Agreement between User and http://www.missingpetpartnership.org
Last Updated: March 12, 2015
Welcome to http://www.missingpetpartnership.org. The http://www.missingpetpartnership.org website as well as any redirected domains including http://pethunters.com and http://lostapet.org (the “Site”) is comprised of various web pages operated by Missing Pet Partnership (incorporated as LOST-A-PET Foundation, Inc) hereafter referred to as “MPP.” http://www.missingpetpartnership.org and its Services (described below) are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Any and all visitors to our site, despite whether they are registered or not, shall be deemed as “Users” of the Site for the purpose of these Terms. Once an individual registers for our Services, through the process of creating an account, the user shall then be considered a “Registered User.”
For purposes of these Terms, the “Site” shall mean http://www.missingpetpartnership.org (and affiliated domains), and the “Services” shall mean any of the various services that MPP provides through the Site or any other channels, including over the telephone. However, these Terms do not apply to third party entities that may use the MPP Site or Services including volunteers and pet detectives listed in the MPP Pet Detective Directory. Certain MPP Services are subject to additional policies, rules and terms and conditions, which are set forth in the printed or online Service materials relating to those Services (“Additional Terms”).
1. Description of Services; Limitations; User Responsibilities
1.1. About Our Services
MPP offers information and Services to assist in the recovery of missing pets. These include:
- Information on lost pet behavior and recovery techniques on the website and through social media including Facebook and Twitter.
- Lost pet phone consultations through our Lost Pet Consultant Program.
- Access to a “Pet Detective” directory of volunteer and for-profit Missing Animal Response Technicians that have completed the MPP Missing Animal Response Technician training or a similar training provided by Kat Albrecht, founder of MPP.
1.2. Limitations of our Services
We offer a variety of Services to help our users find information and assistance to help locate their missing pets. However, we do not employ any Missing Animal Response Technicians, Lost Pet Consultants or Pet Detectives (hereafter referred to as “MAR techs”).
Further, we do not have control over the quality, timing, or legality of the services actually delivered by MAR techs, nor of their integrity or responsibility. We do not refer or recommend MAR techs nor do we make any representations about the suitability, reliability, timeliness, and accuracy of the services provided by them.
The content in the Pet Detective Directory is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. MPP does not assume any responsibility for the accuracy or reliability of any information provided by MAR techs on or off this Site.
MPP is not responsible for the conduct, whether online or offline, of any MAR tech or other user of the Site or Services. Moreover, MPP does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users hereby expressly agree not to hold MPP (or MPP’s officers, directors, other affiliates, successors, assignees, agents, representatives, advertisers, marketing partners, licensors, volunteers or independent contractors) liable for the actions or inactions of any MAR tech or other third party or for any information, instruction, advice or services which originated through the Site, and, to the maximum extent permissible under applicable law MPP and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown there from.
1.3. User Responsibilities
Any screening by MPP of MAR tech listings in the Pet Detective Directory is limited and should not be taken as complete, accurate, up-to-date or conclusive of the individual’s or entity’s suitability to provide information of services to locate a missing pet. Users are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate MAR tech. Please read the Warning for information on avoiding scams and selecting a MAR tech.
2. Eligibility to Use the Site and Services; Representations and Warranties
To be eligible to use our Services, you must meet the following criteria:
- MPP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.missingpetpartnership.org only with permission of a parent or guardian.
- Neither you nor any member of your household may have ever been (i) the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, or (ii) registered, or currently required to register, as a sex offender with any government entity.
2.2. Representations and Warranties
By requesting to use, registering to use and/or using the Site or the Services, you represent and warrant that you have the right, authority and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.
In addition, you represent and warrant that you and each member of your household (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any felony, any criminal offense involving violence, abuse, neglect, fraud or larceny, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.
3. Rules for User Conduct and Use of Services
3.1. Registration, Posting, and Content Restrictions
The following rules pertain to “Content”, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through MPP’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles that you publish or display (hereinafter, “post”). By transmitting and submitting any Content while using our Service, you agree, represent and warrant as follows:
- You are responsible for providing accurate, current and complete information in connection with your registration for use of the Site and the Services.
- You will register your account in your own legal name.
- You are solely responsible for any Content that you post on the Site, or transmit to other users of the Site. You will not post on the Site, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any Content emanates from MPP where this is not the case. You will not provide inaccurate, misleading, defamatory or false information to MPP or to any other user of the Site, and all opinions stated as part of Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others, including without limitation that you have authorization from a parent or guardian of any minor who is the subject of any Content you post to post such Content.
