PawSwap
TERMS OF USE
Last revised on August 26, 2024
Welcome to PawSwap.
1. Parties.
The parties to these Terms of Use are you, and the owner of this https://www.ThePawSwap.com website, PawSwap, LLC ("PawSwap"). All references to "we", "us", "our", the “Company”, this "website", "site", “app” or “apps” shall be construed to mean this website/software applications business and PawSwap, LLC.
2. Acceptance of Terms of Use Agreement.
By creating a PawSwap account, whether through a mobile device, mobile application or computer (collectively, the “Service”) you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, Cookie Policy, Arbitration Procedures (if applicable to you), Safety Tips, and Community Guidelines, each of which is incorporated by reference into this Agreement, and (iii) any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service (collectively, this "Agreement"). If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.
We may make changes to this Agreement and to the Service from time to time. We may do this for a variety of reasons including to reflect changes in or requirements of the law, new features, or changes in business practices. The most recent version of this Agreement will be posted on the Service under Settings and also on www.ThePawSwap.com, and you should regularly check for the most recent version. The most recent version is the version that applies. If the changes include material changes to your rights or obligations, we will notify you at least 30 days in advance of the changes (unless we’re unable to do so under applicable law) by reasonable means, which could include notification through the Service or via email. If you continue to use the Service after the changes become effective, then you agree to the revised Agreement.
3. Use and Restrictions.
Subject to these Terms of Use and our Privacy Policy, you may use the public areas of this apps, but only for your own internal purposes. You agree not to access (or attempt to access) this apps by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt to access) this app through any automated means (including use of scripts or web crawlers), and you agree to comply with the instructions set out in any robots.txt file present on this apps. You are not authorized to (i) resell, sublicense, transfer, assign, or distribute the apps, its services or content; (ii) modify or make derivative works based on the apps, its services or content; or (iii) "frame" or "mirror" the apps, its services or content on any other server or Internet-enableddevice. All rights not expressly granted in this Agreement are reserved by us and our licensors.
4. How We Treat Postings to This App or Our Community of Users.
We will not treat information that you post to areas of this app that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this apps or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that violates export control laws.
We, in our sole discretion and without notice, reserve the right, but undertake no duty, to review, edit, remove or delete any material submitted as a comment to blog, forum or chat-room provided for display or placed on this apps. Specifically, we reserve the right to delete or decline to post content that contains profanity; sexual content; overly graphic, disturbing or offensive material; vulgar or abusive language; hate speech, defamatory comments, or offensive language targeting any specific demographic; personal attacks of any kind; spam; promotions for commercial products or services.
By submitting a comment for posting, you agree that we are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this Agreement.
5. Defamation; Communications Decency Act Notice.
This apps is a provider of "interactive computer services" under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this apps by third parties is limited as described therein. We are not responsible for content or any other information posted to this apps by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
6. Monitoring.
We reserve the right, but not the obligation, to monitor your access and use of this apps without notification to you. We may record or log your use in a manner as set out in our Privacy Policy that is accessible though the Privacy Policy link on this apps' home page.
7. Ownership.
The material provided on this apps is protected by law, including, but not limited to, United States copyright law and international treaties. The copyrights and other intellectual property in the content of this apps is owned by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
8. Eligibility.
You are not authorized to create an account or access or use the Service or systems it resides on unless all of the following are true:
- you are at least 18 years of age.
- you can form a binding contract with PawSwap,
- you are not a person who is barred from using the Service under the laws of the
- United States or any other applicable jurisdiction (for example, you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition),
- you will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations, and
-you have never been convicted of a felony or indictable offense (or crime of similar severity), a sex crime, or any crime involving violence, and that you are not required to register as a sex offender with any state, federal or local sex offender registry.
9. Your Account.
In order to use PawSwap, you may sign in using a number of ways, including by Facebook login. If you choose to use your Facebook login, you authorize us to access and use certain Facebook account information, including but not limited to your public Facebook profile. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.
You are responsible for maintaining the confidentiality of your login credentials you use to sign up for PawSwap, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact us. YOUR CONTINUED USE OF THIS APPS FOLLOWING OUR POSTING OF A MODIFICATION NOTICE OR NEW TERMS OF USE ON THIS APPS WILL CONSTITUTE BINDING ACCEPTANCE OF THE MODIFICATION OR NEW TERMS OF USE.
