This Agreement includes provisions for binding arbitration on an individual basis – which includes a waiver of a right to a jury trial or a right to file a class action.
1. ZIGGYFETCH’S PLATFORM
ZiggyFetch is a peer-to-peer e-commerce animal platform that allows Vendors to provide animal-related services and/or sell animals and animal-related supplies to Platform users.
Content – All account and Store Profile-related information submitted to the Platform, any and all text, data, software, graphics, and information, images audiovisual combinations or other materials submitted, uploaded, imported, communicated or exchanged through the Platform.
Products – the range of animals and animal-related supplies sold by a Vendor.
Store Profile - The visual display on the Platform of Content provided by Vendors to enable users to view and purchase Products and Vendor Services offered by a Vendor.
User - A third party registered user on the Platform who may purchase Products and/or Vendor Services from Vendors profiled on the Platform.
Vendor - A third party registered user who offers and provides Products and Vendor Services to Users through the Platform.
Vendor Services - The range of instruction and/or services provided by Vendors profiled on the Platform.
3. CREATING AN ACCOUNT
Account Creation: There is no charge to create a user account or open a store on the Platform. To create an account, you must be at least 18 years of age, accept these Terms of Service and provide an email address, and an account password.
Account Security: You are responsible for safeguarding any password created for your account and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions. ZiggyFetch shall not be liable for any loss or damage arising from your failure to keep your password or account secure.
Consent to Receive SMS Messages: By providing your mobile phone number and by opting into mobile phone-based notifications, Users hereby consents to the receipt of notifications via short messages services (“SMS”), which may be subject to fees and costs charged by your cell phone provider. You may opt out by unsubscribing in response to SMS or by changing the message preferences in your Store Profile or on your mobile phone’s Notifications/Settings tab.
4. PLATFORM TRANSACTIONS
ZIGGYFETCH IS NOT A PARTY TO ANY TRANSACTION RELATING TO THE PRODUCTS AND/OR VENDOR SERVICES PROVIDED BY VENDOR THROUGH THE PLATFORM. VENDOR IS, AT ALL TIMES, ACTING ON HIS OWN BEHALF AS AN INDEPENDENT CONTRACTOR, AND NOT AS AN EMPLOYEE OR AGENT OF ZIGGYFETCH.
ZiggyFetch offers only a service through the Platform to facilitate the purchase of Products and/or Vendor Services between Vendors and registered Platform Users.
When a transaction for the purchase of Products and/or Vendor Services is initiated by you on the Platform, you expressly authorize ZiggyFetch and its payment processor to process all transaction-related charges. For Vendor Services, all applicable payments will be processed when Vendor Services have been rendered. Payment disputes shall be handled by the Platform’s payment processor, Stripe, in accordance with its Disputes and Fraud Procedures.
6. VENDOR RESPONSIBILITY
YOU ARE SOLELY RESPONSIBLE FOR VERIFYING a Vendor’s licenses, certifications and/or qualifications to sell any animals or product or provide the Vendor Services before completing any transaction.
Vendors are responsible for complying all applicable laws and licensing requirements pertaining to the sale of Products and/or Vendor Services, including obtaining all applicable permissions to provide the Vendor Services on any public or private, obtaining all necessary insurance arising from or relating to its Vendor Services, and ensuring Users receives the appropriate level of Vendor Services in accordance with all safety and applicable industry-wide standards.
ZiggyFetch shall not be liable for any damages incurred by Vendor, Users or any third party for the Vendor Services purchased through the Platform.
7. USER RESPONSIBILITY - ASSUMPTION OF THE RISK
CERTAIN VENDOR SERVICES OFFERED BY MAY NOT BE SUITABLE FOR ALL USERS AND MAY BE HAZARDOUS OR INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.
You are solely responsible for communicating all physical and other health-related issues or restrictions to the Vendor prior to receiving any Vendor Services.
You, on behalf of his/herself and as the parent or legal guardian of a minor on whose behalf Vendor Services have been arranged, understands and acknowledges that participating in certain activities or receiving certain Vendor Services (the “Activity”), can be HAZARDOUS AND INVOLVE THE RISK OF PHYSICAL INJURY AND/OR DEATH.
Additional known and unknown risks may also result from any rescue, first aid, emergency treatment or services rendered or failed to be rendered for any injuries incurred. You understand and acknowledge that the above examples of risks are not an exhaustive list, given the nature of unknown risks. You understand that the known and unknown risks could result in physical or emotional injury, the extent of which could involve, but is not limited to, paralysis, death, illness, disease, or other damage to you or other third parties, and property. You expressly agree and covenant to accept and assume all risks related to Activity arising from or relating to Vendor Services received. You voluntarily elect to participate in the Activity in spite of these risks.
8. LICENSE TO USE THE SERVICES
ZiggyFetch hereby grants a limited, non-transferable, non-exclusive, revocable license to access and use the Platform and Services during the term of this Agreement.
9. CONTENT LICENSE
User shall retain all rights in any Content uploaded to the Platform. You grant to ZiggyFetch a perpetual, worldwide, non-exclusive, royalty-free right and license to use, copy, display, perform, create derivative works from, distribute, transmit and sublicense all Content in any form, in all media now known or hereinafter created, anywhere in the world, including, but not limited to: (i) publish, distribute and publicly display Content on the Platform, (ii) republish or reuse Content on ZiggyFetch’s social media and related marketing services and materials, and (iii) excerpt Content on the Platform, for any purpose whatsoever, commercial or otherwise. ZiggyFetch may, in its sole discretion, remove or take down any Content for any reason.
