These Terms of Service are effective immediately on and after the date stated above and apply to all users of the RightPet Website and the Services, as defined below. You should visit this page periodically to review any changes to the Terms of Service.
These Terms of Service set out the legally binding terms and conditions that govern your use of the Website and Services owned, operated, or offered by Collective Wisdom, Inc. d/b/a RightPet (referred to herein as “RightPet”).
- "Website" means the website located at www.rightpet.com, whether accessed by a computer device or mobile application, and any mobile application used to access the Website and use the Services.
- "Services" means all of the services offered by RightPet on the Website, including without limitation the provision of information about animal species, breeds, and characteristics; provision of information about pet-related businesses and services; provision of a mechanism to post, share, and view recommendations about pets and reviews of pet-related businesses and services by registered RightPet Members; and publication of third-party listings of pet-related businesses.
- "Member" is a person who creates an account to access and use the Services and features available on the Website.
- "RightPet Match" is one of the Services offered to Members on the Website; RightPet Match suggests species and breeds of pets that may be appropriate for a particular Member based on a series of questions.
- Parties. "You" and "your" refer to you, as a user of the Website, whether or not you register as a Member of RightPet.com. "We", "us," and "our" refer to RightPet.
- A "user" is someone who accesses, browses, or in any way uses the Website or Services, whether or not registered as a Member.
- "Content" means text, images, photographs, audio, video, location data, and all other forms of data or communication. "Your Content" means Content that you submit or transmit to, through, or in connection with the Website, such as photographs, videos, ratings, reviews, recommendations, compliments, messages, stories, forum posts, information about pet businesses and service providers, and information that you publicly display or that is displayed in your account profile. "User Content" means Content that users submit or transmit to, through, or in connection with the Website, and includes Your Content. "RightPet Content" means Content that we create and make available in connection with the Website. "Third-Party Content" means Content that originates from parties other than RightPet or its users, which is made available in connection with the Website, including Business Listings. "Website Content" means all of the Content that is made available in connection with the Website, including Your Content, User Content, RightPet Content, and Third-Party Content.
- "Business Listing" refers to a paid advertisement for the sale or other offer of animals or of products or services relating to animals.
- WEBSITE ENHANCEMENTS AND MODIFICATIONS SUBJECT TO THE TERMS. You understand and agree that any new features, enhancements, or modifications to the Website and Services implemented after your initial access to the Website and Services or your registration as a Member shall be subject to the Terms in effect at the time of implementation.
- USING THE WEBSITE
- Eligibility. Children under the age of 13 are not eligible or permitted to use the Website or Services. In order to use the Website or the Services independently, you must be 18 years old, or the legal age to form a binding contract in your jurisdiction, if that age is greater than 18 years of age. If you are older than the age of 12 and under the age of 18 or the applicable legal age in your jurisdiction, you may use the Website and Services only under the supervision and with the involvement of your parent or guardian who has agreed to the Terms.
Member Accounts. In order to access some of the Services and features on the Website, you must create an account and provide certain information about yourself. When you create an account, you become a Member. You are responsible for maintaining the confidentiality of your account password. You are also responsible for all activities that occur in connection with your account. You agree to notify us immediately of any unauthorized use of your account. We reserve the right to close your account at any time for any or no reason.
Your account is for your personal, non-commercial use only. In creating it, you agree to provide complete and accurate information about yourself to bolster your credibility as a contributor to the Website. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbor), create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. We reserve the right to refuse registration of any account holder name in our sole discretion.
- Communications from RightPet and Other Users. By creating an account, you agree to receive communications in connection with the Website. For example, you might receive notices from RightPet concerning the Services, or comments on Your Content from other users.
- Permission to Use the Website. We grant you permission to use the Website and Services subject to the Terms and to all restrictions incorporated in the Terms. You may download or copy portions of the Website only for your own personal use, but you may not copy or distribute any portion of the Website or Website Content for any other purpose without the express written permission of RightPet. Your use of the Website is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
- RightPet Match. You understand and agree that RightPet is not responsible for any decision you make or action you take to locate, adopt, purchase, or otherwise acquire or become associated with an animal as a result of using RightPet Match or any of the other Services on the Website, and that all such decisions and actions are taken at your own risk.
