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Terms of Use

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For humans who like reading this legal stuff.

 

Effective Date: February 15, 2020

Thank you for your interest in joining PupWise, a knowledge sharing platform that connects pet owners based on the similarities of their pets. Please review these terms and conditions (“Terms of Use”) which will govern your registration with and use of the PupWise website www.purrchpets.com (the “Site”) and mobile application (the “App”) and includes all content and services provided by PupWise Inc. (“PupWise,” “us,” “we,” or “our”) on or in conjunction with the Site and App, including, but not limited to storage, messaging and communication services (the “Services”).

By clicking “I Accept”, you agree to these Terms of Use as well as to the terms of the Privacy Policy, which is available on the Site and the App. If you do not want to be bound by the Terms of Use and the Privacy Policy, you may not use the Site and the App.

  1. Definitions.
    1. “User” or “you” shall mean any user or person who registers an account with the App on behalf of themselves and their pet/s, or an organization.
    2. “PupWise Content” means all information and content available on the Site and the App uploaded or owned by PupWise, including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, and the compilation and organization thereof, as well as information from independent sources gathered by PupWise regarding third party products, services and places.
    3. “User Profile Information” means all personal information and content submitted by you in connection with registering for and maintaining an account for you and your pet/s. “User Profile Information” specifically excludes User Posts.
    4. “User Posts” means all comments, inquiries, opinions, suggestions, reviews, stories, experiences, ratings, events, notices, alerts or other information you submit to the Public Spaces of the App. This includes all information other than User Profile Information.
  2. General Use of the Site and App.
    1. License to Use. Subject to the terms of these Terms of Use, PupWise grants to you a non-exclusive, revocable, non-transferable license to use the Site and the App. All right, title, and interest in and to the Site and the App (excluding User Profile Information and User Posts) is and will remain the exclusive property of PupWise and and/or its licensors.
    2. User Contents. The content on the App is 100% user-generated. Through the use of third party APIs, Users may search for and access information about products, services and places. PupWise is not responsible or liable for any inaccuracies in any information provided on the App through these third party APIs.
    3. GPS Tracking. In the future, we may offer Users the ability to enhance your experience by making use of your location, for example in the form of GPS signals and other information sent by your mobile device on which the App is installed and activated. You have the ability to deny this request. If you decide to enable GPS tracking, we will use it to further personalize your feed and show you relevant location-based content. If you decide to turn GPS tracking off, this feature will be disabled for all accounts associated with you.
    4. Registration Required: In order to fully use the App, you are required to register your information with PupWise and become a User.
    5. PupWise Rights: Notwithstanding the above or anything to the contrary set forth in these Terms of Use, PupWise shall have the absolute and unlimited right to: (i) reject any potential User; (ii) terminate the account of any User at any time with or without cause in PupWise’s sole discretion; (iii) publish any User Posts, including for the purposes of marketing PupWise, the Site and/or the App; and (iv) delete any User Posts for any reason and at any time without liability. PupWise reserves all rights not expressly granted in and to the Site, the App and the PupWise Content.
  3. Registered User Account.
    1. Eligibility. The Site, the App and the Services are not intended for children under the age of thirteen (13) and we do not knowingly allow access by or collect information from children under the age of 13. If we become aware that a User is under the age of 13 and has submitted any information to us for any purpose, we will delete that information from our files. In addition, if a parent or guardian becomes aware that a minor has submitted personal information, that parent or guardian should immediately tell us that they would like this information deleted from our records by contacting us at the email address listed on the Site. If you are over 13 but under 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand and consents to these terms and conditions. Further, you represent and warrant that you: (i) have not previously been suspended by us or removed from the Site and/or the App; (ii) do not have more than one account for the App per person and one account per pet at any given time; and (iii) that you have full power and authority to enter into these Terms of Use and in doing so will not violate any other agreement to which you are a party.
    2. Data Accuracy. We ask that any User Profile Information you provide to PupWise is true, current and complete. In the event your name or email address changes, please send a change request to [email protected]. All User Profile Information related to a pet can be changed on that pet’s profile page.
    3. Passwords. In order to use the features on the App, you will need to create an account and password. 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 suspend or cancel your account at any time for any or no reason. You will use your account for your personal, non-commercial use only. Should you misplace or forget your password, please click on the “Forgot Password” link. If you continue to have problems, please contact our support staff at [email protected] or send us a message via our Contact Us page on the Site.
