Terms of Use
1. Acceptance of Terms
These Terms of Use ("Terms") govern your access to and use of the services offered by Pet Media, Inc. (the "Pet Media", "We", "Our") through our platforms, or any other affiliated platforms, including NextDayPets.com and Pawrade.com (collectively, the "Platform").
By using the Platform, you (the "Seller", "You", "Your") agree to be bound by these Terms. If you disagree with any part of these Terms, you may not use the Platform.
Parties: The parties to these Terms are Pet Media and Seller.
Seller Focus: These Terms specifically apply to Sellers using the Platform to list and rehome pets.
Conflicting Terms: In the event of any conflict between these Terms and any other general terms and conditions or policies of Pet Media, the provisions of these Terms shall control, specifically as they relate to your activities as a Seller on the Platform.
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2. Platform and Services
The Platform provides a Service to Sellers, which is an online marketplace for listing pets for sale. Listings may be accessible to potential buyers on both websites. We facilitate connections between Buyers and Sellers by displaying pet listings and allowing communication functionalities through the Platform. The Service does not include direct involvement in transactions between Buyers and Sellers or any responsibility for the sale process or payment arrangements. As the Seller of record, you retain full control over posting pets on the Platform, interviewing potential buyers, and managing reservations.
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3. General Guidelines
Profile Information: Sellers should strive to provide accurate and complete information about themselves or their kennel within their profile. This information can be valuable to potential buyers.
Prohibited Conduct:
Content: Sellers must refrain from using illegal, obscene, profane, or racist language or images in any part of their profile or listings.
Fees and Payments: All fees must be paid on time to avoid penalties, including suspension of listing privileges or account termination.
Platform Integrity: Sellers must not engage in activities that circumvent fees or manipulate the Platform, listing pets at artificially low prices, or communicating with Buyers outside the Platform.
Accuracy: All profile and listing information must be accurate, complete, and truthful.
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. PET MEDIA 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: PET MEDIA 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: PET MEDIA 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: PET MEDIA 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 PET MEDIA 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: PET MEDIA 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 PET MEDIA OR THROUGH THE SERVICE DOES NOT CREATE ANY WARRANTY OR REPRESENTATION AND IS PROVIDED SOLELY FOR EDUCATIONAL PURPOSES. PET MEDIA DISCLAIMS ANY LIABILITY FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION OR ADVICE.
12.7 No Guarantees of Transaction Outcomes: PET MEDIA 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 PET MEDIA, OUR OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY 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 TO PET MEDIA FOR THE SERVICE GIVING RISE TO THE CLAIM.
14. Seller Responsibilities
14.1 Seller Responsibilities: The Seller is solely responsible for the pets listed for sale, ensuring compliance with laws and the accuracy of information provided. The Seller warrants the accuracy of all pet information provided to Pet Media, holds full legal ownership and title to the pet, ensures the pet's good health and freedom from contagious diseases, complies with all applicable laws and regulations and provides accurate shipping or delivery information promptly. Sellers must prioritize the Buyer experience. This includes treating Buyers with respect, responding to inquiries promptly, and fulfilling transaction obligations as agreed.
14.2 No Physical Possession or Inspection: Pet Media does not take physical possession or inspect pets and makes no warranties regarding their condition, suitability, or fitness.
14.3 No Liability for Damages: Pet Media is not liable for damages, claims, or losses arising from transactions facilitated through the Service.
14.4 Dispute Resolution: Disputes between the Seller and Buyer must be resolved directly between the Seller and Buyer. Pet Media is not responsible for resolving such disputes or related damages.
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14.5 Compliance with Program Policies: Seller must adhere to all policies provided at https://www.petmedia.com/breeder-policies (collectively, "Policies"), which are fully incorporated into these Terms. These Policies are designed to complement the Terms outlined herein and should not be interpreted as conflicting or contradictory.