10. Modifying the Service and Termination.
PawSwap is always striving to improve the Service and bring you additional functionality that you will find engaging and useful. This means we may add new product features or enhancements from time to time as well as remove some features, and if these actions do not materially affect your rights or obligations, we may not provide you with notice before taking them. We may even suspend the Service entirely, in which event we will notify you in advance unless extenuating circumstances, such as safety or security concerns, prevent us from doing so.You may terminate your account at any time, for any reason, by following the instructions in "Settings" in the Service. However, if you use a third-party payment account such as Apple’s App Store or iTunes Store, as applicable (“App Store”) or the Google Play Store, you will need to manage in app purchases through such an account to avoid additional billing. PawSwap may terminate your account at any time without notice if it believes that you have
violated this Agreement. Upon such termination, you will not be entitled to any refund for purchases.
For residents of the Republic of Korea, except in the case where we reasonably consider that (i) giving notice is legally prohibited (for instance, when providing notice would either violate applicable laws, regulations, or orders from regulatory authorities or compromise an ongoing investigation conducted by a regulatory authority) or (ii) any notice may cause harm to you, third parties, PawSwap, and/or our affiliates (for instance, when providing notice harms the security of the Service), we will without delay notify you of the reason for taking the relevant step.
After your account is terminated, this Agreement will terminate, except that the following provisions will still apply to you and PawSwap: Section 10, Section 11, and Sections 21 through 29.
11. Safety; Your Interactions with Other Members.
Though PawSwap strives to encourage a respectful member experience through features like the double opt-in that allows members to communicate only after they have both indicated interest in one another, PawSwap is not responsible for the conduct of any member on or off of the Service. You agree to use caution in all interactions with other members, particularly if you decide to communicate off the Service or meet in person. In addition, you agree to review and follow PawSwap’ Safety Tips prior to using the Service. You agree that you will not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other members.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT PAWSWAP DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS MEMBERS OR OTHERWISE INQUIRE INTO THE
BACKGROUND OF ITS MEMBERS. PAWSWAP MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OR COMPATIBILITY OF MEMBERS.
12. Rights PawSwap Grants You.
PawSwap grants you a personal, worldwide, royalty-free, non-assignable, nonexclusive, revocable, and non-sublicensable license to access and use the Service. This license is for the sole purpose of letting you use and enjoy the Service’s benefits as intended by PawSwap and permitted by this Agreement. This license and any authorization to access the Service are automatically revoked in the event that you do any of the following:-
- use the Service or any content contained in the Service for any commercial purposes without our written consent.
- copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through the Service without PawSwap’ prior written consent.
- express or imply that any statements you make are endorsed by PawSwap. use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
- use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
- upload viruses or other malicious code or otherwise compromise the security of the Service.
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service.
- "frame" or "mirror" any part of the Service without PawSwap’ prior written authorization.
- use meta tags or code or other devices containing any reference to PawSwap or the Service (or any trademark, trade name, service mark, logo or slogan of PawSwap) to direct any person to any other website for any purpose.
- modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, or cause others to do so.
- use or develop any third-party applications that interact with the Service or other members' Content or information without our written consent. use, access, or publish the PawSwap application programming interface without our written consent.
- probe, scan or test the vulnerability of our Service or any system or network.
- encourage or promote any activity that violates this Agreement.
PawSwap may investigate and take any available legal action in response to illegal or unauthorized uses of the Service, including termination of your account.
Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may be able to adjust these automatic downloads through your device's settings.
13. Rights you Grant PawSwap.
By creating an account, you grant to PawSwap a worldwide, transferable, sub-licensable, royalty-free, right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, modify and distribute information you authorize us to access from third parties such as Facebook, as well as any information you post, upload, display or otherwise make available (collectively, "post") on the Service or transmit to other members (collectively, "Content"). PawSwap' license to your Content shall be non-exclusive, except that PawSwap' license shall beexclusive with respect to derivative works created through use of the Service. For example, PawSwap would have an exclusive license to screenshots of the Service that include your Content. In addition, so that PawSwap can prevent the use of your Content outside of the Service, you authorize PawSwap to act on your behalf with respect to infringing uses of your Content taken from the Service by other members or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) (i.e., DMCA Takedown Notices) on your behalf if your Content is taken and used by third parties outside of the Service. Our license to your Content is subject to your rights under applicable law (for example laws regarding personal data protection to the extent any Content contains personal information as defined by those laws) and is for the limited purpose of operating, developing, providing, and improving the Service and researching and developing new ones. You agree that
any Content you place or that you authorize us to place on the Service may be viewed by other members and may be viewed by any person visiting or participating in the Service (such as individuals who may receive shared Content from other PawSwap members).