  4. Public Areas of the Site. The App provides newsfeed pages, User profile pages, a search page, pages for individual pet-related products, services, and places, and other interactive or social media features ("Public Spaces") which allow Users to obtain and exchange information with each other, and to socialize, to share, to discover, and to network about pets (the "Purpose"). If you use the Public Spaces, you agree that opinions expressed in the Public Spaces or elsewhere on the App and in any corresponding comments are the personal opinions of the original authors, and do not necessarily reflect our views.
    1. Restrictions. You agree not to use the Public Spaces for any reason other than the Purpose. Except as permitted through a “Share” function which we may provide on the Public Spaces (or with our express written permission), you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from the Public Spaces.
    2. User Posts; No Monitoring. We do not monitor or review User Posts, including those you may find offensive. All User Posts express the views of the author, and we will not be held responsible for any User Post or associated content. When using the Public Spaces and viewing User Posts you need to be aware of the following:
      1. The Public Spaces include User Posts, over which we have no control.
      2. We reserve the right to remove User Posts at any time and in our sole discretion, including those that are in breach of these Terms of Use or infringe or are alleged to infringe on the intellectual property rights of any third party, or are defamatory, or otherwise are not relevant to the Public Spaces and we will not be liable in relation to the removal of, or failure to remove, any User Posts.
      3. You have the option to hide any User post that you no longer wish to see by selecting “hide this post” on the User post.
      4. You have the option to block any User that you no longer wish to see. Blocking occurs at the pet profile level between two pets and is a mutual block. To create a block, select the “block pet” option on the User’s pet profile page. If you or the User have more than one pet, you will need to repeat this action for each of your and the User’s pets to create a complete and mutual block between you and the User.
    3. Reporting. If you believe that a User Post violates any of the provisions of Section 7 of this Agreement, you may report the User Post to PupWise by selecting “report as inappropriate” on the User Post itself. PupWise shall take such responsive action as it deems appropriate in its sole discretion. PupWise shall not be liable for any User Post report, or PupWise’s subsequent action or inaction.
  5. License to User Posts and User Profile Information. By registering for the App you are granting us a royalty-free, perpetual, exclusive, unrestricted, worldwide license to: (a) post, use, copy, sublicense, adapt, transmit, publicly perform or display any such User Post and User Profile Information; and (b) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, host, communicate, make available and publish your User Posts and User Profile Information without restriction except as stated in the Privacy Policy. The foregoing grants shall include the right to exploit any ideas, concepts, intellectual property, or proprietary rights in such User Post, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction without us owing any monies to you whatsoever.
  6. User Restrictions.
    1. Compliance with Applicable Laws. You agree to use the Site and App only as provided for in these Terms of Use and in accordance with applicable law.
    2. The Site/The App/PupWise Content. Neither the Site, the App nor the PupWise Content may be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of PupWise. All User Posts and User Profile Information must be used with permission of the respective User. All third party content, such as the information and intellectual property associated with pet products and services that are featured on the Site and the App must be used in accordance with the policies of such third parties. User agrees to not engage in the use, copying, or distribution of any of the PupWise Content other than expressly permitted herein. If User downloads or prints PupWise Content for personal use, User must retain all copyright and other proprietary notices contained therein.
    3. Other Restrictions: You agree that you will not, and will not assist or enable others to use the Site or the App:
      1. to threaten, stalk, defraud, incite, harass, or harass another person or pet, or otherwise interfere with another User’s use of the Site or the App;
      2. to submit or transmit spam, chain letters, contests, junk email, pyramid schemes, surveys, or other mass messaging, whether commercial in nature or not;
      3. for promotional or commercial purposes;
      4. in a manner that may create a conflict of interest, such as trading reviews with other business owners or writing or soliciting shill reviews;
      5. for keyword spamming or to otherwise attempt to manipulate natural search results;
      6. to promote bigotry or discrimination against protected classes;
      7. to promote violence or harm to animals;
      8. to violate any third-party right, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
      9. to submit or transmit pornography or illegal content;
      10. to solicit personal information from minors or to harm or threaten to cause harm to minors (or persons of any age);
      11. to record, process, or mine information about other Users;
      12. to release any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index the Site, the App or any PupWise Content;
      13. to access, retrieve or index the Site or the App for purposes of constructing or populating a searchable database of pet product or service reviews;
      14. to attempt to gain unauthorized access to the Site or the App, User accounts, computer systems or networks connected to the Site or the App through hacking, password mining or any other means;
      15. to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature;