14.6 Quality Review for Marketing Purposes: Listings will be reviewed for marketing purposes, including suggesting engaging descriptions, improving grammatical accuracy, recommending pricing adjustments, ensuring the removal of any contact information, and verifying that pictures and videos meet quality standards. This review is for marketing purposes only and does not transfer any responsibility for the content, accuracy, or completeness of the listings to Pet Media. Sellers retain full responsibility for all listing information and must ensure it is accurate and compliant with all applicable laws.
14.7 PETFAX™ Use Restriction: The Seller may not use the PETFAX™ Veterinarian Health Report for personal benefit. This report may only be used in conjunction with Transactions conducted through the Platform. Sellers are prohibited from using PETFAX™ for personal sales outside of the Platform. PETFAX™ is a trademark of Pet Media, Inc.
15. Indemnification
SELLERS SHALL INDEMNIFY, DEFEND, AND HOLD HARMLESS PET MEDIA, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, 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 these Terms or the transactions contemplated herein, you agree to submit the dispute to the federal or state courts in Berkeley County, South Carolina. You irrevocably consent to the exclusive jurisdiction of these courts for such purposes and waive any right to contest the venue in these courts based on the notion of Inconvenient Forum. Under these Terms, you also waive your right to bring an action in any other court or tribunal.
16.2 Release: You hereby release, waive, and forever discharge Pet Media, its officers, directors, employees, agents, successors, and assigns from any and all claims, demands, and damages (actual and consequential), liabilities, costs, and expenses of any kind, whether known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with:
- Disputes between you and other users of the Platform.
- Your use of the Platform or reliance on any information contained therein.
- Any harm, loss, or damage of any kind, including but not limited to, personal injury, property damage, or emotional distress, arising out of or in connection with your use of the Platform or any transactions conducted through the Platform.
If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
16.3 Dispute Assistance: Pet Media is not obligated to assist in the resolution of disputes between buyers and sellers. Any attempt to resolve a dispute by Pet Media will be at its sole discretion and based solely on its policies. Pet Media will not make judgments regarding legal issues or claims.
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 these Terms 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 these Terms, you consent to receive all communications, agreements, documents, notices, and disclosures ("Communications") electronically. This includes:
- Agreements and policies, such as these Terms 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 Platform. Your electronic signature is legally equivalent to a manual signature.
19. Electronic Signature Disclosure and Consent
By accepting these Terms, you consent that your use of a keypad, trackpad, mouse, or other device to select an item, button, icon, or similar action on Pet Media’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 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. Force Majeure – Definition and Impact
Pet Media shall not be deemed in breach of these Terms or otherwise liable to you due to delay in performance, under-performance, or nonperformance of any of its obligations under these Terms to the extent that any such delay, under-performance, or nonperformance is due to any Force Majeure. Force Majeure means any circumstances beyond our reasonable control, including but not limited to acts of God or nature, war, curtailment or interruption of transportation facilities, strikes, labor disputes or the imminent threat thereof, threats or acts of terrorism or similar acts, disease, quarantine, global health emergencies, viruses, epidemics, pandemics, travel restrictions or limitations or cancellations, veterinarian appointments, non-passing veterinarian health check-ups imposing delays, government or regulatory actions, significant change in economic conditions, mandatory office and business closures, full and partial lockdowns of cities, towns, and other areas, governmental or international agency travel advisory or warning; corporate travel restrictions, widespread public fear and panic that impacts travel, civil disturbance, third-party partners' cancellation or inability or refusal to fulfill service as agreed to with Seller, or any other event or circumstances beyond Seller's control, whether similar or dissimilar, which, in Seller's or Pet Media's reasonable and sole judgment, would tend to make it commercially impracticable (from a safety, health, logistical, economic, or financial standpoint), inadvisable, complex or onerous, illegal or impossible for Seller or its partners to perform their obligations under these Terms or have a significant adverse impact on Seller.
22. Termination
22.1 Termination by Pet Media: Pet Media may terminate these Terms at any time and for any reason, with or without cause, effective immediately upon written notice to the Seller.