- Compliance with Applicable Laws. By using the Website and Services, you represent and warrant that: (i) you have the requisite power and authority to agree to the Terms, and (ii) your performance under the Terms will comply with all applicable laws, rules, and regulations, including, without limitation, export control, intellectual property, privacy, and obscenity laws. The Website and Services are administered in the United States and intended for United States users; any use outside of the United States is at the user's own risk, and users are responsible for compliance with any local laws applicable to their use of the Website and Services.
- Website Availability. We reserve the right to modify, update, or discontinue the Website at our sole discretion, at any time, for any or no reason, and without notice or liability to RightPet Members or other users.
- Restrictions. You agree not to, and will not assist, encourage, or enable others to use the Website to:
- Violate the Terms, including without limitation our Content Guidelines
- Violate any third party's rights, including breaching or infringing any confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
- Conduct, promote, or encourage any illegal activity;
- Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
- Promote a business or other commercial venture or event, or otherwise use the Website for commercial purposes, except in connection with an authorized Business Listing as expressly permitted by RightPet;
- Remove or modify any copyright, trademark, or other proprietary rights notice that appears on any portion of the Website or on any materials printed or copied from the Website;
- Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, or in any way exploit the Website or Website Content (other than Your Content), except as expressly authorized by RightPet;
- Reformat or frame any portion of the Website;
- Collect any information about other RightPet Members and users for any purpose other than to solicit and share reviews and recommendations on the Website;
- Record, process, or mine information about other users;
- Solicit personal information from minors, or submit or transmit pornography;
- Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
- Engage in keyword spamming, or otherwise attempt to manipulate the Website's search results on any third-party website;
- Attempt to gain unauthorized access to the Website, Member accounts, or computer systems or networks connected to the Website through hacking, password mining, or any other means;
- Access, retrieve, scrape, or index any portion of the Website for purposes of constructing or populating a searchable database;
- Use any robot, spider, website search/retrieval application, or other automated device, process, or means to access, retrieve, scrape, or index any portion of the Website or any Website Content;
- Reverse engineer any portion of the Website;
- Take any action that imposes, or may impose, in our sole judgment, an unreasonable or disproportionately large load on RightPet's technology infrastructure or otherwise make excessive traffic demands of the Website;
- Use any device, software, or routine that interferes with the proper working of the Website, or otherwise attempt to interfere with the proper working of the Website;
- Use the Website or any Website Content to transmit any computer viruses, worms, defects, Trojan horses, or other items of a destructive nature;
- Disrupt or interfere with the security of, or otherwise cause harm to, the Website or Website Content; or
- Remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Website, any features that prevent or restrict the use or copying of Website Content, or any features that enforce limitations on the use of the Website.
Responsibility for Your Content. You alone are responsible for Your Content, and once published, Your Content may not be able to be withdrawn. You assume all risks associated with Your Content, including any person's reliance on its quality, accuracy, or reliability, and with any disclosure by you of information in Your Content that makes you personally identifiable. You represent that you own, or have the necessary permission to use and authorize the use of, Your Content. You may not imply that Your Content is in any way sponsored or endorsed by RightPet.
You may not post, distribute, or reproduce in any way Content that contains material that is false, intentionally misleading, or defamatory; that violates any third-party right, including any copyright, trademark, patent, trade secret, confidence, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; that exploits or otherwise harms minors; that contains unlawful material, including illegal hate speech or pornography; or that violates or advocates the violation of any law or regulation.
Our Right to Use and Remove Your Content. We may use Your Content in a number of different ways, including without limitation publicly displaying it, reformatting it, incorporating it into advertisements and other works, creating derivative works from it, promoting it, and distributing it. You hereby irrevocably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. By "use" we mean copying, publicly performing, publicly displaying, reproducing, distributing, modifying, translating, removing, analyzing, commenting on, commercializing, and preparing derivative works of Your Content.
You also irrevocably grant the users of the Website the right to access Your Content in connection with their use of the Website. You irrevocably waive, as against RightPet and its users, any claims and assertions of moral rights or attribution with respect to Your Content.