You agree that all information that you submit upon creation of your account, including information submitted from your Facebook account, is accurate and truthful and you have the right to post the Content on the Service and grant the license to PawSwap above.
You understand and agree that we may monitor or review any Content you post as part of a Service. We may delete any Content, in whole or in part, that in our sole judgment violates this Agreement or may harm the reputation of the Service.
When communicating with our customer care representatives, you agree to be respectful and kind. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening, harassing, or offensive, we reserve the right to immediately terminate your account.
In consideration for PawSwap allowing you to use the Service, you agree that we, our affiliates, and our third-party partners may place advertising on the Service. By submitting suggestions or feedback to PawSwap regarding our Service, you agree that PawSwap may use and share such feedback for any purpose without compensating you.
Please be informed that PawSwap may access, store and disclose your account information and Content if required to do so by law, by performing its agreement with you, or in a good faith belief that such access, storage or disclosure satisfies a legitimate interest, including to: (i) comply with legal process; (ii) enforce the Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
14. Community Rules.
By using the Service, you agree that you will not:
- use the Service for any purpose that is illegal or prohibited by this Agreement.
- use the Service for any harmful or nefarious purpose
- use the Service in order to damage PawSwap
- violate our Community Guidelines, as updated from time to time.
- spam, solicit money from or defraud any members.
- impersonate any person or entity or post any images of another person without his or her permission.
- bully, "stalk", intimidate, assault, harass, mistreat or defame any person.
- post any Content that violates or infringes anyone's rights, including rights of publicity, privacy, copyright, trademark or other intellectual property or contract right.
- post any Content that is hate speech, threatening, sexually explicit or pornographic.
- post any Content that incites violence; or contains nudity or graphic or gratuitous violence.
- post any Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
- solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other members or disseminate another person's personal information without his or her permission.
- use another member's account, share an account with another member, or maintain more than one account.
- create another account if we have already terminated your account, unless you have our permission.
PawSwap reserves the right to investigate and/or terminate your account without a refund of any purchases if you have violated this Agreement, misused the Service or behaved in a way that PawSwap regards as inappropriate or unlawful, including actions or communications that occur on or off the Service. In addition, in certain instances, we may terminate your account for violating the applicable terms of any of the PawSwap family of businesses, which includes in addition to PawSwap, services such as PawSwap’s Insurance Partner. In the event that you violate these rules or our Community Guidelines, your authorization to use the Service will be automatically revoked.
15. Other Members' Content.
Although PawSwap reserves the right to review and remove Content that violates this Agreement, such Content is the sole responsibility of the member who posts it, and PawSwap cannot guarantee that all Content will comply with this Agreement. If you see Content on the Service that violates this Agreement, please report it within the Service or via our contact form.
16. Purchases.
Generally. From time to time, PawSwap may offer products and services for purchase ("in app purchases") through the App Store, Google Play Store, carrier billing, PawSwap direct billing or other payment platforms authorized by PawSwap. If you choose to make an in app purchase, you will be prompted to confirm your purchase with the applicable payment provider, and your method of payment (be it your card or a third party account such as the Google Play Store or App Store (your "Payment Method") will be charged for the in app purchase at the prices displayed to you for the service(s) you've selected as well as any sales or similar taxes thatmay be imposed on your payments, and you authorize PawSwap or the third party account, as applicable, to charge you.
Auto-Renewal; Automatic Card Payment
If you purchase an auto-recurring periodic subscription through an in-app purchase, your Payment Method will continue to be billed for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. Your card payment information will be stored and subsequently used for the automatic card payments in accordance with the Agreement.