      16. to introduce any device, software or routine that interferes with the proper working of the Site or the App, or otherwise attempt to interfere with the proper working of the Site or the App;
      17. to make excessive traffic demands;
      18. to remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Site or the App, features that prevent or restrict the use or copying of Site, the App or PupWise Content, or features that enforce limitations on the use of the Site or the App; or
      19. in any manner or for any reason in contravention to the Purpose.
  7. User Post Representations and Warranties. User affirms, represents, and/or warrants that: (i) User owns or has the necessary licenses, rights, consents, and permissions to use and authorize PupWise to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Posts to enable inclusion and use of the User Posts in the manner contemplated by these Terms of Use; and (ii) User has the written consent, release, and/or permission of each and every identifiable individual person in the User Posts to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Posts in the manner contemplated by the Site, the App and these Terms of Use.
  8. User Liability. PupWise expressly disclaims any and all liability in connection with User Posts. PupWise has the right to delete any User Post or suspend or terminate a User’s access to the Site and the App. PupWise also reserves the right to decide whether User Posts are appropriate and comply with these Terms of Use for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. PupWise may terminate a User’s account for any violation of these Terms of Use at any time, without prior notice and at its sole discretion. You alone are responsible for your User Posts. You assume all risks associated with your User Posts, including anyone’s reliance on its accuracy, completeness or usefulness, or any disclosure by you of information in your User Posts that makes you personally identifiable. You represent that you own, or have the necessary permissions to use, and authorize the use of, your User Post as described herein. You may not imply that your User Posts are in any way sponsored or endorsed by us. You may expose yourself to liability if, for example, your User Post violates any third-party right, including any copyright, trademark, patents, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is false, intentionally misleading, or defamatory; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
  9. Digital Millennium Copyright Act. If you are a copyright owner or an agent thereof and believe that any User Post or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing PupWise’s DMCA agent with the following information in writing:
    1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the DMCA agent to locate the material;
    4. Information reasonably sufficient to permit the DMCA agent to contact you, such as an address, telephone number, and, if available, an email address;
    5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
    PupWise’s designated DMCA agent to receive notifications of claimed infringement is: Randy M. Friedberg, Esq., Stradley Ronon, 100 Park Avenue, 2000, New York, New York, 10017; email: [email protected]. Only DMCA notices should go to the DMCA agent. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. We suggest that you consult your legal advisor before filing a notice. Please be aware that there are penalties for false claims under the DMCA. You acknowledge that if you fail to comply with all of the requirements of this section, your DMCA notice may not be valid.
  10. Intellectual Property
    1. Ownership. All PupWise Content, the Site, the App and their “look and feel,” including but not limited to trademarks, logos, service marks, copyrighted works, text, graphics, logos, button icons, images, audio/video clips, and the compilation and organization thereof is the property of PupWise, its affiliates, partners or licensors, or is used with consent of the owner, and is protected by United States and international laws, including laws governing copyrights and trademarks.
    2. Trademarks. The trademarks, service marks, logos, and other indicia, including of PupWise (collectively the “Trademarks”) which appear on the Site and the App are registered and/or unregistered trademarks of PupWise and others. Nothing contained on the Site or the App should be construed as granting, by implication or otherwise, any right, license or title to any of the Trademarks without the advance written permission of PupWise or such third party as may be appropriate. All rights are expressly reserved and retained by PupWise. Your use of any of the Trademarks, or any other PupWise Content on the Site and the App, is strictly prohibited except as provided in these Terms of Use. You are also advised that PupWise considers its intellectual property to be among its most valuable assets, and will aggressively enforce its intellectual property rights to the fullest extent of the law.
  11. Limitations on Service. PupWise does not make any representations or warranties, whether express or implied, regarding or relating to the Site or the App, including the PupWise Content or operations of either. While it is our goal at PupWise to provide you with a useful, stable and available service, we cannot guarantee that there will be no unforeseen difficulties, technical or otherwise, which may, in rare cases, result in service interruptions or loss of data. For this reason, the Site, the App, all PupWise Content and the Services are provided strictly on an “as is” basis. By accepting these Terms of Use, you agree that neither PupWise nor any of its third party service providers will be held accountable for any delays in transmission of your data, data loss, service interruptions or retention of User Profile Information. PupWise reserves the right to change or discontinue, either temporarily or permanently, any part of the Site or the App or any or all of the Services at any time and without prior notice. You agree that neither PupWise nor any of its third party service providers will be liable for any damages should such discontinuance occur.
  12. Disclaimers