- You understand and agree that MPP may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of MPP violates these Terms or which MPP determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users of the Site or others.
- Your use of the Service, including but not limited to the Content you post on the Service, must be in accordance with any and all applicable laws and regulations.
- MPP is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by users of the Site.
Opinions, advice, statements, offers, or other information or content made available on the Site or through the Service, but not directly by MPP, are those of their respective authors. Such authors are solely responsible for such content. MPP does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Site or available through the Service, or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Site or through the Service. Under no circumstances will MPP or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on the Site or transmitted to or by any user of the Site or Service; or b) reviews or comments made about you on the Site by other users.
To the maximum extent permitted by law, MPP disclaims any liability whatsoever for any misstatements and/or misrepresentations made by any users of the site. Users do hereby represent, understand and agree to hold MPP harmless for any misstatements and/or misrepresentations made by or on behalf of them on this site or in any other venue.
3.2. Exclusive Use
If you are a MAR tech, you may use your account only to find jobs for yourself. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other person or entity.
3.3. Prohibited Uses
By using the Site or Services of MPP, you agree that you will not under any circumstances:
- use the Site, Services, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the Site or Services for any unlawful purpose, for any purpose not expressly intended by MPP or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s MPP account;
- provide false or inaccurate information when registering an account on MPP, using the Services or communicating with other Registered Users;
- attempt to re-register with MPP if we have terminated your account for any or no reason or terminate your registration;
- interfere or attempt to interfere with the proper functioning of MPP’s Services;
- make any automated use of the system, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- use the communication systems provided by or contacts made on MPP for any commercial solicitation purposes;
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
Should MPP find that you violated the terms of this Section or any terms stated herein, MPP reserves the right, at its sole discretion, to immediately terminate your use of the Site and Services. By using the Site and/or Services, you agree that MPP may assess, and you will be obligated to pay, a $10,000 penalty for “scraping” (extracting large amounts of information from a website), either in a manual or automatic manner, MAR tech information, including but not limited to, names, addresses, phone numbers, or email addresses, copying copyrighted text, or otherwise mis-using or mis-appropriating Site content, including but not limited to, use on a “mirrored”, competitive, or third party site. This fee shall be in addition to any other rights MPP may have under these Terms or applicable law.
Further, in order to protect the integrity of the Site and the Services, MPP reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Site.
4. Termination of Registration
Should MPP determine that you are not eligible to use the Services, have violated any terms stated herein or in any of the Additional Terms, are not suitable for participation as a Registered User, or have mis-used or mis-appropriated Site content, including but not limited to use on a “mirrored”, competitive, or third party site, MPP reserves the right, at its sole discretion, to immediately terminate your access to all or part of the MPP Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in MPP, with or without notice.
In any event, MPP also reserves the right, in its sole discretion, to terminate your access to all or part of the MPP Site, to remove your profile and/or any content posted by or about you from the Site, and/or to terminate your registration in MPP, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.
Our decision to terminate an individual’s registration should not be interpreted or used as information bearing on, the individual’s character, general reputation, personal characteristics, or mode of living.
6. Links to External Sites
Links from the Site to external sites or inclusion of advertisements do not constitute an endorsement by MPP of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience.
Users access them at their own risk. It is the responsibility of the user to evaluate the content and usefulness of the information obtained from other sites. MPP does not control such sites, and is not responsible for their content. Just because MPP has hyperlinks to such sites does not mean that MPP endorses any of the material on such sites, or has any association with their operators.
7. Payment And Refund Policy
In order to utilize some MPP Services, the user of such Services must pay MPP either a recurring subscription or one-time fee.
7.1. Billing and Payment
If you sign up for a MPP Pet Detective Directory subscription, you agree to pay MPP all subscription charges associated with the plan you subscribe to as described on the Site at the time you subscribe and provide your payment information. You also authorize MPP to charge your chosen payment provider according to the terms of the plan to which you subscribe. The subscription period and the amount and frequency of the charges will vary depending on the subscription plan you select. MPP reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
7.2. Automatic Subscription Renewal and Cancellation
MPP paid directory listing subscriptions will continue indefinitely until cancelled by the user. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically renew for an additional equivalent period as the subscription term you originally selected and at the subscription rate and frequency disclosed to you on the Site when you originally subscribed, unless otherwise provided at the time you subscribed.
