundmypet.com logo, videos, photographs,
information, data, databases, design rights, software, graphics, text, and other content on
Foundmypet.com are entirely owned by Found My Pet Inc. Intellectual property includes but is
not limited to registered and unregistered trademarks, designs, copyrights, and patents. Found
My Pet Inc. retains the right to apply for protection of all unregistered intellectual property on
Foundmypet.com. All other intellectual property on Foundmypet.com are the property of their
INTELLECTUAL PROPERTY INFRINGEMENT AND PROCEDURE
If content posted on Foundmypet.com infringes on your intellectual property, please
email firstname.lastname@example.org stating exactly 1) What content is infringing on your intellectual
property, 2) identify what has been infringed, 3) your contact information including name, phone
number, address, and email address. 4) A signature of the copyright holder with a statement
that the information in the email is accurate and you are authorized to act as the intellectual
property owner or on behalf of the owner.
You as a User and/or Member, may not post material that infringes on others intellectual
property. Found My Pet Inc. has the right to remove Content alleged to be infringing intellectual
property at Its' sole discretion, without notice.
The materials on FoundMyPet.com's web site are provided "as is". FoundMyPet.com
makes no warranties, expressed or implied, and hereby disclaims and negates all other
warranties, including without limitation, implied warranties or conditions of merchantability,
fitness for a particular purpose, or non-infringement of intellectual property or other violation of
rights. Further, Found My Pet Inc. does not warrant or make any representations concerning
the accuracy, likely results, or reliability of the use of the materials on its Internet web site or
otherwise relating to such materials or on any sites linked to this site.
Although each member must agree to this Agreement, Found My Pet Inc. cannot
guarantee that each member is at least the required minimum age, and we do not accept
any responsibility or liability for any content, communication or other use or access of
Foundmypet.com by persons under the age of 18 (or 13 with the consent of your parent or
legal guardian) in violation of this Agreement. It is also possible that other members or users
(including unauthorized users, or "hackers") may post or transmit offensive or obscene materials
through Foundmypet.com and that You may be involuntarily exposed to such offensive or
obscene materials. It also is possible for others to obtain personal information about You due
to Your use of Foundmypet.com. Those others may use your information for purposes other
than what You intended. We are not liable for the use of any personal information that You
disclose on Foundmypet.com. Please carefully select the type of information that You post on
Foundmypet.com or release to others. We disclaim liability, regardless of the form of action, for
the acts or omissions of other members or users (including unauthorized users), whether such
acts or omissions occur during the use of Foundmypet.com or otherwise. For the purpose of this
Agreement a "hacker" is a person who uses computers or other technology to gain unauthorized
access to data.
In no event shall Found My Pet Inc. or its suppliers be liable for any damages (including,
without limitation, damages for loss of data or profit, or due to business interruption,) arising
out of the use or inability to use the materials on FoundMyPet.com, even if Found My Pet Inc.
or a Found My Pet Inc. authorized representative has been notified orally or in writing of the
possibility of such damage. Because some jurisdictions do not allow limitations on implied
warranties, or limitations of liability for consequential or incidental damages, these limitations
may not apply to you.
Found My Pet Inc. does not conduct background checks or screen and member who
accesses Foundmypet.com or the pets posted, except, We may screen adoption centers and
animal shelters registering to Foundmypet.com. We will not be liable for any damages, direct,
indirect, incidental and/or consequential, including but not limited to physical damages, bodily
injury or emotional distress, arising out of the use of this service, including, without limitation,
damages arising out of your communications with and/or interactions with any other member
of Foundmypet.com, or any individual you meet through foundmypet.com. To resolve a
complaint regarding Foundmypet.com, you should first contact Found My Pet Inc. by emailing
REVISIONS AND ERRATA
The materials appearing on FoundMyPet.com could include technical, typographical,
or photographic errors. FoundMyPet.com does not warrant that any of the materials on its web
site are accurate, complete, or current. FoundMyPet.com may make changes to the materials
contained on its web site at any time without notice. Found My Pet Inc. does not, however,
make any commitment to update the materials.
Found My Pet Inc. has not reviewed all of the sites linked to Foundmypet.com and is not
responsible for the contents of any such linked site. The inclusion of any link does not imply
endorsement by FoundMyPet.com of the site. Use of any such linked web site is at the user's
notice. By using this web site you are agreeing to be bound by the then current version of these
Terms of Service.
Any claim relating to FoundMyPet.com shall be governed by the laws of the State of
Illinois without regard to its conflict of law provisions. You agree to personal jurisdiction in
the exclusive venue in both state and federal courts of the State of Illinois, City of Chicago
with regard to all claims by you arising out of Foundmypet.com, Found My Pet Inc., or this
You warrant that you have read this Agreement and agree to be bound by this Agreement.