Pawzy Terms of Use

Last Updated: August 23, 2019

PAWZY INC. (“PAWZY” / “WE” / “US”) OWNS AND OPERATES THE WEBSITE LOCATED AT WWW.PAWZY.CO (“WEBSITE”). THESE TERMS OF USE APPLY TO ALL USERS OF THE WEBSITE, INCLUDING USERS WHO UPLOAD ANY MATERIALS TO THE WEBSITE, USERS WHO USE SERVICES PROVIDED THROUGH THIS WEBSITE AND USERS WHO SIMPLY VIEW THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE (“USERS”/ “YOU”).

THESE TERMS OF USE ALSO APPLY TO ANY THIRD PARTY WEBSITE OR SERVICE, SUCH AS A PARTNER BLOG OR SOCIAL MEDIA PLATFORM THAT HOSTS PAWZY CONTENT (SUCH AS THE PAWZY FACEBOOK PAGE).

BY USING THIS WEBSITE AND/OR SERVICE (DEFINED BELOW), YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR SERVICES. THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY PAWZY FROM TIME TO TIME WITHOUT NOTICE AND THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES. YOUR USE AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS. ANY NEW FEATURES THAT MAY BE ADDED TO THIS WEBSITE FROM TIME TO TIME WILL BE SUBJECT TO THESE TERMS OF USE, UNLESS STATED OTHERWISE. YOU SHOULD VISIT THIS PAGE PERIODICALLY TO REVIEW THESE TERMS OF USE.

IN ORDER TO USE CERTAIN FEATURES OF THE WEBSITE, YOU MAY BE REQUIRED TO PROVIDE CERTAIN PERSONAL INFORMATION. ALL PERSONAL INFORMATION YOU PROVIDE TO US WILL BE TREATED IN ACCORDANCE WITH THE TERMS OF OUR PRIVACY POLICY, WHICH IS HEREBY INCORPORATED BY REFERENCE INTO THESE TERMS OF USE.

The Service

Pawzy provides an information and comparison service for pet-related products and services including dog breeders, adoption services, insurance products and veterinary services (collectively, “Pet Products”), to allow Users to compare options and evaluate the advantages and disadvantages of Pet Products in order to select the Pet Products that such Users believe to be best suited to their needs.

Service Disclaimer

By using the Services, you understand and acknowledge that Pawzy provides a platform for Users to get information on and compare third party Pet Products. Pawzy is not a provider or vendor of Pet Products. The information provided on the Website is provided for information purposes only and is not and should not be construed as medical advice or any other kind of advice. Pawzy makes no representations or warranties about the accuracy of any information contained on the Website, and shall not be responsible for any inaccuracies, misrepresentations, errors or omissions in the information provided therein, and some information may not always be up to date. Additionally, some of the information about certain Pet Products appearing on the Website is provided directly by Vendors, not by Pawzy (“Vendor Content”). As between Pawzy and Vendor, Vendors are exclusively responsible for Vendor Content, and Pawzy shall not be responsible for any Vendor Content or for any inaccuracies in any Vendor Content or any losses, claims, expenses, damages, or liabilities that arise as a result of any Vendor Content. Users are strongly encouraged to use common sense and discretion and to do their own research before relying on any of the information provided by the Website, and to consult an independent competent professional (such as, without limitation, a veterinarian) before transacting with any Vendor for any Pet Product. We are not responsible for any advice provided by any professional you consult, nor are we responsible for the acts or omissions of any Vendor or User or for any actual, failed, proposed or discussed transaction following your use of the Services or any other decisions you make as a result of using the Website and/or Services. Users hereby understand and agree to use the information contained on this Website at their own risk.

Registration

You do not need an account in order to view the Website, however if you do not register for an account certain features of the Website, such as breed selector results, will not be available to you. Users have the option to register for a Pawzy account. In order to register for an account, you will be required to provide your personal information such as your name, e-mail, and address. You will also be required to select a username and password. You are responsible for all activity that occurs on your account, so please select a strong password and do not share it with any other individual or entity. Pawzy is not liable for any of the activity occurring on your account, including any unauthorized access to your account. Please notify us immediately if you believe your account has been compromised.

Online Tools

We may offer tools such as a dog breed selector If you use these tools, we collect information you provide (such as your preferred dog size, living situation, etc.) in order to provide you with the features and functions of the tools. Unless you provide consent, none of the information provided will be shared with any other users of the Website or Service.

No Endorsement

Pawzy is not a provider or vendor of Pet Products appearing on the Website. Any and all Pet Products that are listed or referred to on the Website are provided by third party vendors. Pawzy is not affiliated with any of the Vendors and does not endorse any of the Pet Products or other products and services of any Vendor whose products appear on our Website. Any reference to the word “partner” should not be interpreted as Pawzy endorsing any Pet Product of any Vendor appearing on, advertised on, or linked to our Website.

User Eligibility for Pet Products

User understands and agrees that any transaction for any Pet Products is between User and Vendor. Users may not be eligible for any or all of the Pet Products appearing on the Website, and the Vendor, and not Pawzy, is responsible for approving or denying any application for any Pet Products in its sole discretion.

Pawzy Fees

The Website and Service is free for Users; however, Users understand and agree that Pawzy may receive fees for submitting Request Forms or making referrals to certain Vendors and/or our partner organizations.

User Content

All information, data, text, comments, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted to the Website by Users whether in forums or otherwise (“User Content”), is the sole responsibility of such Users. This means that Users, and not Pawzy, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Pawzy does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials that are offensive, indecent or objectionable. Under no circumstances will Pawzy be liable in any way for any materials, including, but not limited to, any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, emailed, transmitted or otherwise made available via the Service.

