Last Updated: 1/12/2023
1. Description of Services
Wagtopia provides an online platform and software that (1) enables AWOs to more effectively manage their operations (including pet records and information, adoptions, donations, events, staff members, fosters and volunteers) and (2) connects pet lovers with their future pets, as made available by AWOs. In addition, Wagtopia also offers the Wagtopia Marketplace as well as WagtopiaMD both of which fall under these Terms, as well as the additional terms for each respective Service: Wagtopia Marketplace Additional Terms – Purchasers, and WagtopiaMD Additional Terms. Wagtopia also offers ancillary Services, such as sale of microchips and registration of microchipped pets. AWOs that participate in the Wagtopia microchip program are provided with access to Wagtopia software at no cost. The Services are more fully described on the Site. Wagtopia provides a venue for pet lovers to learn about animals available at AWOs for adopting or fostering, and helps facilitate the adoption/fostering process. However, Wagtopia itself does not own or shelter any pets and is not directly involved in pet adoption or fostering proceedings conducted between pet lovers and AWOs. Furthermore, Wagtopia does not independently verify the accuracy of any pet listings or any other information posted on the Site by either AWOs or pet lovers, including adoption profiles.
With that understanding, you acknowledge and agree to the following:
- Pet adoptions are subject to certain legal requirements. By providing the Services, Wagtopia makes no representations whatsoever regarding any AWO’s compliance with applicable laws or regulations or with regard to any pet lover’s legal capacity to complete a pet adoption or any other transaction between pet lover and AWO.
- Wagtopia does not assume any responsibility or liability for any animals listed on the Site, including:
- The accuracy of any animal photographs, videos, profiles or descriptions.
- The health, age or behavior of any animal or its suitability as a pet.
- The completion or success of any adoption proceeding or other proposed transaction.
- Wagtopia does not assume any responsibility or liability for the identity, reliability, integrity or conduct of any AWO or pet lover.
- Wagtopia is not responsible for the quality or reliability of microchips purchased via the Site. Any disputes regarding the microchips must be addressed to the microchip manufacturer.
- If you make a donation to an AWO via the Site, Wagtopia makes no representations regarding how the AWO will use your donation or whether your donation may be tax deductible. All donations made through Wagtopia are NON REFUNDABLE.
- All Site users expressly agree not to hold Wagtopia or its officers, directors, investors, employees or agents liable for any Services.
- You use the Services entirely at your own risk.
- If you are an AWO, you understand that Wagtopia may contact applicants who submit applications to you or whose application information you enter via the Services and invite them to register with Wagtopia directly and receive information regarding their pets.
- By signing up and using certain of our free software Services, you are agreeing to process your adoption payments through our software. If you do not process your adoption payments, then there is a fee for such software Services, which is further described in the payment/fee section 24 entitled Membership, Billing and Cancellation.
Any policies, rules and fees posted by Wagtopia on the Site with respect to its Services are hereby incorporated into these Terms.
User-Specific Terms. In addition to these Terms, as a further condition to using the Wagtopia Marketplace, if you are a Seller, you agree to the Marketplace Seller Agreement, or if you are a purchaser or potential purchaser, you agree to the Additional Terms – Purchasers. In addition to these Terms, as a further condition to using the WagtopiaMD, you agree to the WagtopiaMD Additional Terms.
2. Changes to these Terms
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. As we will be continually improving the Services and adding more features, you are expected to check this page each time you access the Services so you are aware of any changes, as they are binding on you. IF AT ANY TIME YOU CHOOSE NOT TO ACCEPT ANY OF THESE TERMS, INCLUDING FOLLOWING ANY SUCH MODIFICATIONS HERETO, THEN YOU MUST STOP USING THE SITE AND THE SERVICES.
3. Accessing the Services
We reserve the right to withdraw or amend the Services or any portion thereof in our sole discretion without notice. We will not be liable if for any reason the Services or any portion are unavailable at any time or for any period. You are responsible for (1) making all arrangements necessary for you to have access to the Services (i.e. providing your own equipment and internet connection and paying any internet access fees) and (2) ensuring that all persons who access the Services through your internet connection are aware of these Terms and comply with them.
If you choose, or are provided with, a user name, password or any other piece of account information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms.
4. Intellectual Property Rights
The Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) are owned by Wagtopia, Inc. and its licensors and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your own personal and organizational purposes only. You are granted a limited, non-transferable, non-sublicenseable, revocable license to use the Services, subject to these Terms and in compliance with all applicable laws, rules and regulations and any agreements or terms with third parties to which you are subject. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Site, except as follows:
- Your computer may temporarily store copies of Site materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your web browser for display enhancement purposes.
- You may print or download one copy of a reasonable number of pages of the Site for your own personal or business use and not for further reproduction, publication or distribution.
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal or business use, provided you agree to be bound by any applicable end user license agreement for such applications.
You must not:
- Modify copies of any materials from the Site.
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from the Site.
- Access or use any part of the Site for your own commercial purposes other than for purposes of receiving the Services.
If you wish to make any use of material on the Services other than as set out in this section, please address your request to support@Wagtopia.com.
No right, title or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Wagtopia. Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark and other laws.
Feedback. We may use any reports, comments, ratings, reviews and suggestions in any form regarding the Site or Services that you provide to us (collectively, the “Feedback”). You grant us a worldwide, non-exclusive, irrevocable, perpetual, royalty-free right and license to incorporate and use the Feedback in connection with any products and services.