10. TERMINATION BY ZIGGYFETCH
ZiggyFetch may temporarily suspend or terminate your account and the Services at any time, if ZiggyFetch:
● Suspects a breach of these Terms of Service;
● Is unable to verify or authenticate account information;
● Believes that you are acting inconsistently with the letter or spirit of ZiggyFetch's policies, have engaged in improper, unlawful or fraudulent activity in connection with the Platform or that your actions may cause legal liability or financial loss to ZiggyFetch;
● Ceases to provide the Services; or
● Believes you are infringing the rights of third parties.
Survival: The following Sections survive termination of these Terms of Service: Content License, Feedback License, Individual Arbitration, User Responsibility, Disclaimers and Exclusions, Indemnification, and Governing Law.
11. PROHIBITED CONDUCT
In your use of the Platform, you may not:
● Post false, inaccurate, misleading, defamatory or harassing content;
● Transfer or sell your account, password and/or identification to any third party;
● Infringe upon any patent, copyright, trademark, trade secret, right of publicity or other third party rights;
● Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
● Post obscene or sexually explicit content;
● Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Platform or its users;
● Modify, adapt or hack the Platform or modify another Platform so as to falsely imply that it is associated with ZiggyFetch;
● Distribute or post spam, unsolicited or bulk electronic communications to Platform users;
● Use any robot, spider, scraper or other automated means to access the Platform for any purpose whatsoever;
● Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Platform’s infrastructure;
● Interfere or attempt to interfere with the proper working of the Platform, its Services or tools; or
● Bypass the Platform’s robot exclusion headers or other measures ZiggyFetch may use to prevent or restrict access to the Platform.
13. FEEDBACK LICENSE
ZiggyFetch welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given. To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to ZiggyFetch in accordance with the following:
Non-Proprietary: ZiggyFetch considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the “Feedback) to be non-confidential and non-proprietary. ZiggyFetch shall not be liable for the disclosure, use or exploitation of such Feedback.
License: You hereby grant and agree to grant ZiggyFetch, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Feedback for any purpose whatsoever, commercial or otherwise, without compensation or accounting.
14. CUSTOMER SERVICE SUPPORT
ZiggyFetch is available by email firstname.lastname@example.org to address any issues you may have regarding your use of the Services. Most concerns can be quickly resolved in this manner.
15. INDIVIDUAL ARBITRATION
EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with ZiggyFetch arising out of or relating to the Platform, Services, Products/Vendor Services purchased through the Platform, and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Any arbitration conducted pursuant to this Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16).
ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY. THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS. YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY. IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE.
The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org. When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: ZiggyFetch, Inc. at 20508 Huckabee Bend, Pflugerville, Texas, 78660.
Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: State of Delaware, United States.
Exception: Small Claims Court Claims. Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction.
Trademarks: ZiggyFetch and its logos are trademarks owned by ZiggyFetch. All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of ZiggyFetch.
Ownership and Use: Unless otherwise stated herein, nothing in these Terms of Service or your use of the Platform gives you a right or license to use any of ZiggyFetch’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights.
17. DMCA - NOTICE OF CLAIMED COPYRIGHT INFRINGEMENT
If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to ZiggyFetch’s Designated Agent, with the following information:
By mail to ZiggyFetch’s DMCA Registered Agent: 20508 Huckabee Bend, Pflugerville, Texas, 78660.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH, THE PLATFORM, SERVICES AND ALL CONTENT OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZIGGYFETCH DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM, ITS SERVICES OR CONTENT (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE. EXCEPT WHERE PROHIBITED BY LAW, ZIGGYFETCH EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE PLATFORM, SERVICES, OR CONTENT OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PLATFORM. ZIGGYFETCH DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE PLATFORM, SERVICES AND/OR CONTENT. ZIGGYFETCH DOES NOT CONTROL USERS’ OR ANY THIRD PARTY SERVICES, PRODUCTS, GOODS, RESOURCES AND INFORMATION ON THE PLATFORM. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH MAKES NO WARRANTIES REGARDING USERS’ OR ANY THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON INFORMATION PROVIDED BY USERS OR OTHER SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES OR INFORMATION. AGGREGATE LIABILITY: IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF ZIGGYFETCH, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS PLATFORM, SERVICES AND/OR CONTENT, EXCEED $50.00. LIMITATION OF LIABILITY: YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, SERVICES AND/OR CONTENT IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ZIGGYFETCH WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE PLATFORM, SERVICES, OR CONTENT, EVEN IF ZIGGYFETCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless ZiggyFetch, and its subsidiaries, affiliates, officers, directors, shareholders, employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service, (ii) arising from, related to, or connected with your use of the Platform and/or Services, and/or (iii) arising from or relating to the Products and/or Vendor Services provided by you to any Users through the Platform.
If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.
Our employees, volunteers or agents are not authorized to vary these Terms of Service. No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of ZiggyFetch or posted on this Platform by ZiggyFetch.
22. NO AGENCY
The parties to these Terms of Service are independent contractors. No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms of Service.
You shall not assign any of the rights or obligations under these Terms of Service without the prior written consent of ZiggyFetch. ZiggyFetch may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms of Service without your consent.
24. SUCCESSORS AND ASSIGNS
These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns.
25. GOVERNING LAW
These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Delaware, without regard to or application of Delaware’s conflict of law principles. The parties consent to the exclusive jurisdiction of the State of Delaware with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such Courts.
26. NO WAIVER
The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof.
Headings are for reference purposes only and do not limit the scope or extent of such section.
28. FORCE MAJEURE
ZiggyFetch will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Platform as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God.
All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: ZiggyFetch, Inc., 20508 Huckabee Bend, Pflugerville, Texas, 78660 or email at: email@example.com. All notices by ZiggyFetch will be sent to the email address associated with your account or will be conspicuously posted on the Platform.
30. ENTIRE AGREEMENT
These Terms of Service comprise the entire agreement between you and ZiggyFetch and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.