Objections to a payment already made should be directed to Customer support if you were billed directly by PawSwap or the relevant third-party account such as the App Store. You are also able to object by contacting your bank or payment provider, who can provide further information on your rights as well as applicable time limits. You may cancel your subscription at any time.
If you want to change or terminate your subscription, you will need to log in to your third-party account (or Settings on PawSwap, if applicable) and follow the instructions to terminate or cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted the PawSwap application from your device. Deleting your account on PawSwap or deleting the PawSwap application from your device does not terminate or cancel your subscription; PawSwap will retain all funds charged to your Payment Method until you terminate or cancel your subscription on PawSwap or the third-party account, as applicable. If you terminate or cancel your subscription, you may use your subscription until the end of your then-current subscription term, and your subscription will not be renewed after your then-current term expires.
If your account has any outstanding amounts due under the subscription terms, PawSwap shall have the right to charge your payment method for such amounts.
Additional Terms that apply if you pay PawSwap directly with your Payment Method. If you pay PawSwap directly, PawSwap may correct any billing errors or mistakes that it makes even if it has already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, PawSwap may terminate your account immediately in its sole discretion.
You may edit your Payment Method information by visiting PawSwap and going to Settings. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information, terminate or cancel your subscription, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements betweenyou and the financial institution, credit card issuer or other provider of your chosen Payment Method.
Refunds.
Generally, all charges for purchases are nonrefundable, and there are no refunds or credits for partially used periods. We may make an exception if a refund for a subscription offering is requested within fourteen days of the transaction date, or if the laws applicable in
your jurisdiction provide for refunds.
For subscribers residing in the EU or European Economic Area - in accordance with local law, you are entitled to a full refund without stating the reason during the 14 days after the subscription begins. Please note that this 14-day period commences when the subscription starts.
To request a refund:
If you made a purchase using your Apple ID, refunds are handled by Apple, not PawSwap. To request a refund, go to the App Store, click on your Apple ID, select "Purchase history", find the transaction and hit "Report Problem". You can also submit a request at
https://getsupport.apple.com.
If you made a purchase using your Google Play Store account or through PawSwap directly: please contact customer support with your order number for the Google Play Store (you can find the order number in the order confirmation email or by logging in to Google Wallet) or PawSwap (you can find this on your confirmation email). You may also mail or deliver a signed and dated notice which states that you, the buyer, are canceling this Agreement, or words of similar effect. Please also include the email address or mobile number associated with your account along with your order number. This notice shall be sent to: PawSwap, Attn: Cancellations, P.O. Box 6643, Alexandria, VA 22306 or email at: info@thepawswap.com
If you use your right of cancellation (except for purchases made through your Apple ID, which Apple controls), we will refund (or ask Google to refund) all payments received from you minus the outstanding amount due under the subscription terms, without undue delay and in any case within 14 days of the date when we received notice of your decision to cancel the Agreement. We shall make such refund using the same means of payment as used by you in the initial transaction. In any case, no fees will be charged to you as a result of the refund.
If you made a purchase through a payment platform not listed above, please request a refund directly from the third-party merchant through which you made your purchase.
Pricing.
PawSwap operates a global business, and our pricing varies by a number of factors. We frequently offer promotional rates - which can vary based on region, length of subscription, bundle size and more. We also regularly test new features and payment options.Subscription Fees and PawPoints use listed in Appendix A.
17. Notice and Procedure for Making Claims of Copyright Infringement.
If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please submit a takedown request using the form here
If you contact us regarding alleged copyright infringement, please be sure to include the
following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Service (and such description must be reasonably sufficient to enable us to find the alleged infringing material);
- your contact information, including address, telephone number and email address and the copyright owner’s identity;
- a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
PawSwap will terminate the accounts of repeat infringers.
18. Links to Third-Party Websites/Apps.
We do not review or control third party websites/apps that link to or from this websites/apps , and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third-party apps is on your own initiative and at your own risk, and may be subject to the other apps' terms of use and privacy policy.
19. Participation In Promotions of Advertisers.
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this apps. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
20. Consumer Rights Information; California Civil Code Section 1789.3.
If this apps charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this apps. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiriesregarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
PawSwap LLC
P.O. Box 6643
Alexandria, VA, 22306
Contact: info@ThePawSwap.com
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
21. Disclaimers.
PAWSWAP PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PAWSWAP DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE.