The Wagtopia name and logo are trademarks of perfectpetmatch.com LLC. You must not use this name and logo without the prior written permission of perfectpetmatch.com LLC. All other names, logos, product and service names, designs and slogans on the Site, including but not limited to those of any AWO on the Site, are the trademarks of their respective owners.
6. Permitted and Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to use the Services in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regulating AWOs and the pet adoption process). You also agree not to:
- Adapt, alter, modify, translate or create derivative works of the Site or Services.
- Reverse engineer, decompile, disassemble or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Site or Services.
- Provide any third party access to your Account, the Site or the Services.
- Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party's use of the Site.
- Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
- Use any device, software or routine that interferes with the proper working of the Site.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer or database connected to the Site.
- Attack the Site via a denial-of-service attack or a distributed denial-of-service attack.
- Attempt to bypass methods Wagtopia may use to prevent or restrict access to the Site or Service.
- Otherwise attempt to interfere with the proper working of the Site.
- Access the Site for the benefit of another vendor or any third party or in order to build a competitive product or service, build a product using similar ideas, features, functions or graphics, or copy any ideas, features, functions or graphics of the Site.
- Use the Site or Services to upload, download, display, perform, transmit, or distribute any User Contributions (as defined herein) that is, nor will you engage in any activities that are, infringing, libelous, defamatory, erroneous, misleading, deceptive, offensive, hateful, obscene, pornographic, abusive, threatening, tortious, in violation of any privacy or intellectual property rights, or otherwise unlawful.
7. Reliance on Site Contents and Services
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Wagtopia shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Site. Wagtopia disclaims any and all liability for any loss, damage or injury based on information directly or indirectly obtained through the Services. WAGTOPIA IS NOT A LICENSED AWO AND DOES NOT PROVIDE PETS FOR ADOPTION. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT ALL USERS OF THE SITE ARE INDEPENDENT INDIVIDUALS AND/OR ENTITIES AND NOT WAGTOPIA CONTRACTORS, AGENTS OR EMPLOYEES. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY USER, AWO OR PET, NOR SHALL WAGTOPIA BE DEEMED TO ENDORSE ANY USER, AWO OR PET. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY USER OR AWO, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE ARE NOT A PARTY TO ANY TRANSACTION WITH ANOTHER USER OR AWO, AND WE ARE IN NO WAY RESPONSIBLE FOR THE PERFORMANCE OR NON-PERFORMANCE OF ANY USER OR AWO. WAGTOPIA IS A NEUTRAL PLATFORM AND ALL TRANSACTIONS ARE CONSUMMATED SOLELY BETWEEN AWOS AND PET LOVERS ACTING AT THEIR OWN RISK.
8. User Contributions
The Site may contain video postings, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services”) that allow you to post, submit, publish, display, or transmit to other users (hereinafter, “post”) content or materials (collectively, “User Contributions”) on or through the Site. We are under no obligation to review any User Contributions and assume no responsibility or liability relating to any such User Contributions. Wagtopia, in its sole discretion, may monitor, not post or remove any such User Contributions.
All User Contributions must comply with the content standards set out in these Terms. Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you grant us a non-exclusive, perpetual, irrevocable, sublicensable (through multiple tiers), assignable, fully-paid, royalty free, worldwide license to use, reproduce, modify, perform, display, distribute, create derivative works, and otherwise disclose to third parties any such material.
You represent and warrant that you own or control all rights in and to the User Contributions and have the right to grant Wagtopia and its affiliates the rights granted herein. You represent and warrant that all of your User Contributions are accurate and not misleading, do not violate any third party rights, and fully comply with these Terms, and you agree to defend, indemnify and hold harmless Wagtopia and its affiliates and licensors for any breach of any representation and warranty contained in these Terms.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Wagtopia, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
Any content and/or opinions uploaded, expressed, or submitted to the Site, and all articles and responses to questions and other content, other than the content provided by Wagtopia, are solely the opinions and the responsibility of the person or entity submitting them and do not necessarily reflect the opinion of Wagtopia. We are not responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of the Site. You must evaluate, and will bear all risks associated with, the use of or reliance on content obtained through the Site.
9. Monitoring and Enforcement; Termination
We have the right to:
- Remove or refuse to post any User Contributions for any reason in our sole discretion.
- Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion if we believe that such User Contribution violates these Terms, including our content standards, infringes any intellectual property right, threatens the personal safety of users of the Site and the public, or could create liability for Wagtopia.
- Disclose your identity to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.
- Terminate your access to all or part of the Services for any violation of these Terms.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS WAGTOPIA FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY WAGTOPIA DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER WAGTOPIA OR LAW ENFORCEMENT AUTHORITIES.
However, you understand and agree that we can neither review all material before it is posted on the Site nor ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third parties. We have no liability or responsibility to anyone for performance or non-performance of the activities described in this section.
You have the right to terminate your account with Wagtopia at any time by contacting us at support@Wagtopia.com. Upon termination of your account, your user profile will be removed from the Site, your content may be removed from the Site, and your content will not be available to you. However, you understand that removed content may persist in backup copies for a reasonable period of time. Wagtopia has no obligation to maintain or provide the content and may delete all content provided unless legally prohibited from doing so.
10. Content Standards
These content standards apply to any and all User Contributions and interactive services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations, as well as these Terms. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act, including but not limited to gambling, prostitution, drug or human trafficking, or money laundering.
