1. Acceptance of Terms

By using the services provided by Pet Media, Inc. ("Company,” “We,” “Our”) through NextDayPets.com or any other affiliated platforms, including Pawrade.com, you ("Seller,” “You”, “Your”) agree to abide by these Terms of Use ("Terms", "Agreement"). If you do not agree with these Terms, you should not use our services.

2. Service Description

Our platform offers a marketplace where Sellers can list pets for sale. Listings appear on NextDayPets.com and are accessible via Pawrade.com. We facilitate connections between Buyers and Sellers but do not engage directly in transactions. As the Seller of record, you have full control over posting pets, interviewing Buyers, and managing reservations.

3. General Guidelines

Profile Information: Sellers are encouraged to provide accurate information about themselves and/or their kennel in their Profile. Buyers are interested in this information.

Prohibited Conduct:

Do not make illegal use of photographs or written text, and avoid using mature, profane, or racist language or images.
 
Pay any fees on time to avoid penalties, including suspension of listing privileges and/or account termination.
 
Do not engage in any activity to avoid added penalties or fees, including but not limited to completing transactions off-PetPay, listing pets below their intended purchase price, or canceling valid transactions.

Ensure all profile and listing information is accurate, complete, and truthful.

Understand that buyers are direct customers of the Service.

4. Listing Responsibilities

Sellers are solely responsible for the accuracy and completeness of all information provided and posted in advertisements. This includes ensuring that all details about the pet are truthful and up-to-date.

Accuracy: Listings must be clear, accurate, truthful, complete, and detailed, with unique photos, videos, nicknames, and descriptions.

Single Pet Listings: Each listing must be for a single pet that is available for purchase.

Pet Availability: Pets must be able to travel to their new homes within 60 calendar days from the date listed.

Unique Identifiers: Each pet must have a unique NickName and photos that are not used in other advertising.

Pricing: Listing prices must be competitive and exclude associated marketing costs. Listings should not be created with inaccurate prices to prevent sales.

Disclosure: Do not disclose the breakdown of pricing to the buyer, and avoid using the Service solely for advertisements or stud services.

Direct Sales: Avoid selling directly to Service Buyers or circumventing the Service in any manner.

Updates: Keep your contact information up-to-date and notify us immediately when a pet is sold.

Advertising: You may advertise pets on classified sites or your own website, provided it does not conflict with these Terms.

5. Code of Ethics

Communication: Use the Message Center or Scheduled Calls for buyer communication until delivery.

Direct Contact: Do not contact or attempt to sell to any Customer or Buyer of the Service directly.

Information Provision: Supply all requested information to complete a transaction in a timely manner.

Health Records: Provide buyers with appropriate health certificates, vaccination records, and registration information within 24 hours of delivery.

Puppy Age and Weight: Do not release puppies before 8 weeks old or under 2 pounds before 12 weeks old.

Criminal History: Confirm that you have no criminal convictions or investigations related to animal cruelty or negligence.

6. Health Guarantee

Unconditional Guarantee: Adhere to the PetPay Health Guarantee for the first 12 months from delivery. This includes providing options for refunds, exchanges, or reimbursements for veterinary costs if issues are discovered.

7. Vaccinations and Health Requirements

Requirements: Ensure all pets are up-to-date on vaccinations and dewormers per AAHA standards before shipping.

Pre-Shipping: Complete vaccinations and dewormers at least three days prior to shipping. Administer additional treatments as necessary.

Fecal Exam: Conduct a fecal floatation exam and treat any abnormalities before shipping.

Minimum Age and Weight: Follow guidelines for minimum age and weight before releasing puppies.

8. Health Certificate

Certificate: Obtain a current official certificate of veterinary inspection for each puppy, including detailed health records and proof of vaccinations.

Compliance: Ensure the certificate meets airline shipping obligations and applicable laws.

9. Registration Certificate

Registration Papers: Provide registration numbers and papers for purebred parents within 7 calendar days of delivery. Failure to do so may result in liquidated damages equivalent to the purchase price paid by the Buyer.

10. Shipping/Transport Requirement

Shipping: Ship the puppy to the Buyer, or meet at a mutually agreeable location if applicable. Provide a 14-day window for delivery at no additional cost. This 14-day period begins when the pet is deemed of age and ready to go to its new home, has passed the veterinary exam, and is confirmed healthy and fit for travel. If any of these conditions are not met, the 14-day period will be reset and extended from the date all conditions are satisfied.

11. Third-Party Transport Services and Liability Terms

11.1 Third-Party Transport Disclaimer: We do not provide transport services directly. Transport services are provided by third-party providers. We only facilitate access to these services and do not endorse any specific providers.