You understand and agree that RightPet may, but is not obligated to, monitor or review any of Your Content that you post on the Website or as part of the Services. You also agree that RightPet may, without notice to you, delete or disable access to any of Your Content, in whole or in part, that in the sole judgment of RightPet violates the Terms or has the potential to harm the reputation of the Website or RightPet.
- Advertising. RightPet may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without notice to you.
- Website Content Generally. Website Content (including any that may have been created by users employed or contracted by RightPet) does not necessarily reflect the opinion of RightPet. We reserve the right to remove, screen, edit, or reinstate Website Content from time to time at our sole discretion, for any reason or no reason, and without notice to users. For example, we may remove a review if we believe it violates our Content Guidelines. We have no obligation to retain or provide users with copies of Website Content, nor do we guarantee any confidentiality with respect to Your Content, User Content, or Third-Party Content.
Ownership of Content and Intellectual Property. As between you and RightPet, you own Your Content. We own the RightPet Content, including but not limited to visual interfaces, interactive features, graphics, design, and our compilation of User Content and other Website Content, computer code, products, software, aggregate user reviews and recommendations, and all other elements and components of the Website excluding Your Content, User Content, and Third-Party Content. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display, or in any way exploit any of the RightPet Content in whole or in part except as expressly authorized by RightPet. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights, and all rights in and to the Website and the RightPet Content are retained by us.
We also own or are licensed to use the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout the world associated with the RightPet Content and the Website, which rights are protected by copyright, trademark, and patent laws and all other applicable intellectual and proprietary rights and laws. RIGHTPET, the RightPet elephant and girl logo, and TRUE LOVE FOUND HERE are registered trademarks of RightPet and may not be used or reproduced without the express written permission of RightPet.
- Third-Party Websites and Links. The Website may include links to websites or applications not affiliated with RightPet (each, a "Third-Party Website"). We do not control or endorse any Third-Party Website. You understand and agree that we are not responsible for the availability or contents of such Third-Party Websites, including without limitation any advertising, products, services, or resources available on or associated with such websites. Your use of Third-Party Websites is at your own risk.
- GUIDELINES AND POLICIES; BUSINESS LISTING AGREEMENT
- Content Guidelines. You represent that you have read and understood RightPet's Content Guidelines and agree to be bound by them.
- Business Listing Agreement. All Business Listings are subject to the RightPet Business Listing Agreement.
You agree to indemnify, defend, and hold harmless RightPet, its parents, subsidiaries, affiliates, partners, related companies, predecessors, successors, assigns, suppliers, licensors, and partners, and the officers, directors, employees, agents, and representatives of each of them, from any claim or demand, including liabilities, costs, and legal fees, made by any third party arising out of or relating to (i) your access to or use of the Website and Services, (ii) your violation of the Terms, (iii) any pets, products, or services purchased or obtained by you in connection with the Website, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. RightPet reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of RightPet. RightPet will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
You agree that RightPet may, in its sole discretion, terminate your Member status and your use of the Website, Services, and Website Content, for any reason or no reason, including, without limitation, if we believe that you have violated or acted inconsistently with the Terms. You agree that any termination of your Member status and your access to the Website, Services, or Website Content may be effected without prior notice or liability, and acknowledge and agree that we may immediately deactivate or delete your password and user name and all related information and files associated with it, and bar any further access by you to the Website, Services, and Website Content.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully; it limits the liability of RightPet to you. Each of the paragraphs in this section applies to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have that may not be lawfully limited. If you are unsure about this or any other section of these terms, please consult with a legal professional prior to accessing or using the Website. By accessing or using the Website, you represent that you have read, understood, and agree to the Terms, including without limitation this section. You are giving up substantial legal rights by agreeing to the terms in this section.
