Terms of Use

AGREEMENT BETWEEN USER AND NEXTDAYPETS.COM. This Web site, https://www.nextdaypets.com (referred to as the "Site") is offered to You by Pet Media, Inc., a Delaware Corporation (referred to as "Pet Media"), on the condition that you, the User (referred to as "You," "Your," or "Buyer"), accept the terms, conditions, and notices (collectively referred to as the "Terms" or "TOS") contained on this page and other pages of this Site. The term "Seller" as used herein refers to the Breeder, and the term "Pet" refers to the Pet advertised on the Site by a Seller.

YOU AGREE TO READ THE TOS CAREFULLY BEFORE USING THE SITE. BY USING THE SITE, YOU AGREE TO BE BOUND BY THE TOS AND TO COMPLY WITH ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE SITE. YOU MAY NOT ACCESS OR USE THIS SITE UNLESS YOU AGREE TO THE TERMS.

Pet Media provides its services to You subject to the following TOS and reserves the right to change the TOS at any time at its sole discretion without prior notice to you. You can review the most current version of the TOS at any time at www.nextdaypets.com/terms.aspx.

For Sellers: Sellers using the Site to list and sell pets, additional terms and conditions apply. Sellers must adhere to all terms and policies provided at https://www.petmedia.com/breeder-terms-of-use (collectively, "Seller Terms”). By using the Site as a Seller, you agree to be bound by both the general Terms of Service (TOS) and the Seller Terms. In the event of any conflict between these TOS and the Seller Terms, the Seller Terms will govern.

Transactions: All interactions, agreements, or actions made through the Service related to the adoption, sale, or purchase of pets, including but not limited to listing pets, negotiating terms, completing sales, and addressing any legal matters arising from these activities.

BY AGREEING TO THESE TERMS, YOU EXPRESSLY UNDERSTAND THAT YOU ARE WAIVING CERTAIN LEGAL RIGHTS. THESE INCLUDE, BUT ARE NOT LIMITED TO: (i) YOUR RIGHT TO PARTICIPATE IN ANY FORM OF CLASS ACTION OR REPRESENTATIVE PROCEEDING AGAINST PET MEDIA, INC.; (ii) YOUR RIGHT TO RESOLVE DISPUTES IN COURTS OTHER THAN THOSE LOCATED IN BERKELEY COUNTY, SOUTH CAROLINA; (iii) YOUR RIGHT TO SEEK LEGAL RELIEF AGAINST PET MEDIA, INC. BEYOND THE LIMITATIONS SPECIFIED IN THESE TERMS; AND (iv) ANY CLAIMS OF NEXUS OR LEGAL RELATIONSHIP BETWEEN PET MEDIA AND THIRD-PARTY PARTNERS OR PROVIDERS ENGAGED THROUGH THE SERVICE.

YOU FURTHER AGREE THAT ALL DISPUTES WILL BE RESOLVED THROUGH INDIVIDUAL LITIGATION IN THE COURTS OF BERKELEY COUNTY, SOUTH CAROLINA, AS DESCRIBED IN SECTIONS 23 AND 24 BELOW. IN ADDITION, YOU AGREE THAT THE PREVAILING PARTY IN ANY DISPUTE WILL BE ENTITLED TO RECOVER REASONABLE ATTORNEY'S FEES AND COSTS. PLEASE READ THESE SECTIONS CAREFULLY, AS THEY AFFECT YOUR LEGAL RIGHTS.

Pet Media provides Users with pet locating services (the "Service") that facilitate connections between various parties, including Buyers, Sellers, third-party Transporters, and third-party financing providers, through the Site. The Service encompasses all the features and functionalities available on the Site.

Users understand and agree that the Service may include advertisements, which are necessary for Pet Media to provide the Service. Any new features that augment or enhance the current Service, including the release of new Pet Media properties, shall be subject to these Terms.

Pet Media acts solely as a facilitator between the Parties to ensure the well-being of each Pet and to prevent fraud. Pet Media is not a retailer of Pets and never takes physical possession of the Pet at any point in time during or prior to the transaction. Additionally, Pet Media does not perform any physical inspection of the Pet. Each Seller operates independently as the Seller of record, and Buyers are responsible for interviewing the Seller before making a reservation. Pet Media’s Service allows Buyers to conduct their own due diligence before making a payment. Both Buyers and Sellers have distinct roles within the Service. Buyers are responsible for researching and understanding the risks and known characteristics of the breed they are interested in, as well as conducting interviews with Sellers. Sellers are responsible for providing accurate and comprehensive information about the Pets they are listing and for conducting interviews with Buyers. Upon a Buyer making a reservation, the Seller must review and either accept or decline the Pet reservation request and subsequent payment and associated risks. Submitting payment does not constitute a guarantee of securing the Pet. The final confirmation of the Pet reservation is subject to the Seller's review and acceptance of the reservation request.