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, and other sales promotions, barter, advertising or pyramid schemes.
- Give the impression that they emanate from us, if this is not the case.
11. Copyright Infringement
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our designated Copyright Agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf; and
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.
- Our Copyright Agent for notice of claims of copyright infringement regarding the Site can be reached by email at support@Wagtopia.com.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement. We will notify you that we have removed or disabled access to copyright-protected material that you provided, if such removal is pursuant to a valid take-down notice that we have received. If you receive such notice from us, you may provide us with a counter-notification in writing to our designated Copyright Agent.
12. Linking to the Site and Social Media Features
You may link to the homepage of the Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
The Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on the Site.
- Send e-mails or other communications with certain content, or links to certain content, on the Site.
- Cause limited portions of content on the Site to be displayed or appear to be displayed on your own or certain third-party websites (such as Facebook or LinkedIn).
You may use these features solely as they are provided by us and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Except through linking mechanisms we provide, link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of these Terms.
The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms.
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
13. Links from the Site
14. Geographic Restrictions
Unless otherwise explicitly stated, the Services are controlled and operated from facilities in the United States. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable United States and local laws and regulations, including but not limited to export and import regulations. You may not use the Services if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.
15. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that content available for downloading from the Internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures to satisfy your particular requirements for anti-virus protection and for maintaining a means external to our Site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE OR ITEMS OBTAINED THROUGH THE SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY. YOU ARE SOLELY RESPONSIBLE FOR ANY AND ALL ACTS OR OMISSIONS TAKEN OR MADE IN RELIANCE OF THE SITE OR SERVICES OR THE INFORMATION CONTAINED THEREIN, INCLUDING INACCURATE OR INCOMPLETE INFORMATION. NEITHER WAGTOPIA NOR ANYONE ASSOCIATED WITH WAGTOPIA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WAGTOPIA NOR ANYONE ASSOCIATED WITH WAGTOPIA REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY FEATURES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
WAGTOPIA AND ALL PARTIES ASSOCIATED WITH WAGTOPIA HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU ACKNOWLEDGE THAT WAGTOPIA DOES NOT CONTROL THE USER CONTRIBUTIONS OF ANY USERS OR ANY OTHER THIRD PARTY CONTENT, INFORMATION OR MATERIALS INCLUDING ANY OTHER APPLICATIONS. AS SUCH, WAGTOPIA IS NOT RESPONSIBLE FOR THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF ANY USER CONTRIBUTIONS FOR ANY PURPOSE. WAGTOPIA DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR SERVICE.
WAGTOPIA MAY ALTER, SUSPEND, ADD TO, OR DISCONTINUE THE SITE OR SERVICES IN WHOLE OR IN PART AT ANY TIME FOR ANY REASON, WITHOUT NOTICE OR COST. WE ASSUME NO RESPONSIBILITY FOR YOUR ABILITY TO OBTAIN ACCESS TO THE SERVICES. WE DO NOT ASSUME ANY LIABILITY FOR THE FAILURE TO STORE OR MAINTAIN ANY USER CONTRIBUTIONS, MATERIALS, COMMUNICATIONS, ACCOUNT INFORMATION OR PERSONAL SETTINGS. THE SERVICES MAY BECOME UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT, SERVERS, OR OTHER REASONS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
16. Limitation of Liability
IN NO EVENT WILL WAGTOPIA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY WEBSITES LINKED TO SITE, OR ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE YOUR RIGHTS WITH RESPECT TO CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS “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.”
You agree to defend, indemnify, and hold harmless Wagtopia and its respective affiliates, licensors officers, directors, employees, contractors, agents, representatives, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting directly or indirectly from: (i) your violation of these Terms or your use of the Services, including, without limitation, any use of the content, services, and products of the Services other than as expressly authorized in these Terms or your use of any information obtained from the Site, (ii) your User Contributions, or (iii) your infringement of any third party rights or violation of applicable law or regulation. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
18. Governing Law and Jurisdiction
These Terms and any dispute or claim arising out of, or related to, them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with New York law without regard to its conflicts of laws principles. All claims arising out of or relating to these terms or the Services must be litigated exclusively in the federal or state courts of New York, and both parties consent to venue and personal jurisdiction there. You agree that regardless of any statute or law to the contrary, any claim or cause of action against Wagtopia arising out of or related to these Terms must be filed within one year after such claim or cause of action arose, or be forever barred.
19. Waiver and Severability
No waiver of these Terms by Wagtopia shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and any failure of Wagtopia to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
20. Mobile Application Terms
21. Entire Agreement
These Terms create no third party beneficiary rights. Wagtopia’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Wagtopia may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Wagtopia and you are not legal partners or agents; instead, our relationship is that of independent contractors. Any notice required hereunder shall be in writing. You consent to receive communications from us electronically. We may send communications to you on your mobile telephone by SMS or text message. Message and data rates from your mobile telephone service provider may apply and are subject to the terms and conditions imposed by your provider. You agree that all agreements can be entered into and signed electronically in accordance with applicable law, and all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notice or other communications be in writing.
23. Payment Processing
Payment processing services on Wagtopia are provided by Stripe and are subject to the Stripe Connected Account Agreement, which includesthe Stripe Terms of Service (collectively, the “Stripe Services Agreement”). By agreeing to these Terms, you agree to be bound by the Stripe Services Agreement, as the same may be modified by Stripe from time to time. As a condition of Wagtopia enabling payment processing services through Stripe, you agree to provide Wagtopia accurate and complete information about you and your business, and you authorize Wagtopia to share it and transaction information related to your use of the payment processing services provided by Stripe.