- YOU UNDERSTAND AND AGREE THAT RIGHTPET MAKES NO GUARANTEES, EITHER EXPRESS OR IMPLIED, REGARDING YOUR ULTIMATE COMPATIBILITY WITH ANY ANIMAL THAT YOU DECIDE TO LOCATE, ADOPT, PURCHASE, OR OTHERWISE ACQUIRE OR BECOME ASSOCIATED WITH AS A RESULT OF USING RIGHTPET MATCH OR ANY OF THE OTHER SERVICES ON THE WEBSITE, INCLUDING WITHOUT LIMITATION YOUR ABILITY TO TRAIN, CARE FOR, OR CONTROL ANY SUCH ANIMAL, OR REGARDING YOUR SATISFACTION WITH ANY SERVICES OR PRODUCTS YOU DECIDE TO USE OR PURCHASE AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES. ALL SUCH DECISIONS AND ACTIONS ARE TAKEN AT YOUR OWN RISK. YOU HEREBY RELEASE RIGHTPET FROM ALL CLAIMS ARISING FROM OR ASSOCIATED WITH YOUR USE OF RIGHTPET MATCH OR ANY OF THE OTHER SERVICES, OR ARISING FROM OR ASSOCIATED WITH SERVICES OR PRODUCTS YOU DECIDE TO USE OR PURCHASE AS A RESULT OF YOUR USE OF THE WEBSITE OR SERVICES.
- RightPet is not affiliated with the owner of any Business Listing, has no control over the lister's business practices, and is not liable for any dealings between you and any lister. RightPet does not sell animals and makes no warranty or guarantee as to the health, quality, parentage, suitability, or value of any animals offered for sale on the Website by any third party, including but not limited to advertisers, owners of Business Listings, or Website users. RightPet makes no promises and accepts no responsibility for any transaction between a buyer and the owner of a Business Listing, advertiser, or user of the Website. Do not assume that the sale, purchase, export, or import of any animal or item is valid and legal simply because it is listed on RightPet. You accept sole responsibility for the legality of your actions under laws applying to you. We are not responsible for ensuring that buyers and sellers actually complete a transaction. RightPet is not responsible for buyers purchasing animals that are unsuitable in any way for the purchaser, including without limitation the buyer's capability to train, care for, or control the animals. Buyers buy at their own risk and must obtain the appropriate professional advice prior to purchasing.
- RightPet makes no claims or promises with respect to any third party, such as the businesses or advertisers listed on the Website or the Website's users, nor with respect to any products or services offered by such third parties, including without limitation the quality, safety, or legality of such products or services, nor with respect to the truth or accuracy or their statements, nor with respect to their ability to sell the animals, products, or services they are advertising or offering to sell. Accordingly, RightPet is not liable to you for any loss or damage that might arise from the actions, errors, omissions, or conduct of any third party, including for example if another user or a business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the Website. Your purchase and use of products or services offered by third parties through the Website is at your own discretion and risk. If you enter into correspondence or engage in commercial transactions with third parties in connection with your use of the Website and Services, such activity is solely between you and the applicable third party. RightPet shall have no liability, obligation, or responsibility for any such activity. You hereby release RightPet from all claims arising from such activity.
- No advice or information, whether oral or written, obtained by any user from a representative of RightPet or from the Website, or through or from any of the Services, shall create any warranty not expressly stated herein.
- The Website is made available to you on an “as is” and “as available” basis, with your express understanding that RightPet is not obligated to monitor, control, verify, or investigate User Content, or to check User Content for accuracy or authenticity. Your use of the Website is at your own discretion and risk. RightPet makes no claims or promises about the quality, accuracy, or reliability of the Website, its safety or security, or the Website Content. Accordingly, RightPet is not liable to you for any loss or damage that might arise, for example, from the Website's inoperability, unavailability, or security vulnerabilities, or from your reliance on the quality, accuracy, or reliability of the Business Listings, ratings, reviews, or recommendations (including their content, order, and display), or on the metrics found on, used on, or made available through the Website. RightPet does not warrant or covenant that the Website or the Services will be available at any time or from any particular location, will be secure or error-free, that defects will be corrected, or that the Website or the Services are free of viruses or other potentially harmful components. Any Website Content downloaded or otherwise obtained through the use of the Website and the Services is accessed at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
- RIGHTPET MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY, OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE OR IN ASSOCIATION WITH THE SERVICES, INCLUDING WITHOUT LIMITATION WARRANTIES AS TO THE PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, RIGHTPET DISCLAIMS ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Your sole and exclusive right and remedy in case of dissatisfaction with the Website, Services, or any other grievance shall be your termination and discontinuation of access to and use of the Website.