    PUPWISE DOES NOT PROVIDE ANY OFFICIAL RATINGS, RANKINGS, GUARANTEES, WARRANTIES, SPECIFICATIONS OR OTHER INFORMATION REGARDING THE PRODUCTS, SERVICES AND PLACES PRESENTED ON THE SITE OR THE APP. THE PUPWISE CONTENT AND OTHER INFORMATION ON THE SITE OR THE APP IS NOT A SUBSTITUTE FOR YOUR RESPONSIBILITIES AS THE OWNER OF YOUR PET. NEITHER THE SERVICES NOR ANY INFORMATION AVAILABLE ON THE SITE OR THE APP CONSTITUTES VETERINARY OR MEDICAL ADVICE. YOU ARE ULTIMATELY RESPONSIBLE FOR ENSURING THE HEALTH AND SAFETY OF YOUR PET. PLEASE SEEK MEDICAL AND/OR VETERINARY ADVICE AND SERVICES AS NECESSARY. WE DO NOT GUARANTEE ANY PRODUCT OR SERVICE OR PLACES WILL MATCH THE SPECIFICATIONS AVAILABLE ON THE SITE OR THE APP, AND WE DO NOT PROVIDE ANY SERVICE FOR THE ORDERING, RETURN OR REMEDIATION OF CUSTOMER ISSUES FOR THESE PRODUCTS, SERVICES AND PLACES. PUPWISE IS NOT IN ANY WAY OBLIGATED TO OR LIABLE FOR REPORTING PRODUCT RECALLS. WE ARE NOT RESPONSIBLE IN THE EVENT ANY PRODUCT OR GOOD ON THE APP FAILS TO MEET YOUR EXPECTATIONS OR FAILS TO CONFORM TO THE INFORMATION PROVIDED ON THE APP.