24. Membership, Billing and Cancellation
- Ongoing Membership.Your Wagtopia membership (which may include Petstablished software, will continue month-to-month or year-to- year or any other eligible period you select when you enroll (“Membership Term”), unless and until you cancel your membership or we terminate it. You must provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Services. We will bill the Membership Term fee, as applicable, to your Payment Method. You must cancel your membership before the Membership Term renews in order to avoid billing of the next Membership Term’s fees to your Payment Method.
- Membership Packages. We offer a number of membership packages, including the membership packages listed on our “Plan Summary” page. Any materially different terms from those described in these Terms will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your membership with Wagtopia by logging in to your Account. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
- Recurring Billing. By starting your Wagtopia membership and providing or designating a Payment Method, you authorize us to charge you a membership fee, as applicable, at the then current rate, and any other charges you may incur in connection with your use of the Wagtopia service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
- Adoption Payments.To use the software Services at no charge, you must process all of your adoption payments through Wagtopia. If you fail to process adoption payments through Wagtopia, as determined in Wagtopia’s sole discretion, then you will be charged forty-eight dollars ($48) (“Monthly Rate”) per month.
- Initial Locked Account - If your Account has zero adoption payments over a sixty (60) day period, your Account will be locked. To unlock the Account you will be required at that time to either pay the Monthly Rate or click to agree to process adoption payments through the software Services going forward.
- Locked Account thereafter – If at any time after your Account is unlocked the first time, your Account has five (5) (or more) fewer payments received than adoptions processed over a thirty (30) day period, you will be issued a warning and your Account may be locked again. You will be required at that time to either pay the lesser of the Monthly Rate or $4 multiplied by the number of missed adoption payments. If you fail to make payment within X days from the warning message, your Account will be locked.
- Price Changes. We reserve the right to adjust pricing for our Services or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms, any price changes to your service will take effect following email notice to you.
- Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and, as applicable, each Membership Term thereafter unless and until you cancel your membership. We automatically bill your Payment Method each Membership Term on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month or year, we may bill your Payment Method on such other day as we deem appropriate. For example, if you started your Wagtopia membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
- No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NOREFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the Services through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our users ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
- Declined Payment. If your Payment Method is declined you will receive a notice and will have 15 days to provide an alternative Payment Method and make the outstanding payment. If payment is not made within such 15 day period, your account will be deactivated until such payment is made.
- Cancellation. You may cancel your Wagtopia membership at any time, and you will continue to have access to the Wagtopia service through the end of your billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MEMBERSHIP PERIODS. If you cancel your membership, your account will automatically close at the end of your current billing period.
- Suspension. We may immediately suspend or terminate your access to all or any portion of the Services if we become aware or reasonably suspect that: (a) your use of the Services violates applicable local, state, federal, or foreign laws or regulations or any terms of this Agreement, or (b) your continued use of the Services will disrupt use of the Services by others, poses a security risk to the Services, may harm Wagtopia or its systems, may subject Wagtopia or any third party to liability or if we believe in our reasonable discretion that your use of the Services is unsuitable in any way. Wagtopia may provide you with notice of any such suspension and an opportunity to remedy the issue unless we in good faith believe doing so will result in imminent harm.
25. Your Comments and Concerns
This website is operated by perfectpetmatch.com LLC. All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@Wagtopia.com.
Wagtopia Marketplace Additional Terms - Purchasers
Last updated: 6/30/2021
Welcome to the Wagtopia Marketplace (“Wagtopia Marketplace”), a services provided through the Wagtopia Site where users can purchase products, goods or services directly from vendors (“Sellers”).
By using or otherwise accessing the Wagtopia Marketplace you agree to the Terms as well as these additional terms (“Additional Terms”), and you represent and warrant that you have the right, authority, and capacity to enter into these Additional Terms (the Terms and Additional Terms collectively form the “Agreement”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE THE Wagtopia Marketplace. Please note that we offer the Wagtopia Marketplace “AS IS” and without warranties. If you use the Wagtopia Marketplace on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the Wagtopia Marketplace, Site or Services or accept the Agreement if you are not at least 18 years old.
We strive to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, we shall notify you via message or by means of a prominent notice on the Wagtopia Marketplace. By continuing to use the Wagtopia Marketplace following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of this Agreement or with any changes that we make to the Terms or Additional Terms, please do not use the Wagtopia Marketplace.
Any capitalized terms not defined in these Additional Terms shall have the meaning as set forth in the Terms.
1. The Wagtopia Marketplace.
1.1 Description of Services. The Wagtopia Marketplace provides a venue for users to purchase certain pet products, goods, services and any other pet-related items (“Products”) as may be listed by Sellers.