- RIGHTPET DISCLAIMS LIABILITY FOR ANY (i) INDIRECT, GENERAL, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) REPUTATIONAL HARM, AND (v) LOSS OF INFORMATION OR DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE WEBSITE OR SERVICES.
- RightPet's maximum aggregate liability to you for losses or damages that you suffer in connection with the Website or these Terms is limited to the greater of (i) the amount paid, if any, by you to RightPet in connection with the Website and Services prior to the action giving rise to liability, or (ii) $100.
- CHOICE OF LAW; JURISDICTION AND VENUE FOR DISPUTES
You agree that the Terms, as well as any dispute, claim, or cause of action that might arise between you and RightPet in connection with your use of the Website or Services, will be governed by California law, without regard to applicable law concerning conflict of laws. For any claim brought by you or RightPet, you agree to submit to exclusive personal jurisdiction and venue in the state courts located in the City of Santa Barbara, California, or the federal courts located in Los Angeles County, California.
- COPYRIGHT AND TRADEMARK INFRINGEMENT
If you believe that your copyright or trademark is being infringed on the Website, please send a written notice to the designated agent identified below with the following information:
- Identification of the copyrighted work or trademark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit RightPet to locate it on the Website (e.g., the URL for the web page on which the content appears);
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright or trademark owner, its agent, or the law;
- A statement by you that you attest, under penalty of perjury, that the information in your notice is accurate and that you are the copyright or trademark owner or authorized to act on the owner's behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Once a proper infringement notice is received by the designated agent, it is RightPet's policy:
- to remove or disable access to the infringing Content; and
- to notify the Content provider that infringing Content has been removed or that access to the infringing Content has been disabled.
If you believe that your Content should not have been removed or have had access to it disabled, either because it is not infringing or because you have obtained the right or permission to post or use it, you may send us a written counter-notice with the following information:
- Identification of the copyrighted work or trademark that was removed, and the location on the Website where it would have been found prior to its removal;
- A statement, under penalty of perjury, that you have a good faith belief that the content or trademark was removed as a result of a mistake or misidentification. For trademark disputes only: information reasonably sufficient to explain why you believe you are not infringing the trademark;
- A statement that you consent either to the jurisdiction of (a) the Federal District Court for the judicial district in which your address is located if you live in the United States, or (b) the judicial district in which RightPet is located if you live outside the United States. Please also include a statement that you will accept service of process from the person who sent the original infringement notice to RightPet, or an agent of such person;
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
We will respond to all such notices and comply with applicable law. We reserve the right to remove content alleged to be infringing without prior notice and at our sole discretion. We also reserve the right to terminate a Member's account if the Member is determined to be a repeat infringer.
Please send your copyright or trademark notices to RightPet's designated agent for such notices:
Collective Wisdom, Inc.
125 S. San Marcos Road
Santa Barbara, CA 93111
- GENERAL TERMS
- Nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
- You understand and agree that you do not have authority of any kind to act for or legally bind RightPet in any respect whatsoever.
- The Terms (as defined above) contain the entire agreement between you and RightPet regarding the use of the Website and Services, and regarding Your Content, and supersede any prior agreement between you and RightPet concerning such subject matter. You acknowledge that you may not rely on any representation made by RightPet at any time but not expressly contained in the Terms.
- Any failure on the part of RightPet to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision.
- If any provision of the Terms is found to be unenforceable or invalid, then only that provision shall be modified to reflect the parties' intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
- The Terms, and any rights or obligations thereunder, are not assignable, transferable, or sublicensable by you except with RightPet's prior written consent, but may be assigned, licensed, or transferred by RightPet without restriction. Any attempted assignment, sublicense, or transfer by you shall violate the Terms and shall be void.
- The section titles in the Terms are for convenience only and have no legal or contractual effect.
- CONTACT AND VIOLATIONS OF TERMS.
Please contact us with any questions regarding the Terms. Although we are under no obligation to enforce the Terms on your behalf against another user, we encourage you to let us know if you believe another user has violated the Terms. We reserve the right to investigate and take appropriate action at our sole discretion. Please report any violations of the Terms to email@example.com.