ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FINDING ROVER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
BASIC TERMS AND CONDITIONS
- You must be at least 14 years old to use the Service.
- You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content on the Finding Rover website, the Finding Rover service, or any applications (including mobile applications).
- You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Finding Rover prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Finding Rover upon registration and at all other times will be true, accurate, current and complete.
- You agree that you will not solicit, collect or use the login credentials of other Finding Rover members.
- You as a Finding Rover member are responsible for keeping your password secret and secure.
- You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information on any Finding Rover interface, including but not limited to, non-public phone numbers, social security numbers, credit card numbers, checking account numbers, non-public e-mail or home addresses, or the location or probable whereabouts of any Finding Rover member, or any information that may compromise the safety of a Finding Rover member or their pets.
- You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
- You as a member of Finding Rover are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on Finding Rover.
- You must not access Finding Rover’s private Application Programming Interface (“API”) by means other than those permitted by Finding Rover. Use of Finding Rover’s API is subject to a separate set of terms.
- You will not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Finding Rover members.
- You must not use domain names or web URLs in your username without prior written consent from Finding Rover.
- You must not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject Content or code or otherwise alter or interfere with the way any Finding Rover page is rendered or displayed in a user’s browser or device.
- You must not create accounts in Finding Rover through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
- Finding rover reserves the right to modify or terminate your membership or your access to Finding Rover for any reason, without notice, at any time, and without liability to you. You can deactivate your Finding Rover account by logging into Finding Rover and delete your membership account. If Finding Rover terminates your access to the Service, your photos, comments, likes, friendships, and all other data will no longer be accessible (e.g., users will not be able to navigate to your username and view your photos or posts, along with your pet information), but those materials and data may persist and appear within Finding Rover (e.g., if your Content has been reshared by others).
- We reserve the right to refuse access to the Service to anyone for any reason at any time.
- Finding Rover reserves the right to force forfeiture of any member username for any reason.
- You are solely responsible for your interaction with other members of Finding Rover, whether online or offline. You agree that Finding Rover is not responsible or liable for the conduct of any member. Finding Rover reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
- There may be links from Finding Rover, or from communications you receive from Finding Rover, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within Finding Rover. Finding Rover also includes third-party Content that we do not control, maintain or endorse. Functionality on Finding Rover may also permit interactions between Finding Rover and a third-party website or feature, including applications that connect Finding Rover or your profile on Finding Rover with a third-party website or feature. . Finding Rover does not control any of these third-party web services or any of their Content. You expressly acknowledge and agree that Finding Rover is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect Finding Rover or your profile on Finding Rover with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your member profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Finding Rover has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Finding Rover Parties (defined below) harmless for activity related to the Application.
- Finding Rover prohibits crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Finding Rover’s express consent).
- In some cases Finding Rover is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Finding Rover may place such advertising and promotions on Finding Rover or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
- You acknowledge that we may not always identify paid services, sponsored Content, or commercial communications as such.
- Finding Rover contains content owned or licensed by Finding Rover (“Finding Rover Content”). Finding Rover Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Finding Rover, Finding Rover owns and retains all rights in the Finding Rover Content and Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Finding Rover Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Finding Rover Content.
- While it is Finding Rover’s intention for the Service to be available as much as possible, there will be occasions when Finding Rover services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Finding Rover reserves the right to remove any Content from Finding Rover for any reason, without prior notice. Content removed from Finding Rover may continue to be stored by Finding Rover, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Finding Rover encourages you to maintain your own backup of your Content.
- It is Finding Rover’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Finding Rover does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Finding Rover is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.
REPORTING COPYRIGHT AND OTHER IP VIOLATIONS
- We respect other people’s rights, and expect you to do the same. If you infringe other people’s intellectual property rights, we will disable your account when appropriate
DISCLAIMER OF WARRANTIES
THE SERVICE, INCLUDING, WITHOUT LIMITATION, FINDING ROVER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FINDING ROVER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE FINDING ROVER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FINDING ROVER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FINDING ROVER OR VIA THE SERVICE. IN ADDITION, THE FINDING ROVER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
BY ACCESSING OR USING FINDING ROVER YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.
THE FINDING ROVER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.
LIMITATION OF LIABILITY WAIVER
UNDER NO CIRCUMSTANCES WILL THE FINDING ROVER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FINDING ROVER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FINDING ROVER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FINDING ROVER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FINDING ROVER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FINDING ROVER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).
BY ACCESSING FINDING ROVER, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
FINDING ROVER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
TIME LIMITATION ON CLAIMS
You agree that any claim you may have arising out of or related to your relationship with Finding Rover must be filed within twelve months after such claim arose; otherwise, your claim is permanently barred.
GOVERNING LAW & VENUE
The information provided within Finding Rover is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Finding Rover to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of Finding Rover or any portion of Finding Rover, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Finding Rover provides.