1.2 Content, Pricing and Accuracy. All features, content, availability, specifications, products and prices of Products described or depicted on the Wagtopia Marketplace are subject to change at any time without notice. The inclusion of any Products on the Wagtopia Marketplace at a particular time does not imply or warrant that these Products will be available at any time. Certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We make all reasonable efforts to accurately display the attributes of the Products and ensure that information on the Wagtopia Marketplace is complete, accurate and up-to-date. Despite our efforts, the information on the Wagtopia Marketplace may occasionally be inaccurate, mispriced, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currency of any information on the Wagtopia Marketplace. For example, Products included on the Wagtopia Marketplace may be unavailable, may have different attributes than those listed, or may carry a different price than what is stated on the Wagtopia Marketplace. We reserve the right to correct any errors from time to time and we will not be obliged to supply the Products at the incorrect price, or in accordance with the incorrect description. In the event of a pricing error or discrepancy on the Wagtopia Marketplace with respect to Products, we reserve the right to cancel any orders (or partial orders) for such Products. We will (at our discretion) either cancel your order and refund the price you have paid or use reasonable efforts to contact you and ask you whether you wish to continue with the order at the correct price or correct description. The inclusion of any Products on the Wagtopia Marketplace at a particular time does not imply or warrant that such Products will be available at any other time.
1.3 Shipping. When a Product order is placed, it will be shipped to the address designated by you, as long as such shipping address is compliant with the shipping restrictions contained on the Wagtopia Marketplace. Multiple items placed with separate vendors may incur multiple shipping costs per individual Seller. REMINDER, a complete and accurate address is critical for successful delivery. An incomplete or inaccurate address will cause significant delays and loss of shipments. Unfortunately we’re not able to accept liability for lost Products if you input an incorrect or incomplete address, and you will not be refunded in this event. Any recovery, re-stocking, re-shipments, or other costs related to your entry of incorrect or incomplete addresses will be at your expense.
1.4 Confirmation, Seller Cancellation and Coupons. While it is our practice to confirm online orders via email, the receipt of an email order confirmation does not constitute our acceptance of an order nor our confirmation of an offer to sell a Product. We reserve the right, without prior notice and at any time: (a) to limit the order quantity on any Product and/or to refuse service or fulfillment of any order or to any user; (b) to discontinue any Product or service; (c) to bar any user from making or completing a transaction; and (d) to limit or impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion. For clarification, orders may be limited or cancelled by us or the Seller at any time including after receipt of a confirmation or shipping email. We also may require additional information and/or verification of information prior to the acceptance and/or shipment of any order. For products purchased from the Wagtopia Marketplace using a credit card, an authorization may be placed on your credit card when you place an order. Partial shipment or partial cancellation of orders may occur.
1.5 Purchaser Changes and/or Cancellation. In most cases, once an order is placed, it is final and cannot be canceled or changed. This is because the fulfilment process begins immediately for most orders. You may nonetheless request a change from the Seller, and the Seller will notify you if it is possible to cancel or make basic modifications to your order (for example, for Products with longer lead-times). Basic modifications would include changing the size or color of an item, or making a minor update to a delivery address. It is not possible to change one item to another where the value is different, or to change the delivery address entirely from one address to another. If the Seller is unable to cancel or amend your order, (for example if your order has already been shipped), then you will need to initiate a return after your receipt of the order. For the purpose of clarity, personalized Product purchases are final, and not eligible for returns.
1.6 License. Purchaser grants Wagtopia a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable, irrevocable, right and license to (i) collect and analyze data related to the provision of its Services and the provision, use and data regarding performance of and various aspects of the Wagtopia Marketplace (“Performance Data”) and use such information internally to troubleshoot, improve and enhance the Services and for other development, diagnostic, security and corrective purposes, including by aggregating and anonymizing data with data from other users or sources to create benchmarks or other statistical information (“Benchmarks”), and (ii) use and disclose the Benchmarks and Performance Data in connection with Company’s business, products and services, provided that any such use and disclosure is aggregated and anonymized and does not reveal any personally identifiable information or the identity of Purchaser and/or any individual.
You may return your order, or any part of your order, in accordance with these terms, for a full refund if you are not satisfied for any reason. In order to be eligible for a refund, you must first register your return with us within fourteen (14) days from receipt of your order (delivery date). Wagtopia will request the Seller provide you with return instructions, and you will then send the Products back to the Seller according to their instructions no later than (five) 5 days from the date Seller sent you the return instructions. If you ordered Products from different Sellers, then you are to follow the return instructions for each Seller individually and make sure to send the proper Product to the proper Seller. Important note: All orders must be returned directly to the Seller(s). Please do not return any items to Wagtopia’s office. We will not accept liability for any Products returned directly to us.
Please note, all purchases are final for the following Products. They cannot be returned in any circumstance unless they are the wrong Product or defective:
- Products which are clearly personalized or made to your specifications.
- Products purchased for ten dollars ($10) or less.
- Products which are liable to deteriorate rapidly, (for examples, fresh pet food or supplements).
- Products with health protection or hygiene considerations, if opened, (for example, doggy diapers).
- Products returned must be in the same condition they were received, such that they may be resold.
- Products returned must be unworn/unused with original tags and packaging.
- Products should be packaged so that both the Product itself and the Product packaging (if applicable) are not damaged in transit. Wagtopia and Sellers do not accept responsibility for items damaged in transit.
- You are responsible for the return postage costs unless an item has arrived faulty or damaged. Note if you upgraded to express delivery, we will only refund the cost of standard delivery.
- Where you purchased from multiple Seller, you must send each Product to the applicable Seller separately.
- We strongly recommend using a tracked mail service (with insurance where appropriate for the Products value), and retaining proof of postage. Wagtopia and Sellers do not accept responsibility for items lost in return transit. If a returned Product is being shipped internationally, please mark as “RETURNED GOODS” to avoid the Seller incurring any customs charges upon receipt of your return. If a Product is returned but does not meet these conditions, your return may be refused and returned to you or a reduced refund may be offered.
