This agreement (the "Agreement") is entered into by and between you ("you") and Petfinder, L.L.C. ("Petfinder") regarding your use of the Petfinder.com website (the "Service"). By using the Service, you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as originally stated, please do not use the Service.
- Rights Associated with the Service. The Service is designed to help you find information concerning homeless pets and pet adoption organizations. The information included on the Petfinder.com website is provided by pet shelters and adoption organizations that are not owned or controlled by Petfinder. In particular, the Service provides brief descriptions of adoptable pets, written by the adopting shelter or organization, to help you identify pets which may be of interest to you. When you select a a description relating to a pet that may interest you, you will be linked to the relevant adoption organization's site. Although the information on Petfinder is updated frequently, it is always best to call the facility or organization that lists the pet to insure it is still available and to insure the information listed in Petfinder is accurate. Petfinder owns and retains all intellectual property rights to the Service and to all information, including pet descriptions and photographs, which appear on the Petfinder.com Website by virtue of each adoption agency's assignment of such rights to Petfinder. Petfinder does not, however, edit the descriptions or photographs or accept any responsibility for the accuracy or completeness thereof.
- Use of the Service. You may only display the content of the Service for your own personal use (i.e., non-commercial use) and may not otherwise copy, reproduce, alter, modify, create derivative works, or publicly display any content. For example, you may not do any of the following: use the Service to sell a product or service; use the Service to increase traffic to your Website for commercial reasons, such as advertising sales; take the results from the Service and reformat and display them, or mirror any portion of the results on your Web site; or use the Services as part of a "meta-search" offering. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Service. If you are uncertain whether your intended use of the Service is permissible, please contact us. In addition, Petfinder shall have the right in its sole discretion to suspend or terminate the Service or your access to it.
- No Warranty. The Service is provided free of charge to the general public with the proviso that Petfinder does not represent that it or any information found thereon is reliable, accurate, complete, or otherwise valid. THE SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. PETFINDER EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Some states may not allow the exclusion of warranty, so the above exclusions may not apply to you.
- Limitation of Liability. UNDER NO CIRCUMSTANCES WILL PETFINDER BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH USE OF THE SERVICE WHETHER OR NOT YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL PETFINDER BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT. PETFINDER ACCEPTS NO LIABILITY WITH REGARD TO ANY INJURY OR DAMAGES TO ANY PERSON OR PROPERTY CAUSED BY ANY LISTED ANIMAL. Some states may not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
- Hold Harmless and Indemnity. By using the Service, you agree to hold harmless and indemnify Petfinder, and its principals, employees, agents, representatives, and member organizations from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature related to or arising out of any injury or loss to person or property caused by a pet listed on or adopted from an adoption organization which contributes to the Petfinder.com Website. In such a case, Petfinder will provide you with written notice of such claim, suit or action.
- Release and Waiver. To the maximum extent permitted by applicable law, you hereby release, and waive all claims against Petfinder and its principals, employees, agents, representatives, and member organizations from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service or the adoption of a pet listed on the Petfinder.com Webtite or adopted from an adoption organization which contributes to the Petfinder.com Website. In making this waiver and release, you specifically agree that you waive the benefit of any statute which provides that a general release does not extend to claims which the releasor does not know or suspect to exist in his or her favor at the time of executing the release and which if known by him or her must have materially affected his release, waiver or settlement and under any similar and/or analogous laws, statutes, regulations, and common law.
- Pet Disclaimer. By using the Service, you agree that it is a directory of homeless pets and pet adoption organizations, only, and acknowledge that no information provided by the Service with regard to any pet is guaranteed to be accurate or complete. It is crucial that any pet found through an adoption service be thoroughly examined by a veterinarian immediately upon adoption. The health status and behavior of any pet found, adopted through, or listed on the Petfinder.com Website are the sole responsibility of the adoption organization listing the same and/or the adopting party.
- Modifications of Terms. Petfinder shall have the right to modify the terms of this Agreement at any time, which modification shall be effective immediately upon posting. Accordingly, we suggest that you check this page periodically.
- Miscellaneous. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced as written. Petfinder's failure to act with respect to a breach by you or others does not waive Petfinder's right to act with respect to subsequent or similar breaches. The failure of Petfinder to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This agreement shall be interpreted in accordance with the laws of the State of Arizona as if made in Arizona by two residents of that state. Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final and unappealable. The arbitration shall be conducted in Tucson, Arizona and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, Petfinder may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction. Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract. This Agreement constitutes the entire agreement between Petfinder and you with respect to the subject matter hereof.