PAWSWAP TAKES NO RESPONSIBILITY FOR ANY CONTENT THAT YOU OR ANOTHER MEMBER OR THIRD PARTY POSTS, SENDS OR RECEIVES THROUGH THE SERVICE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK.
22. Third Party Services.
The Service may contain advertisements and promotions offered by third parties and links to other web sites or resources. PawSwap is not responsible for the availability (or lack of availability) of such external websites or resources. If you choose to interact with the hird parties made available through our Service, such party's terms will govern their relationship with you. PawSwap is not responsible or liable for such third parties' terms or actions.
23. Limitation of Liability.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PAWSWAP, ITS AFFILIATES, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, PUNITIVE, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE, (II) THE CONDUCT OR CONTENT OF OTHER MEMBERS OR THIRD PARTIES ON, THROUGH, OR FOLLOWING USE OF THE SERVICE; OR (III) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF PAWSWAP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PAWSWAP’S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF THE AMOUNT PAID, IF ANY, BY YOU TO PAWSWAP FOR THE SERVICE AND USD $100 WHILE YOU HAVE AN ACCOUNT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
24. Arbitration, Class-Action Waiver, and Jury Waiver.
Except for members residing within the EU or European Economic Area and elsewhere where prohibited by applicable law: The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by JAMSunder the JAMS Streamlined Arbitration Rules & Procedures, except as modified by our Arbitration Procedures. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court instead if the claim is within the jurisdiction of the small claims court. If the request to proceed in small claims court is made before an arbitrator has been appointed, the arbitration shall be administratively closed. If the request to proceed in small claims court is made after an arbitrator has been appointed, the arbitrator shall determine whether the dispute should remain in arbitration or instead be decided in small claims court. Such arbitration shall be conducted by written submissions only, unless either you or PawSwap elect to invoke the right to an oral hearing before the Arbitrator. But
whether you choose arbitration or small claims court, you agree that you will not under any circumstances commence, or maintain, or participate in against the Company any class action, class arbitration, or other representative action or proceeding against PawSwap.
By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. If you assert a claim against PawSwap outside of small claims court (andPawSwap does not request that the claim, be moved to small claims court), your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all claims and all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can generally grant any relief that a court can, including the ability to hear a dispositive motion (which may include a dispositive motion based upon the parties’ pleadings, as well as a dispositive motion based upon the parties’ pleadings along with the evidence submitted), but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts located in New York City, New York. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
The online dispute settlement platform of the European Commission is available under http://ec.europa.eu/odr. PawSwap does not take part in dispute settlement procedures in front of a consumer arbitration entity for members residing in the EU or European conomic Area.
25. Governing Law.
For members residing in the EU or European Economic Area or elsewhere where our arbitration agreement is prohibited by law, the laws of New York, U.S.A., excluding New York’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or the Service. Notwithstanding the foregoing, the Arbitration Agreement in Section 15 above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Texas governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
26. Venue.
Except for members residing in the EU or European Economic Area who may bring claims in their country of residence in accordance with applicable law and except for claims that may be properly brought in a small claims court of competent jurisdiction, all claims arising out of or relating to this Agreement, to the Service, or to your relationship with PawSwap that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts of New York City, New York, U.S.A. You and PawSwap consent to the exercise of personal jurisdiction of courts in the State of Texas and waive any claim that such courts constitute an inconvenient forum.
27. Severability.
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. Inany event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
28. Indemnity by You.
You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless PawSwap, our affiliates, and there and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities and expenses, including attorney’s fees due to, arising out of, or relating in any way to your access to or use of the Service, your Content, or your breach of this Agreement.
29. Entire Agreement; Other.
This Agreement, which includes the Privacy Policy, Cookie Policy, the Safety Tips, Community Guidelines and the Arbitration Procedures (if applicable to you), and any terms disclosed and agreed to by you if you purchase additional features, products or services we offer on the Service, contains the entire agreement between you and PawSwap regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your PawSwap account is non-transferable and all of your rights to your account and its Content terminate upon your death. No agency, partnership, joint venture, fiduciary or other special relationship or employment is created as a result of this Agreement and you may not make any representations on behalf of or bind PawSwap in any manner.