The information posted on the Site is provided by the Sellers. Pet Media relies on the accuracy and completeness of the information provided by the Sellers. Buyers, by using our Service, have the opportunity to perform their own due diligence and ask questions to the Sellers to ensure they have all necessary information before proceeding.

Pet Media's Service is designed to strive for a safe adoption process between Buyers, Sellers, and optionally, third-party Transporters and financing providers. Pets advertised for sale are sold as-is, except as expressly set forth within the PetPay Health Guarantee ("Health Guarantee") for which its terms are fully incorporated herein by reference only on the Site. Pet Media makes no representations, warranties, covenants, agreements, or guarantees, including, without limitation, those relating to disposition, conformation, results of DNA testing, size, weight, color, or markings of the Pet.

You understand and agree that the Service is provided "AS-IS".

It is free to browse and connect with Sellers. Joining Pet Media to advertise a Pet for sale or for adoption is free. It is also free to browse. A fee is added to the sale of each Pet.

Pet Media may change the fees for the Service at any time. The changes to the policy are effective immediately after Pet Media posts the policy to the site with or without prior notice to You the user. When browsing the Site, the User has the opportunity to review and accept the fees that will be charged for the use of Pet Media's Service. When You purchase services or products that are for a specified amount of time, You are bound to the agreement. Termination of the agreement will only be authorized if Pet Media is at fault. This is to protect the interests of Pet Media and other customers of Pet Media. Shall You issue a chargeback for services rendered Pet Media may engage in collection efforts to recover such amounts from you. You will be liable for our costs associated with collection in addition to the amount owed, including without limitation attorneys' fees and expenses, costs of any arbitration or court proceeding, collection agency fees, and any applicable interest including a $25 collection processing fee.

Pet Media may change any or all of its Services at any time. Pet Media reserves the right to modify these TOS at any time. Changes will be effective when posted on the Site. Continued use of the Service constitutes acceptance of the revised TOS. In the event Pet Media introduces a new Service, the fees associated to that Service are effective at the launch of the Service. Users agree that Pet Media shall not be liable to You the user or to any third party for any modifications, suspension, or discontinuance of the Service.

5.1 Overview. The Site acts as a venue for communication between potential Buyers and Sellers electronically. Pet Media has no control over any aspects of the listings, the truth or accuracy of the listings, or the ability of Sellers to complete the transaction or the ability of Buyers to complete the transaction or the statements or feedback added to The Site about or concerning Your business or business practices. Listings, feedback or any other material posted on the Site do not imply an endorsement by Pet Media.

5.2 Release. In the event that You have a dispute with one or more users, You release Pet Media (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §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 acknowledge and agree that communications and transmission to and from Pet Media Web site are not confidential. There is no confidential, fiduciary, contractually implied or other relationship created between You and Pet Media other than as stated in these Terms. You agree that no joint venture, partnership, employment or agency relationship exists between You and Pet Media as a result of these Terms or use of this Web site. Reviews posted on the Site do not imply endorsement by the Site, they are the sole expressed views of the original poster. For more information on laws limiting the liability of websites from written remarks posted on its site by third parties, please visit these Web sites: Legal Information Institute and FindLaw.com.

In consideration of the use of the Service, You the User: (a) certify that You are at least 18 years of age (b) agree to provide true, accurate, current and complete information about yourself as prompted by the Service's forms (such information being the "Membership Data" or "Contact Information") and (c) maintain and promptly update the Membership Data to keep it true, accurate, current and complete. If You provide any information that is untrue, inaccurate, not current or incomplete, or Pet Media has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Pet Media has the right to suspend or terminate Your account and refuse any and all current or future use of the Service (or any portion thereof). If You do not qualify, then please do not use our Services.

