Terms of Use

IMPORTANT! THE FOLLOWING TERMS AND CONDITIONS (THE “TERMS OF USE”) APPLY TO YOUR USE OF Anything But Elephants® Pet Care, llc (THE “SITE,” “We,” “US,” “OUR” or “anythingbutelephants.com”). By using the Site, you accept and agree to be bound and abide by these Terms of Use and Privacy Policy available at http://www.anythingbutelephants.com. If you do not want to agree to these Terms of Use or Privacy Policy, you must exit the Site.

General

The Site provides a neutral online venue to connect pet owners with providers of pet sitting, pet hosting, dog walking and other pet care services. The Site is not a party to any agreements between its members, we do not verify the truth or accuracy of user information and have no control over user conduct. Therefore, we disclaim all liability arising out of or related to user conduct and agreements. We are not liable for any property damage, bodily injury or death of the pet, Site user or any third party. Under no circumstances will the Site be liable for any amounts exceeding the collected service charge.

Site contents, features and functionality (including but not limited to all information, text, displays, images, video and audio, and the design, selection and arrangement thereof), are protected by United States and international copyright, trademark, trade secret and other intellectual property or proprietary rights laws.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. You are expected to check this page from time to time to take notice of any changes we made, as they are binding on you. Your continued use of the Site following the posting of revised Terms of Use constitutes your acceptance of the changes.

Accessing the Site and Account Security

By using this Site, you represent and warrant that you are of legal age to form a binding contract.

We reserve the right to withdraw or amend this Site, and any service or material we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Site.

You are responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms of Use, and that they comply with them.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current and complete.

If you choose, or you are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user identification code or password, whether chosen by you or provided by us, at any time for any reason or no reason without notice or explanation.

Your Use of the Site

Any personal information you submit to the Site is governed by the Privacy Policy available at http://www.anythingbutelephants.com.

You agree to use the Site for pet care related services and information only. You agree not to use the Site for any illegal purpose.

You must not copy, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our site,

except to:

Store copies of such materials temporarily in RAM.

Store files that are automatically cached by your Web browser for display enhancement purposes.

Print a reasonable number of pages of the Site for a permitted use.

You must not:

Transmit, or procure the sending of, any advertising or promotional material, unsolicited mass communication without our prior written consent.

Modify or sub-license any material from the Site.

Publish any material from the Site, except material which is expressly made available for redistribution (e.g. newsletters).

Reproduce, duplicate or copy materials from the Site for a commercial purpose, unless authorized by us.

Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site.

Use the Site in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Site, including their ability to engage in real time activities through the Site.

Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.

Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose without our prior written consent.

Use any device, software or routine that interferes with the proper working of the Site.

Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.

Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Site.

Payments

You agree that the price and description of pet care services posted in a listing become, upon acceptance by another user, material elements of a binding contract between you and another user. Therefore, you agree to honor your commitments under this contract.

The Site reserves the right to suspend or terminate your access to the Site for violation of this section.

Refunds

Pet care providers list their refund policies on their websites. Please visit their website for their specific cancellation policy.  You are solely responsible for interactions with third-party users.

Disputes with Users

The Site does not actively monitor user interactions and you are solely responsible for your interactions and disputes with other users. The Site reserves the right, but has no obligation, to facilitate disputes between its users.

Site Content

You understand that all third party content posted on, transmitted through, or linked from the Site, is the sole responsibility of the third party originator of such content. Content is provided through the Site “AS IS,” and you agree that the use of and reliance on any content is at your own risk, and that under no circumstances shall the Site be liable for any content or for any loss or damage of any kind incurred as a result of the use of any content made available.

You acknowledge that the Site does not screen or approve third-party content, and that the Site shall have the right (but not the obligation), at its sole discretion, to refuse, modify, delete or move any content, for any reason.

Monitoring and Enforcement; Termination

With respect to any user, we have the right to take any action that we deem necessary or appropriate if we believe that such user violates the Terms of Use, infringes any intellectual property right or other right, threatens the personal safety of users of the Site and the public.

We may:

Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site.

Terminate or suspend your access to all or part of the Site for any or no reason, including without limitation, any violation of these

Terms of Use

Block violator’s IP address and/or notify his or her Internet Service Provider

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Site. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot undertake to review all material before it is posted on the Site for accuracy, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this paragraph.

Linking to the Site

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the homepage.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

Links from the Site

If the Site contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

We do not guarantee that the information provided on the Site is complete, accurate or up-to-date. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.

YOUR USE OF THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR EXPECTATIONS OR REQUIRMENTS. THE SITE, ITS CONTENT AND ANY SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE SITE NOR ANY PERSON ASSOCIATED WITH THE SITE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE SITE NOR ANYONE ASSOCIATED WITH THE SITE REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

Limitation on Liability

IN NO EVENT WILL WE, OUR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

Indemnification

You agree to defend, indemnify and hold harmless the Site, its affiliates and licensors and their respective officers, directors, employees, contractors, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use or your use of the Site, including, without limitation, any use of the Site’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Site.

Assignment

You may not assign, in whole or in part, by operation of law or otherwise any of the rights, interests or obligations under the Terms of Use without our prior written consent. We may transfer, assign or subcontract rights and obligations the rights, interests or obligations under the terms of Use, at our sole discretion, without obtaining your consent.

Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, their subject matter or their formation shall be governed by and construed in accordance with the laws of that state.

Enforcement of these Terms of Use is solely in our discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of our right to enforce them in other instances.

Arbitration and Waiver of Jury Trial

Any controversy or claim arising out of or relating to these Terms of Use or the services shall be resolved by binding arbitration in Florida by the American Arbitration Association under the Arbitration Rules then in effect. Any award of the arbitrator may be entered as a judgment in any court of competent jurisdiction. You understand that this clause means you waive your right to sue in court and have a jury trial.

Your Comments and Concerns

All feedback, comments, requests for technical support and other communications relating to the Site should contact us.

Thank you for visiting the Site.

Terms of Use was revised on November 8, 2013

Comments are closed.

  • Banner Code Goes Here