    THE SITE, THE APP, THE PUPWISE CONTENT AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. NONE OF PUPWISE, ITS AFFILIATES, THEIR RESPECTIVE MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “PUPWISE PARTIES”) MAKES ANY WARRANTIES OR REPRESENTATIONS ABOUT THE SITE, THE APP OR THE PUPWISE CONTENT, AND THE PUPWISE PARTIES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE APP AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE PUPWISE PARTIES DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR USE OF THE SITE OR THE APP, THAT THE FUNCTIONS CONTAINED IN THE SITE, THE APP OR THE SERVICES PROVIDED BY PUPWISE WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE SITE, THE APP OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SITE, THE APP OR THE SERVICES WILL BE CORRECTED. YOU AGREE THAT YOU USE THE SITE OR THE APP AND RELY ON INFORMATION THEREIN SOLELY AT YOUR OWN RISK.
  13. Limitation of Liability. IN NO EVENT SHALL PUPWISE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR DAMAGES RESULTING FROM LOST DATA) RESULTING FROM A PERSON’S USE OR INABILITY TO USE THE SITE OR THE APP, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A PUPWISE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE PUPWISE PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
  14. Release. As a condition to your use of the Site or the App, you hereby waive and release any and all claims, causes of action or other rights that you might have against any of the PupWise Parties arising out of or relating to your use or inability to use the Site and the App or your reliance on any PupWise Content.
  15. Indemnification. User agrees to defend, indemnify and hold harmless PupWise, its shareholders, partners, affiliates, directors, officers, subsidiaries, employees, agents, licensees, distributors and content providers from all damages, liabilities, claims and expenses, including without limitation attorneys' fees and costs, arising from or related, directly or indirectly, to: (a) any violation or infringement of the rights of any third party; (b) any violation of law by User; and (c) any breach of these Terms of Use by User.
  16. Privacy. PupWise is committed to protecting the privacy of its Users and has developed a detailed Privacy Policy that describes our practices and procedures regarding your User Content and User Profile Information. The Privacy Policy is incorporated herein by reference. Please review the Privacy Policy before accepting these Terms of Use. By registering with the App, you consent to the collection and use of your personal information and the transfer of this information to locations around the world for processing and storage by PupWise. We respect other people's rights, and expect you to do the same.
  17. Termination. We may terminate or suspend your account or ability to use the Site and the App, in whole or in part, at our sole discretion, for any or no reason, and without notice or liability of any kind. Any such termination or suspension could prevent you from accessing your account, the Site and the App, your User Posts or any other related information. You may terminate your account at any time by closing your account by contacting us at [email protected]. If you close your account, we may continue to display your User Posts. In the event of any termination, whether by you or us, Sections 5, 8-11, 13-16, 18, 19 and 21 of these Terms of Use will continue in full force and effect.
  18. Entire Agreement/Severability. These Terms of Use, together with the Privacy Notice and any other legal notices published by PupWise on the Site and App, shall constitute the entire agreement between you and PupWise concerning the Site and the App. If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and PupWise’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  19. Suggestions and Improvements. By sending us any ideas, suggestions, documents or proposals ("Feedback"), you agree that: (i) your Feedback does not contain the confidential or proprietary information of third parties; (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback; (iii) we may have something similar to the Feedback already under consideration or in development; and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, publish, distribute, create derivative works of and sublicense the Feedback in our sole discretion.
  20. Governing Law. You agree that: (a) the Site and the App shall be deemed solely based in New York, New York; and (b) the Site and the App shall be deemed a passive website and applications that do not give rise to personal jurisdiction over PupWise, either specific or general, in jurisdictions other than New York. These Terms of Use shall be governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles. Furthermore, the parties agree that the sole and exclusive venue for any dispute or claim arising out of or in connection with this Agreement shall be the state and federal courts sitting in New York, New York.
  21. Modifications to the Terms of Use. From time to time, PupWise may update or revise these Terms of Use. Whenever such changes are made, PupWise will post an updated Agreement on the Site, and may, but shall not be obligated to, notify you via email. You should always check the date at the top of the Agreement. If any proposed change is unacceptable to you, you will have the right to terminate your account. If PupWise decides to change these Terms of Use in a material way, PupWise will obtain the necessary consents required under applicable laws, unless the change is otherwise required or permitted by law.

USER ACKNOWLEDGES THAT USER HAS READ THIS AGREEMENT, UNDERSTANDS IT, AND AGREES TO BE BOUND BY ITS TERMS AND CONDITIONS. USER FURTHER AGREES THAT IT IS THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN USER AND PUPWISE WHICH SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT, WRITTEN OR ORAL, AND ANY OTHER COMMUNICATION BETWEEN USER AND PUPWISE RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.

Should you have any questions concerning these Terms of Use, please email [email protected].