Damaged or faulty goods
If your order arrived damaged, or you’re having problems with a Product you’ve bought, please contact us as soon as possible by visiting our Help Center. Please note: Most Sellers will require an image or video showing the damage, fault or incorrect item received to be able to provide a solution.
If you refuse to accept delivery of all or part of your order (where the products or packaging do not appear to be damaged or defective) any fees and charges incurred by the Seller due to a package being refused may be deducted from your merchandise refund. The same will apply if the tracking states that delivery has been attempted and the item is awaiting collection from a point of pickup and that item is not collected and returned to the Seller.
You will be refunded within fourteen (14) days of the Seller’s receipt of the returned Products. Refunds will be issued to the same means of payment initially used to purchase the Products. Refunds usually take between 1 – 5 business days to show in your account, depending on the payment method used.
Unfortunately we are unable to exchange items, please follow the returns process using the information above and you can place a new, separate order for the alternative item.
1.9 Account. By registering for an account or placing an order, you represent that the Products ordered will be used only in a lawful manner and as intended by such manufacturer. By accessing the Platform, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for the Wagtopia Marketplace, create an account, place an order, or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes a purchase or inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Products using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
The price of any Product will be the price agreed between the user and Seller. In addition, if we discover that any Products advertised in the Wagtopia Marketplace have been mispriced, we will either charge the lower amount and ship you the item if an item’s correct price is lower than our stated price, or (at our discretion) contact you for instructions before shipping or cancel your order and notify you of such cancellation if an item’s correct price is higher than our stated price.
3. Disclaimer of Warranties.
Please refer to Section 15 of the general Terms.
IN ADDITION, IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS THAT YOU HAVE PURCHASED ON OR THROUGH THE WAGTOPIA MARKETPLACE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SELLER OF SUCH PRODUCTS, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SELLER’S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR SUCH PRODUCTS IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THE SITE.
Please refer to Section 17 of the general Terms.
In addition, you agree to defend, indemnify, and hold harmless Wagtopia, and its respective its affiliates, and licensors and their respective officers, directors, employees, contractors, agents, licensors, representatives, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting directly or indirectly from: (a) your use of the Wagtopia Marketplace or Products purchased by you, including any acts or omissions taken in reliance on the Products; or (b) your breach of these Additional Terms.
5. Neutral Venue. No Agency or Endorsement.
The Wagtopia Marketplace is provided and functions solely as a neutral platform and digital marketplaces to assist Sellers and potential purchasers in locating and transacting with each other. You acknowledge that Wagtopia has no control over, and no duty to take any action regarding the Products that are sold or purchased. Petsablished has no control over the quality, safety, pricing or legality of any aspect of the Products listed, the truth or accuracy of the listings, or the ability of Sellers to sell products. Any dispute a user has with a Seller is between the user and Seller, and Petsablished will not be a party to that dispute. However, in our sole discretion, if you are unable to resolve a dispute with a Seller, Petsablished may use commercially reasonable efforts to mediate and arrive at a mutually agreed upon resolution.
All of the Sellers are independent professionals and businesses, separate from Petsablished, and they are solely responsible for the User Contributions, information, and Products they provide to you. You expressly acknowledge and agree that Sellers are independent entities and not Petsablished’s contractors, agents or employees. We do not make any representations or warranties of any kind with respect to any Seller, nor shall Petsablished be deemed to endorse any Seller. We are not liable for the acts, errors, omissions, representations, warranties, breaches or negligence of any Seller, or for any personal injuries, death, property damage, or other damages or expenses resulting therefrom. We are not a party to any communications, or transactions with a Seller, and we are in no way responsible for the services offered, Products sold, performance or non-performance of any Seller hereunder.
WagtopiaMD Additional Terms.
Last updated: 6/30/2021
Welcome to WagtopiaMD, a service provided through the Wagtopia Site. WagtopiaMD provides digital health and telehealth services for pets, including by connecting you with veterinarians for consultation services.
By using or otherwise accessing the WagtopiaMD you agree to the Terms as well as these additional terms (“Additional Terms”), and you represent and warrant that you have the right, authority, and capacity to enter into these Additional Terms (the Terms and Additional Terms collectively form the “Agreement”). IF YOU DO NOT AGREE WITH THIS AGREEMENT, YOU CANNOT USE WagtopiaMD. Please note that we offer the WagtopiaMD “AS IS” and without warranties. If you use the WagtopiaMD on behalf of an individual or entity other than yourself, you represent that you are authorized by such individual or entity to accept this Agreement on such individual’s or entity’s behalf. You may not access or use the WagtopiaMD, Site or Services or accept the Agreement if you are not at least 18 years old.
We strive to improve the Services for you, so our Terms may change from time to time. We’ll make sure to change the “Last Updated” date at the top of this page so you can tell if these Terms have changed since your last visit. In the event of a material change, we shall notify you via message or by means of a prominent notice on the WagtopiaMD. By continuing to use the WagtopiaMD following such modifications, you agree to be bound by such modifications. If you are not comfortable with the provisions of this Agreement or with any changes that we make to the Terms or Additional Terms, please do not use the WagtopiaMD.
Any capitalized terms not defined in these Additional Terms shall have the meaning as set forth in the Terms.