You may cancel your paid directory listing subscription by deleting your directory listing and/or cancelling your PayPal subscription to MPP.
7.3. Refund Policy
Except as set forth below, all payments for services/products are non-refundable and there are no refunds or credits for unused or partially used services/products or service/product cancellations. MPP does not provide refunds or credits under any other circumstances, unless it determines in its sole discretion that a refund or credit is warranted due to extenuating circumstances, such as a duplicate account.
8. Release of Liability for Conduct and Disputes
We are not an employer of MAR techs. Users may seek the services of a MAR tech through the use of the Site or Services, and MAR techs may post profiles regarding their services. Any issues concerning the conduct of a user or MAR tech including, without limitation, the services received by the user or payment due to the MAR tech, must be resolved directly by the user and the MAR tech. MPP will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Site or our Services, you do hereby represent, understand, and expressly agree to hold MPP harmless for any claim or controversy that may arise from any disputes between you and any MAR tech or other user(s) of the Site. You agree to take reasonable precautions in all interactions with all MAR techs or other users of the Site or the Services, particularly if you decide to meet offline. In addition, you agree to visit MPP’s Warning prior to using the Service. By using the Site or the Services, you do hereby agree to report any alleged improprieties by any users therein to MPP immediately by notifying MPP of the same via electronic correspondence.
9. Age Restrictions
MPP does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use http://www.missingpetpartnership.org only with permission of a parent or guardian.
We do not assume any responsibility for any misrepresentations regarding your age when using this Site.
10. Disclaimers; Limitations; Waivers; Indemnification
10.1. No Warranty
The information and materials contained on the Site, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Services, but not directly by MPP, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MPP DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN MPP; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, MPP EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY AND DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, MPP MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY USER OF OUR SITE TO PROVIDE SERVICES AS A MAR TECH.
10.2. Assumption of Risk
You assume all risk when using the Site and the Services, including but not limited to all of the risks associated with any online or offline interactions with users of the Site or the Services. You agree to take all necessary precautions, including but not limited to following the recommendations set forth in MPP’s Warning, when interacting with other site visitors or Registered Users.
10.3. Limitation of Liability
Incidental Damages and Aggregate Liability. In no event will MPP be liable for any indirect, special, incidental, or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Site or Services, including without limitation damages related to any information received from the Site or Services, removal of content from the Site, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Site or Services, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if MPP, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL MPP AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU, OR, IF YOU HAVE NOT PAID MPP FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.
No Liability for non-MPP Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL MPP BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE SITE OR SERVICES, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENSES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.
In addition to the preceding paragraphs of this section and other provisions of these Terms, any advice that may be posted on the Site is for informational purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. MPP makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Site. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
11. Copyright Notices/Complaints
It is MPP’s policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act (“DMCA”). If you believe any materials accessible on or from our Site infringe your copyright, you may request removal of those materials (or access thereto) from the Site by contacting MPP’s copyright agent (identified below) and providing the following information:
- Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
- Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
- Your name, address, telephone number and (if available) e-mail address.
- A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
- A statement that the information that you have supplied is accurate, and indicating that “under penalty of perjury,” you are the copyright owner or are authorized to act on the copyright owner’s behalf.
- A signature or the electronic equivalent from the copyright holder or authorized representative.
MPP’s agent for copyright issues relating to this Site is as follows:
Missing Pet Partnership
P.O. Box 3085
Federal Way, WA 98063
All information provided to MPP and its affiliates is owned by or licensed to MPP. MPP and its licensors retain all proprietary rights to the information but will only publicize this information with prior written permission from the author of the information. Except for making one hard copy print of limited portions of the information on an ad hoc basis for personal use, or downloading as expressly authorized by MPP, MPP information may not be reproduced, transmitted or distributed without prior written permission from MPP.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way effect the validity, legality or enforceability of any other term or provision of these Terms. In the event a term or provision is determined to be invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and these Terms shall be enforceable as so modified. Each Affiliate is expressly made a third party beneficiary of this Agreement and may enforce this Agreement directly against you. This Agreement will be binding on and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto.
13. Contact Information
If you have any questions or need further information as to the Site or Services provided by MPP, or need to notify MPP as to any matters relating to the Site or Services please contact MPP at:
Missing Pet Partnership
P.O. Box 3085
Federal Way, WA 98063
Email: use Contact Form