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22.2 Seller’s Default: Pet Media may temporarily suspend the Seller’s account upon written notice to the Seller if the Seller materially breaches these Terms. The Seller shall have two [2] days to cure such breach. If the breach is not cured within the specified period, Pet Media may terminate these Terms without further notice.
23. Breach
Any failure by either party to perform its obligations under these Terms shall be deemed a breach. A material breach is a breach that substantially impairs the ability of the other party to enjoy the benefits of these Terms. In the event of a material breach, the non-breaching party may, in addition to any other remedies available at law or in equity, suspend or terminate these Terms per Section 22.1 and Section 22.2.
24. Notices
Except as explicitly stated otherwise, any notices shall be given by postal mail to Pet Media, Inc.; Attn: Legal Department; 186 Seven Farms Dr #249, Charleston, SC 29492 (in the case of Pet Media, Inc.) or, in Your case, to the most recent email address You provide to Pet Media, Inc. (either during the registration process or when Your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Pet Media, Inc. may give You notice by certified mail, postage prepaid and return receipt requested, to the address provided to Pet Media, Inc. In such a case, notice shall be deemed given three days after the date of mailing.
25. Errors/Omissions
The Seller warrants the accuracy of all pet information provided to Pet Media. The Seller understands and agrees that Pet Media is not responsible for any errors or omissions in the pet information listed on the Platform. The Seller agrees to indemnify and hold harmless Pet Media from any claims, damages, or liabilities arising from inaccuracies in the pet information provided.
26. Governing Law and General Information
26.1 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.
26.2 Waiver: The failure of Pet Media 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.
26.3 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.
26.4 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.
26.5 Mutual Non-Disparagement: No party hereto shall, and no party shall permit any of its Representatives to, make any public statement that constitutes or would reasonably be expected to constitute an ad hominem attack on or otherwise disparages any other party, any other party’s current or former directors, officers, partners or employees (including with respect to such persons’ service at the other party), any other party’s subsidiaries, or any other party’s subsidiaries’ business or any of its or its subsidiaries’ current or former directors, officers, partners or employees, including the business and current or former directors, officers, partners and employees of such other party’s Affiliates, as applicable. The restrictions in this Section 25.5 shall not (i) apply (A) in any compelled testimony or production of information, whether by legal process, subpoena or as part of a response to a request for information from any governmental or regulatory authority with jurisdiction over the party from whom information is sought, in each case, to the extent required, or (B) to any disclosure required by applicable law, rules or regulations; or (ii) prohibit any person from reporting possible violations of federal law or regulation to any governmental authority pursuant to Section 21F of the Exchange Act or Rule 21F promulgated thereunder.
26.6 Relationship Disclaimer: The relationship between the Parties is solely that of independent contractors. Neither party is the agent or representative of the other. These Terms does not create a partnership, joint venture, agency, employment, or franchisor-franchisee relationship between the Parties. Neither party has the authority to bind the other to any contract, obligation, or liability. There is no confidential, fiduciary, contractually implied, or other relationship created between the Parties other than as stated in these Terms.
26.7 No Duress: The Seller agrees and acknowledges that it is freely and voluntarily entering into these Terms under no pressure or duress of any kind, from any party or person, regardless of whether they are a signatory hereto. The Seller agrees and acknowledges it has been given reasonable opportunity to review these Terms before entering into them. The Seller further agrees and acknowledges the right to legal counsel review before entering into these Terms.
26.8 Platform Information: All information found on pages within the Platform is for educational purposes only and is intended as a supplement to, rather than a substitute for, the expertise and professional judgment of your veterinarian. The information is not intended to be used for diagnosing or treating your pet. Always consult your veterinarian for specific advice regarding your pet's health. The information provided does not cover all possible uses, directions, precautions, warnings, allergic reactions, drug interactions, or adverse effects. It should not be construed as medical advice and does not replace the need for a veterinary examination.
26.9 Entire Agreement: These Terms constitute the entire agreement between you and Pet Media regarding your use of the Service and supersede any prior agreements or understandings, whether written or oral, between You and Pet Media. 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.