WE ARE NOT A HEALTHCARE PROVIDER AND WE DO NOT PROVIDE MEDICAL ADVICE
Any information or content that you obtain or receive from us, our employees, contractors, partners, sponsors, advertisers, licensors or otherwise through the Services, is for informational or scheduling purposes only. All medically related information, including, without limitation, information shared via the Site, emails and text messages, comes from independent healthcare professionals and organizations and is for informational purposes only.
WagtopiaMD DOES NOT PRACTICE VETERINARY MEDICINE. WHILE WE HOPE OUR SERVICE IS USEFUL TO YOU, IT IS NOT INTENDED AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. DO NOT DISREGARD, AVOID OR DELAY OBTAINING MEDICAL ADVICE FROM A QUALIFIED VETERINARIAN, UNDER ANY CIRCUMSTANCE. DO NOT USE THE SERVICES FOR EMERGENCY MEDICAL NEEDS OR SITUATIONS REQUIRING A HANDS-ON OR IMMEDIATE RESPONSE OR TREATMENT. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
All of the veterinarians who provide information and assistance to you through WagtopiaMD are independent professionals solely responsible for the information and assistance they provide to you. The veterinarians are not employees or contractors of WagtopiaMD. WagtopiaMD is a vendor/service provider that veterinarians use to provide telemedicine communications with their patients.
Your veterinarian is responsible for any proposed treatments and compliance with the requirements applicable to his or her profession and license. Neither WagtopiaMD nor any third parties who promote the Services or provide you with a link to the Services will be liable for any professional advice you obtain from a veterinarian via the Services. WagtopiaMD does not endorse any veterinarian using our Services.
1. WagtopiaMD Services.
1.1 Description of Services. WagtopiaMD provides an online platform through which pet owners may connect with veterinary professionals about a pet’s healthcare, general questions, or questions pertaining to your pet.
1.2 Informed Consent. Telehealth is the delivery of health care services using interactive audio and video technology, where the patient and the veterinary professional are not in the same physical location. The Telehealth Services you receive from your veterinarian are not intended to replace a veterinary client patient relationship or be your permanent medical home. As with any online health service, there are potential risks associated with use. When using this service, you understand the additional risks of telehealth and waive any liability to Wagtopia or the veterinarian. These risks include but may not be limited to:
- information transmitted may not be sufficient (e.g. poor resolution of images) to allow for appropriate health care decision making by the veterinarian;
- delays in evaluation or treatment could occur due to failures of the electronic equipment or clinic staffing;
- lack of access to all of your health records may result in adverse drug interactions or allergic reactions or other judgment errors;
- an incomplete or inaccurate diagnosis of pet.
If your pet is experiencing an emergency, you should visit an emergency room or call your primary veterinary clinic immediately. It is not recommended to use our Service when your pet is having an emergency.
By accepting these Terms, you acknowledge that you understand and agree with the following: you may expect the anticipated benefits from the use of telehealth, but that no results can be guaranteed or assured. In some instances, your veterinarian may determine that the Services are not appropriate for some or all of your pet’s treatment needs, and accordingly may elect not to provide telehealth services to you. In the event an in-office visit is requested, your veterinarian may charge you for services rendered through WagtopiaMD.
You may also be able to send written notes to your veterinarian or to customer support using a secure messaging portal within the Site (the “Messaging Portal”). Messages you send over the Messaging Portal may be viewed by more than one veterinarian or customer support agent and will typically be answered within forty-eight (48) hours. You should not rely on the Messaging Portal if you need immediate attention from a veterinarian or other health care professional. If your pet is experiencing a medical emergency, you should contact the nearest emergency clinic. You understand and agree that messaging with veterinarians over the Messaging Portal does not give rise to a provider-patient relationship, and does not by itself constitute treatment, diagnosis, or medical advice.
1.4 Account. By accessing the Site, you consent to having this Agreement provided to you in electronic form and that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirements that such communications be in writing. You acknowledge that when you sign up for the WagtopiaMD, create an account, request service, communicate with a veterinarian or customer support agent, or provide any contact information, including an email address or cellphone number in connection with that activity, or service (“Contact Information”), you agree that this action constitutes an inquiry establishing a business relationship with us. You expressly consent to our communicating with you about our Services using the Contact Information you provided to us. You also attest that you have the legal authority over any Contact Information that you provide to us and can provide us with the authorization to contact you. This means we may contact you, in person or by recorded message, by e-mail and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, or any other means of communication that your wireless or other telecommunications device may be capable of receiving.
Please refer to Sections 23 and 24 of the general Terms.
The price of any Services will be the price agreed between the user and veterinarian.
*Wagtopia provides a percentage of the fees collected through WagtopiaMD to AWO’s that refer pet owners to the WagtopiaMD program.
3. Disclaimer of Warranties.
Please refer to Section 15 of the general Terms.
In addition, we provide WagtopiaMD to provide options for you to receive telehealth assistance for your pet, and we want your experience with our Site to be exceptional. While we work hard to make that happen, you acknowledge that we have no control over, and no duty to take any action regarding: (a) your veterinarians and their provision to you of tele-health-related services, (b) what Services or content you access, (c) what effects the Services or content may have on you or your pet, (d) how you may interpret or use the Services or content. You release us from all liability for you having acquired, you having not acquired, or your use of the Services and content. We make no representations or warranties regarding suggestions or recommendations of services or products offered or redeemed through the Site and/or the Services. We have no special relationship with or fiduciary duty to you. e. FURTHERMORE AND WITHOUT LIMITATION, WE DO NOT WARRANT THAT THE USE OF THE SITE WILL RESULT IN ANY PARTICULAR RESULTS AND/OR THAT YOUR PET’S HEALTH WILL IMPROVE AS A RESULT OF YOUR USE OF THE SERVICE.