11.2 Disclaimer of Liability: We disclaim any liability for claims, losses, or damages arising from your engagement with third-party transport providers. 

11.3 Acknowledgment of Risks: You accept the risks associated with transporting pets, including potential delays, and health and financial risks.

11.4 No Physical Possession: We do not take physical possession of the pets and do not conduct physical inspections.

12. Disclaimer of Warranties

12.1 General Disclaimer: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES REGARDING THE FITNESS OR ABILITY OF BUYERS TO TRANSACT OR ENGAGE IN PET SALES.

12.2 Service Performance: THE COMPANY MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

12.3 Buyer Fitness and Ability: THE COMPANY MAKES NO WARRANTY REGARDING THE FITNESS, ABILITY, OR CAPACITY OF BUYERS TO ENGAGE IN TRANSACTIONS INVOLVING PET SALES, OR THE VALIDITY OF ANY THIRD PARTY AGREEMENTS, PROMISES, OR COMMUNICATIONS.

12.4 Pet Sales: THE COMPANY MAKES NO WARRANTY REGARDING THE HEALTH, QUALITY, LEGALITY, OR SUITABILITY OF ANY PET SOLD OR PURCHASED THROUGH THE SERVICE. ALL PET SALES ARE CONDUCTED DIRECTLY BETWEEN BUYERS AND SELLERS, AND THE COMPANY IS NOT LIABLE FOR ANY CLAIMS RELATED TO SUCH TRANSACTIONS, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO THE HEALTH, BEHAVIOR, OR LEGAL STATUS OF THE PET.

12.5 Third-Party Services: THE COMPANY MAKES NO WARRANTY REGARDING ANY THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO TRANSPORTATION SERVICES, VETERINARY SERVICES, THIRD-PARTY FINANCING, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH THE SERVICE. ANY ISSUES ARISING FROM SUCH THIRD-PARTY SERVICES MUST BE ADDRESSED DIRECTLY WITH THE RESPECTIVE SERVICE PROVIDER.

12.6 Limitation of Information: ANY INFORMATION OR ADVICE PROVIDED BY THE COMPANY OR THROUGH THE SERVICE DOES NOT CREATE ANY WARRANTY OR REPRESENTATION AND IS PROVIDED SOLELY FOR EDUCATIONAL PURPOSES. THE COMPANY DISCLAIMS ANY LIABILITY FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION OR ADVICE.

12.7 No Guarantees of Transaction Outcomes: THE COMPANY DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SUCCESSFUL SALE OR PURCHASE OF PETS, THE SATISFACTION OF ANY PARTY TO A TRANSACTION, OR THE LONG-TERM HEALTH OR BEHAVIOR OF ANY PET.

13. Limitation of Liability

13.1 General Limitation: IN NO EVENT SHALL THE COMPANY, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF THE SERVICE OR ANY OTHER MATTER RELATED TO THE SERVICE.

13.2 Maximum Liability: OUR MAXIMUM LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICE GIVING RISE TO THE CLAIM. FOR CLARITY, THIS AMOUNT EXCLUDES ANY MARKUP APPLIED TO THE LISTING PRICE AS PART OF A SALE, WHICH REPRESENTS THE COMPANY’S FEES FOR THE SERVICE AND WORK TO OFFSET EXPENSES. SUCH FEES ARE PAID BY THE BUYER, NOT THE SELLER.

14. Seller Responsibilities and Limitations of Liability

14.1 Seller Responsibilities: The Seller is solely responsible for the pets listed for sale, ensuring compliance with laws and accuracy of information provided.

14.2 No Physical Possession or Inspection: Pet Media, Inc. does not take physical possession or inspect pets and makes no warranties regarding their condition or suitability.

14.3 No Liability for Damages: Pet Media, Inc. is not liable for damages, claims, or losses arising from transactions facilitated through the Service.

14.4 Dispute Resolution: Disputes between Sellers and Buyers must be resolved directly between the parties. Pet Media, Inc. is not responsible for resolving such disputes or related damages.

15. Indemnification

SELLERS SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS PET MEDIA, INC., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES ARISING OUT OF OR IN CONNECTION WITH THE SALE OF PETS, INCLUDING BUT NOT LIMITED TO:

(i) Claims Arising from Breaches of These Terms: Any breach of these Terms by the Seller, including inaccuracies in listings and legal issues related to pet sales.
(ii) Claims Related to the Condition or Health of Pets Sold: Any claims related to the health, condition, or quality of the pets sold through the Service.
(iii) Claims Resulting from Disputes Between Buyers and Sellers: Any disputes or claims arising between buyers and sellers, including those related to misrepresentation, transportation issues, or other sale-related matters.
(iv) Claims Related to Transport: Any claims, damages, liabilities, or expenses arising from third-party transport, including but not limited to: the health and safety of the pet during transport, physical injuries or personal injuries caused by the pet during transport, damage to property during transport, financial risks associated with veterinary care during transport, and the loss of the pet during transport.
(v) Claims Related to Dog Bites or Physical Injuries: Any claims, damages, liabilities, or expenses arising from dog bites, physical injuries, or personal injuries caused by the pet sold.
(vi) Claims Related to Personal Property Damages: Any claims, damages, liabilities, or expenses related to damage to personal property caused by the pet sold.
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16. Resolution of Disputes and Release

16.1 Dispute Resolution: In the event of any dispute arising from or relating to this Agreement or the transactions contemplated herein, you agree to submit the dispute to the federal or state courts in Berkeley County, South Carolina. You hereby irrevocably consent to the exclusive jurisdiction of those courts for such purposes and waive any right to contest venue in such courts based on notions of inconvenient forum. Under this Agreement, you waive your right to bring an action in any other court or tribunal.

16.2 Release: You release the Company, its officers, directors, agents, subsidiaries, joint ventures, and employees from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes between buyers and sellers.

16.3 Dispute Assistance: The Company is not obligated to assist in the resolution of disputes between buyers and sellers. Any attempt to resolve a dispute by the Company will be at its sole discretion and based solely on its policies. The Company will not make judgments regarding legal issues or claims and will not provide dispute resolution services if the disputing parties do not purchase such services from the Company.

17. Class Action Waiver and Legal Fees

READ THIS CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

You hereby waive, with respect to any dispute: (i) the right to participate in a class action, private attorney general action, or other representative action in court, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person.

The prevailing party in any dispute, claim, action, or proceeding between the parties arising out of or relating to the terms and conditions of this Agreement or any provision thereof (a “Dispute”) shall be entitled to recover reasonable attorney's fees and expenses incurred in connection with such Dispute.

18. E-Sign Disclosure and Consent

By accepting this Agreement, you consent to receive all communications, agreements, documents, notices, and disclosures ("Communications") electronically. This includes:

- Agreements and policies, such as this Agreement and our Privacy Policy, including updates.
- Annual disclosures.
- Transaction receipts or confirmations.
- Communications regarding delinquent accounts (which may also be by phone, including by third-party collection agents).
- Account statements and history.
- Federal and state tax statements.

Communications will be sent to the primary email address listed in your Account or provided through a link or instructions to access them on a website. Communications are considered received within 24 hours of emailing or posting on our Website. Your electronic signature is legally equivalent to a manual signature.

19. Electronic Signature Disclosure and Consent

By accepting this Agreement, you consent that your use of a keypad, trackpad, mouse, or other device to select an item, button, icon, or similar action on the Company’s electronic services, or to access or execute any document, agreement, or transaction, constitutes your electronic signature. This electronic signature is legally binding and has the same effect as a manual signature. No third-party verification is required to validate your electronic signature, and its enforceability is not affected by the lack of such verification.

20. Modifications to Terms

20.1 Changes: Pet Media, Inc. reserves the right to modify these Terms at any time. Changes will be effective when posted on the Site. Continued use of the Service constitutes acceptance of the revised Terms.

21. Contact Information

For questions or concerns regarding these Terms, please contact:
Pet Media, Inc.
Attn: Legal Department
186 Seven Farms Dr #249
Charleston, SC 29492

22. Governing Law and General Information

22.1 Governing Law: These Terms and your use of the Service shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be exclusively subject to the personal and exclusive jurisdiction of the courts located within the State of South Carolina, U.S.A. You consent to the jurisdiction of such courts and waive any objections based on venue or forum non conveniens.

22.2 Waiver: The failure of the Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

22.3 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The parties agree that the court should endeavor to give effect to the parties' intentions as reflected in the invalid, illegal, or unenforceable provision, and the other provisions will remain in full force and effect.

22.4 Statute of Limitations: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

22.5 Website Information: All information found on pages within this website is for educational purposes only and is intended to be a supplement to, and not a substitute for, the expertise and professional judgment of your veterinarian. The information is not to be used for the diagnosis or treatment of your pet. Always consult your veterinarian for specific advice concerning the treatment of your pet. The information provided is not intended to cover all possible uses, directions, precautions, warnings, allergic reactions, drug interactions, or adverse effects. It should not be construed to indicate that use of a particular drug or treatment is safe, appropriate, or effective for your pet. It is not a substitute for a veterinary exam and does not replace the need for services provided by a veterinarian.

22.6 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral, between you and the Company. You may be subject to additional terms and conditions that may apply when you use services provided by PetPay, Inc., affiliate services, third-party content, or third-party software.