Elena, Brooke & Christine
last updated March 4, 2017
This agreement (the "Agreement") is entered into by and between you and WAGAROO LLC/ WAGAROO ANIMAL PARTNERS (the “Company”) regarding your use of Wagaroo. YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR TO PARTICIPATE IN THE REFERRAL PROGRAM. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and also apply to that company or other legal entity.
Modification Wagaroo reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including Origination Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site have provided you with notice of a modification; you are indicating that you agree to be bound by the modified Terms. If you do not agree to the Terms, including modified terms, you are no longer authorized to use the Site or any of the Services provided by Wagaroo. By using Wagaroo, you are entering into this Agreement with WAGAROO LLC/ WAGAROO ANIMAL PARTNERS and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions, please do not use Wagaroo. Contact us at firstname.lastname@example.org if you have any questions/comments.
Description of Service. Wagaroo (the "Services") is a free service from WAGAROO LLC/ WAGAROO ANIMAL PARTNERS (the "Company") that offers people a way to search for pets that are available to adopt. You understand and agree that the representations made by the Lister and/or PPO (Potential Pet Owner) are not the representations of Wagaroo, that Wagaroo has not confirmed the accuracy of any representations about the animals or the care previously provided them, and Wagaroo is not in a position to and does not guarantee that the animals are appropriate for the PPO, and that the Service is provided on an AS IS and AS AVAILABLE basis.
How the Site, Application and Services Work. Wagaroo.com can be used to facilitate the adoption of a pet. You may view pets as an unregistered visitor; however, if you wish to contact a lister or list pets as a lister, you must first register to create a Wagaroo.com Account (defined below). As stated above, Wagaroo.com makes available a platform or marketplace with related technology for PPOs and listers to meet online and arrange for adoption of pets. Wagaroo is not owner or operator of pet selling businesses, including, but not limited to, breeding kennels, animal control facilities, nonprofit humane societies, SPCAs, or breed rescues. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited introducer to introduce the between PPO and Lister. More information about online safety can be found at Get Safe Online and Craigslist.
Animal Information Provided by Listers. The Service allows listers to post photos, video, and descriptive information about the animals in their care. You agree that the Service Wagaroo does not and cannot guarantee the accuracy and validity of animal information entered by its users.
PLEASE NOTE THAT THE SITE, AND SERVICES ARE INTENDED TO BE USED TO FACILITATE THE ADOPTION OF PETS. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PETS. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL INTERACTIONS BETWEEN PPO AND LISTER THAT RELATE TO SERVICES PROVIDED BY WAGAROO LLC/ WAGAROO ANIMAL PARTNERS AND ANY SUCH INTERACTIONS BETWEEN THESE THIRD PARTIES ARE MADE AT THE USER’S OWN RISK. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS also reserves the right to modify, suspend or discontinue the Service with or without notice at any time.
Proper Use. You agree that WAGAROO LLC/ WAGAROO ANIMAL PARTNERS does not provide legal advice and that you will use the Service in compliance with all applicable local, state, national, and international laws, rules and regulations. You agree that you will not, and will not agree to, and shall not authorize or encourage any third party to: (a) use the Service to harass other users; (b) prevent others from using the Service; (c) use the Service for any fraudulent or inappropriate purpose. The Company reserves the right to report animal cruelty or endangerment.
Personal Use. The Service is made available to you for your personal use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. 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, without the prior written permission of the Company.
Children's Online Privacy. Due to the Children's Online Privacy Protection Act of 1998, you must be at least thirteen (13) years of age to use this Service.
User Representations and Warranties. You represent and warrant that (a) all of the information provided by you to participate in the Services is correct and current; (b) you have all necessary right, power and authority to enter into this Agreement and to perform the acts required of you hereunder.
Refusal of service; Termination; Suspension. The Company reserves the right in its sole discretion to refuse, suspend, or terminate the Service to anyone at any time without notice.
Warranty. The Company does not represent that the Service 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. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
Damages. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS PROVIDES SERVICES TO THE USER WITHOUT CHARGE AND UNDER NO CIRCUMSTANCES WILL WAGAROO LLC/ WAGAROO ANIMAL PARTNERS BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL 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 WAGAROO LLC/ WAGAROO ANIMAL PARTNERS BE LIABLE TO YOU FOR ANY AMOUNT FOR SERVICES RENDERED PURSUANT TO THIS AGREEMENT.
Indemnification. You agree to hold harmless the Company and its employees and representatives from and against any third party claims arising from or in any way related to the activities of any third party, including the activities of any Lister or PPO utilizing the services of the Company. You further agree to indemnify the Company and any of its employees and representatives from any claims arising out of or in any way related to the activities of any such third party, and to pay all the attorneys’ fees and costs incurred by the Company in defending against any such third party claims.
Severability. If any provision or portion of a provision of this Agreement is determined to be unenforceable or illegal for any reason, the remaining provisions and portions thereof shall not be affected by such unenforceability or illegality.
Exercise. The failure of the Company to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision.
Choice of Law; Dispute Resolution via Mediation and Arbitration. This agreement shall be interpreted in accordance with the laws of the State of Delaware:
- The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration pursuant to the clause set forth in subparagraph 5 below.
- Either party may commence mediation by providing to JAMS and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested.
- The parties will cooperate with JAMS and with one another in selecting a mediator from the JAMS panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith and that they will share equally in its costs.
- All offers, promises, conduct and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts and attorneys, and by the mediator or any JAMS employees, are confidential, privileged and inadmissible for any purpose, including impeachment, in any arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
- Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration at any time following the initial mediation session or at any time following 45 days from the date of filing the written request for mediation, whichever occurs first (“Earliest Initiation Date”). The mediation may continue after the commencement of arbitration if the parties so desire.
- At no time prior to the Earliest Initiation Date shall either side initiate an arbitration or litigation related to this Agreement except to pursue a provisional remedy that is authorized by law or by JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 3 above.
- All applicable statutes of limitation and defenses based upon the passage of time shall be tolled until 15 days after the Earliest Initiation Date. The parties will take such action, if any, required to effectuate such tolling.
Ownership. The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights is the exclusive property of WAGAROO LLC/ WAGAROO ANIMAL PARTNERS and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
User Content. We may, in our sole discretion, permit users of all types to post, upload, publish, submit or transmit Content. By making available any Content on or through the Site, and Services, you hereby grant to WAGAROO LLC/ WAGAROO ANIMAL PARTNERS a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Content on, through, or by means of the Site and Services. WAGAROO LLC/ WAGAROO ANIMAL PARTNERS does not claim any ownership rights in any such Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Content. You acknowledge and agree that you are solely responsible for all Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to WAGAROO LLC/ WAGAROO ANIMAL PARTNERS the rights in such Content, as contemplated under these Terms; and (ii) neither the Content nor your posting, uploading, publication, submission or transmittal of the Content or WAGAROO LLC/ WAGAROO ANIMAL PARTNERS use of the Content (or any portion thereof) on, through or by means of the Site, Application and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
Proprietary Rights Notices. All trademarks, service marks, logos, trade names and any other proprietary designations of WAGAROO LLC/ WAGAROO ANIMAL PARTNERS used herein are trademarks or registered trademarks of WAGAROO LLC/ WAGAROO ANIMAL PARTNERS. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Entire Agreement. This Agreement constitutes the entire agreement between WAGAROO LLC/ WAGAROO ANIMAL PARTNERS and you with respect to the subject matter hereof.