30. Force Majeure.
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
31. Privacy.
Please review this apps' Privacy Policy which also governs your use of these apps. Our Privacy Policy is always accessible on our apps' home page.
Appendix A
Subscription Fees & PawPoints
Subscription Fees:
Tier 1 - Utilization the PawSwap Service: $6.99
Tier 2 – No Cost - Friends of Furry Animals – If you are only interested in keeping a pet from time to time, but not swapping. Hassle free, occasional pet ownership.
Please Note:
A client will be charged for pet boarding at regular price if the client cancels their membership prior to providing a “swap” that will cover the costs to PetSwap. The cost that a member will be charged upon cancellation – IF they have a pet-sitting debt is $72 per night. The member can only go up to 2 nights in debt, for a total of $144.
A client may only go two days in “debt” with their PawPoints – The client will be charged for PawPoints to cover any additional days. The “debt” of 2 days is allowed for a member to have someone to sit for their pet, BEFORE they have had a chance to host a Pet and earn PawPoints. If additional days are needed, the member is required to purchase PawPoints in advance.
PawPoints Information:
Perspective:
Average costs to board a pet per night ranges from $45 - $75 $72 per night fee average = $3.00/hour $2.50/hour = 5 PawPoints ($60/hr cheaper than the average pet lodging rate) 24hrs = 120 PawPoints
Redemption at same value – Cash in 120 PawPoints for 24hrs – 1 night of boarding.
If additional PawPoints are needed for additional boarding days – the member can purchase PawPoints in advance and avoid this surcharge fee. This is NOT the desired way of achieving PawPoints – PawPoints purchased will be $2.50 = 5 PawPoints ($60/24 hr).
To establish a membership – client enters in the calendar dates (at least 14 days and all 14 days can be consecutive or client can choose 7 days in one location and 7 days in a different location – Different location must be within the 4 months of the first 7 day pet lodging).
If needed, an optional entry can be entered to request a pet sitter. This option will credit PawPoints to client’s account based on the forecasted pet sitting dates requested on the calendar.
Please note, the calendar requires the client to always have 14 days available within a 4-month period. (If
client’s 7 open days have lapsed – then a prompt to add another 7 days will appear).
Appendix B
PawSwap Services & Payments
The PawSwap Services
The PawSwap will provide its members a service to search for an available pet’s host in the given area accessible within a reasonable amount of time. For service to be viable each member shall agree to host a pet or pets free of charge for at least 14 days within a 4- month period. These 14 days can be split in 7 consecutive days plus any number of nonconsecutive days totaling at least 14 or more days. The calendar shall be regularly updated to keep current at least 3 times per year.
The use of Potential PawPoints
The Potential PawPoints will be added to your account immediately after completing the calendar and pet sitting details. You can use 2 days (240 PawPoints maximum) of these Potential PawPoints to drop your pet with the available host in the area even before ccumulating Earned PawPoints. However, if you used Potential PawPoints without accumulating Earned PawPoints within a 2-month period of the last use of service, the PawSwap will charge your billing method the amount calculated based on the $72 per every 24 hours rate presented in the Appendix A. Likewise, if you used Potential PawPoints without accumulating any Earned PawPoints and decided to cancel the subscription to the PawSwap service, the used Potential PawPoints will be converted to cash based on the $72 per every 24 hours rate as per Appendix A and the amount calculated will be charged to the billing method selected at registration. To avoid charges, you should accumulate an equal amount of Earned PawPoints by hosting pets of the PawSwap community that has been used in Potential PawPoints.
The use of Earned PawPoints
You accumulate Earned PawPoints by three different methods:
Hosting a pets will earn you 120 PawPoints for every 24 hours of pet sitting You can buy PawPoints at the rate outlined in the Appendix A You can receive PawPoints from your friends and family or from PawSwap as a gift in a promotional or other campaigns approved by PawSwap
You can pay with Earned Points for your pet sitting needs. However, the Earned PawPoints will be available for use in payments for other services or goods provided by the PawSwap community member businesses. You can send your Earned PawPoints to your family and friends.
PawSwap Automated Recurring Payments
For the services provided, the PawSwap will charge automatically the subscription fees described in the Appendix A using selected at the registration billing method. You should have a right to cancel subscription at any time as per the terms of this service agreement.