Restrictions on User Content and Use of the Service. Pawzy reserves the right at all times (but will have no obligation) to remove or refuse to distribute any User Content and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of our users and the public.

In using the Website and/or Service You shall not:

copy any content unless expressly permitted to do so herein;
upload, post, email, transmit or otherwise make available any material that:
is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another's privacy, hateful, or racially or ethnically objectionable, encourages criminal behavior, gives rise to civil liability, violates any law, or is otherwise objectionable;
you do not have a right to make available under any law or under a contractual relationship;
infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
contains any falsehoods or misrepresentations or create an impression that You know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
impersonate any person or entity or misrepresent their affiliation with a person or entity;
interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
collect or store personal data about other users or viewers;
license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website;
modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
register for the Service on behalf of a group or corporate entity.

License of Content

By submitting, posting or displaying User Content on or through the Service, you grant us (and our agents) a non-exclusive, royalty-free license (with the right to sublicense) to use, copy, modify, transmit, display and distribute such User Content. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content that you submit.

End User License

Except for User Content and Vendor Content, this Website, and the information and materials that it contains, including the comparisons and analyses of the Pet Products we provide are the intellectual property and/or proprietary information of Pawzy and its partners and licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Pawzy grants you a non-transferable, non-exclusive, license to (a) use the Website for your use. Nothing in the Terms gives you a right to use the Pawzy or Pawzy names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. Any future release, update, or other addition to functionality of the Website or Pawzy App shall be subject to the terms of these Terms.

Feedback

If You provide Pawzy with any suggestions, comments or other feedback relating to any aspect of the Website and/or Service ("Feedback"), Pawzy may use such Feedback in the Website or in any other Pawzy products or services (collectively, "Pawzy Offerings"). Accordingly, You agree that: (a) Pawzy is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Pawzy, (c) Pawzy (including all of its successors and assigns and any successors and assigns of any of the Pawzy Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Pawzy Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Pawzy or any of the other users of the Website in respect of the Feedback.

Advertising

You acknowledge and agree that the Website may contain advertisements for Vendor Pet Products and other third party products and services. If You elect to have any business dealings with a Vendor or other third party whose products or services may be advertised on the Website, You acknowledge and agree that such dealings are solely between You and such advertiser and You further acknowledge and agree that Pawzy shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.

Links & Third-Party Websites

This Website (including User Content) contains links to other websites that are not owned or controlled by Pawzy, such as our insurance quote partners. In no event shall any reference to any third party, third party product or service, including Vendor Pet Products, be construed as an approval or endorsement by Pawzy of that third party, third party product or service. Pawzy is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Pawzy endorses or accepts any responsibility for the content or use of such websites, and You hereby release Pawzy from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.

While Pawzy does not prohibit linking to third party websites and content, it does not wish to be linked to or from any third-party web site which contains, posts or transmits any of the prohibited content in Section 3 of these Terms of Use. Pawzy reserves the right to prohibit or remove (or require You to remove) any link to the Website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time.

Release

Because we do not supervise or control interactions between Users and Vendors, and because we have very limited control, if any, over the legality, truthfulness or accuracy of various aspects of the Website or Services, You agree that You bear all risk and You agree to release Pawzy. (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Services, Your interactions and transactions with Vendors, Your third party transactions, and our resolution of any disputes between Users. You further waive any and all rights and benefits otherwise conferred by any statutory or non-statutory law of any jurisdiction that would purport to limit the scope of a release or waiver.

DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, PAWZY APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED "AS IS." Pawzy SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. PAWZY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND PAWZY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY. PAWZY WILL NOT BE LIABLE FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL PAWZY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, PAWZY APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR Pawzy APP, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR MATERIALS PROVIDED BY THIRD PARTIES, INCLUDING VENDORS, AND OUR CREDIT PARTNERS, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF Pawzy HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PAWZY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY U.S. DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID Pawzy IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

INDEMNIFICATION

YOU SHALL INDEMNIFY AND HOLD PAWZY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) INCURRED IN CONNECTION WITH ANY MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE SERVICE AND/OR ANY VIOLATION BY YOU OF THESE TERMS OF USE.

Termination

Pawzy may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of these Terms of Use or any other agreement that You may have with Pawzy (including, without limitation, non-payment of any fees owed in connection with the website or otherwise owed by You to Pawzy), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. Termination of Your access to the Website may also include removal of some or all of the materials uploaded by You to the Website. You acknowledge and agree that all terminations may be made by Pawzy in its sole discretion and that Pawzy shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of these terms of use by Pawzy shall be in addition to any and all other rights and remedies that Pawzy may have.

Availability & Updates

Pawzy may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Pawzy may periodically add or update the information and materials on this Website without notice.

Security

Information sent or received over the Internet is generally unsecure and Pawzy cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Pawzy will not be liable for any loss or damage arising from your failure to comply with these requirements.

General

These Terms of Use, together with any Privacy Policy that may be published on the Website, constitutes the entire agreement between the parties relating to the Website and Service and all related activities. These Terms of Use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by Pawzy. If any part of these Terms of Use is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of Pawzy to exercise or enforce any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Pawzy must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without Pawzy’s prior written consent. These Terms of Use are governed by the laws of the Province of Ontario and the Federal Laws of Canada applicable therein, without regard to conflicts of laws provisions. In the event of any dispute or proceeding the parties hereby agree to attorn to the exclusive jurisdiction of the Courts of the Province of Ontario, in the city of Toronto Ontario.

If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Pawzy App or Service, please contact us at: hello@pawzy.co.

Term of Use | Pawzy