Please refer to Section 17 of the general Terms.
In addition, you agree to defend, indemnify, and hold harmless Wagtopia, and its respective its affiliates, and licensors and their respective officers, directors, employees, contractors, agents, licensors, representatives, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) resulting directly or indirectly from: (a) your use of the WagtopiaMD or Services accessed or used by you, including any acts or omissions taken in reliance on the Services; or (b) your breach of these Additional Terms.
5. Neutral Venue. No Agency or Endorsement.
THE WagtopiaMD SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH PET OWNERS MAY CONNECT WITH VETERINARIANS ABOUT A PET’S HEALTHCARE, GENERAL QUESTIONS, OR QUESTIONS PERTAINING TO THE PET. YOU UNDERSTAND AND AGREE THAT WagtopiaMD IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN USERS AND VETERINARIANS, NOR IS WagtopiaMD PRACTICING OR ADMINISTERING ANY DIAGNOSIS, TREATMENTS, OR HEALTHCARE SUGGESTIONS AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO ANY VETERINARIAN, NOR SHALL WagtopiaMD BE DEEMED TO ENDORSE ANY VETERINARIAN. WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY VETERINARIAN, OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. WE ARE NOT A PARTY TO ANY COMMUNICATIONS, OR TRANSACTIONS WITH A VETERINARIAN, AND WE ARE IN NO WAY RESPONSIBLE FOR THE SERVICES OFFERED, PERFORMANCE OR NON-PERFORMANCE OF ANY VETERINARIAN HEREUNDER. PRIOR TO USING THESE SERVICES YOU ASSERT THAT A VETERINARY-CLIENT-PATIENT-RELATIONSHIP (VCPR) EXISTS WITH THE VETERINARIAN AND PET YOU HAVE CONNECTED OR, IN THE ABSENCE OF VCPR, YOU ARE ONLY SEEKING VETERINARY ADVICE AND NOT A DIAGNOSIS, TREATMENT, OR PRESCRIPTION MEDICATION.
8. Emergency Fund. If your Subscription includes access to WagtopiaMD's $3,000 emergency fund (the "Emergency Fund"), you will be subject to our WagtopiaMD Emergency Fund Terms & Conditions (which are incorporated by reference herein and which supplement these Terms). By subscribing to the Emergency Fund, you acknowledge and agree that:
(a) There is a 14-day mandatory wait period upon starting your WagtopiaMD Subscription before the Emergency Fund is available to you (the “Wait Period”). If a veterinary doctor determines you are having a life-threatening emergency and need immediate care for your pet before the expiration of the Wait Period, the Emergency Fund will not yet be at your disposal. You will also be subject to the Wait Period again if you cancel and reactivate your Account.
(b) The Emergency Fund is only available to you if your Subscription Fees are made continuously and without interruption. If the payment method we have on file for you fails, you will lose access to the Emergency Fund. If you cancel your Account, you will lose access to the Emergency Fund.
(c) If you suspect your pet is having a life-threatening emergency and needs immediate care, you must consult our veterinary doctors before gaining access to the Emergency Fund. All emergencies must be assessed and referred by one of our veterinary doctors through the WagtopiaMD platform. A live face to face video call or a video recording is mandatory to determine if it is a life-threatening emergency or not. You cannot access the Emergency Fund if the pet has been admitted for emergency care prior to contacting one of our veterinary doctors as set forth above.
(d) The Emergency Fund only pays for the initial emergency care. All other follow up care is at the expense of the pet owner. Additionally, the Emergency Fund will not cover additional costs associated with euthanasia, such as cremation or memorabilia.
(e) The Emergency Fund is restricted to a one-time annual pay-out in an amount not to exceed $3,000, regardless of the amount of the emergency. In other words, you are only entitled to access the Emergency Fund one time during each year of your Subscription, even if the emergency is less than the $3,000 limit.
(f) You have up to a maximum of 4 hours to take your pet to an emergency clinic or any veterinary clinic of your choice after being referred by our vets. If you exceed the 4-hour period to use the Emergency Fund, the funds will not be released for your pet's care.
(g) You will not qualify for the Emergency Fund if our veterinary doctors have previously recommended a visit to your vet clinic and you failed to comply. Waiting to take your pet in for medical care can result in an unnecessary emergency for your pet and we do not support medical negligence.
(h) The Emergency Fund only covers your cats and dogs. No other pets are entitled to participate in the Emergency Fund. You may be required to provide proof of ownership of your pet in the form of a pet license or registration.
(i) You can take your pet to any veterinary clinic located within the United States. Please keep in mind that some clinics require a deposit before accepting your pet for evaluation. WagtopiaMD cannot provide the deposit for you, however, upon receiving the final invoice, the deposit will be included in the final payment issued by WagtopiaMD. This means whatever deposit you left upon checking in will be credited back to your account at the discretion of the clinic.
(j) The Emergency Fund is non-transferable to other parties and their pets.
(k) We do not cover emergencies associated with breeding or pregnancy issues.
(l) In order to gain access to your emergency fund, we require completed profiles for all of your pets with their name, age, weight, breed, and a clear photo. If this information is missing, you will not have access to your emergency fund.