You may be assigned an account upon completing the Service's membership process. You are responsible for maintaining the confidentiality of the password You created and account You have access to, and are fully responsible for all activities that occur under Your password or account. You agree to (a) immediately notify Pet Media of any unauthorized use of Your password or account or any other breach of security, and (b) ensure that You exit from Your account at the end of each session. Pet Media cannot and will not be liable for any loss or damage arising from Your failure to comply with this Section 7.

You understand that all information, data, text, photographs, graphics, images, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Pet Media, are entirely responsible for all Content that You upload, post, email, transmit or otherwise make available via the Service. Pet Media does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, You may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Pet Media be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You warrant to Pet Media that You will not use Pet Media's Service or its Site for any purpose that is unlawful or prohibited by the TOS in these Terms and on the Site.

You agree to not use the Service to:

a. Post, upload, email or otherwise transmit any Content or material that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, disruptive to the site, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a Pet Media official, review leader, guide or host, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Site and its Service;
e. post, upload, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation except as otherwise expressly authorized by Pet Media;
f. post, upload, email, transmit or otherwise make available any Content that You do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. post, upload, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. post, upload, email, transmit or otherwise make available any material that 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;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; or
m. collect or store personal data about other users;
n. advertise Pet products or anything other than a dog in the Dog Rescue/For Sale/Wanted sections.

You acknowledge that Pet Media does not pre-screen Content, but that Pet Media shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, Pet Media shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that You must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, You acknowledge that You may not rely on any Content created by Pet Media or submitted to Pet Media, including without limitation information in Pet Media.

You acknowledge and agree that Pet Media may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Pet Media, its users and the public.

Without limiting any other remedies, Pet Media may suspend or terminate Your account if You are found (by conviction, settlement, insurance or escrow investigation, or otherwise) to have engaged in fraudulent activity in connection with Pet Media's Site and its Services.

You understand that the technical processing and transmission of the Service, including Your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Pet Media may, in its sole discretion, deny any user access to the Site or any portion of the Site without notice.

Users may arrange and attend online virtual meetings or in-person meetings ("Meetings") with one or more individuals. Users are solely responsible for interactions with others. Users must comply with Pet Media policies and acknowledge and agree to comply with the laws of the city, county, and country in which the Meeting occurs. Additional eligibility requirements for a particular group or Meeting may be set by the group's contact person. Pet Media is not involved with user-generated groups, the groups' requirements, or the Meetings unless scheduled via a Pet Media-administered Zoom session.

Pet Media is not liable for any action or harm resulting from any in-person or online Meeting, whether generated by Pet Media or by Users. This includes but is not limited to any interactions, communications, or agreements made during such Meetings. Users acknowledge that Pet Media does not conduct background checks of any individuals involved in Meetings and expressly disclaims any responsibility for the safety or conduct of participants.

Users agree to indemnify and hold harmless Pet Media, its affiliates, officers, directors, employees, and agents from and against any and all claims, damages, liabilities, and expenses (including reasonable attorneys' fees) arising out of or in connection with their use of Meetings or interactions with other Users. This indemnification obligation is governed by Section 22 (INDEMNITY) of these Terms.

Pet Media makes no warranties, express or implied, regarding the success, safety, or quality of any Meeting. Users acknowledge and agree that they participate in Meetings at their own risk and refer to Section 18 (DISCLAIMER OF WARRANTIES).

This section is subject to and does not alter or limit the provisions outlined in Sections 22 (INDEMNITY), 18 (DISCLAIMER OF WARRANTIES), and 19 (LIMITATION OF LIABILITY) of these Terms.

11.1 Ownership: All intellectual property rights, including but not limited to copyrights, trademarks, patents, trade secrets, and know-how, related to the Service and its content are owned by or licensed to Pet Media, Inc. All contents of the Site are Copyright © Pet Media, Inc. and/or its suppliers. All rights reserved.

11.2 User Submissions: By submitting content to the Service, You grant Pet Media, Inc. a non-exclusive, royalty-free, worldwide license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content in any media now known or hereafter developed.

11.3 No License: Except as expressly granted herein, no right or license is granted to You under these Terms to any patent, copyright, trademark, trade secret or other intellectual property of Pet Media, Inc. or any third party.

11.4 Personal and Non-Commercial Use: The Service and Site are intended for Your personal and non-commercial use only. You agree not to resell, reproduce, modify, distribute, publish, transmit, license, display, duplicate, copy, sell, or exploit any portion of the Site or the Service for commercial purposes without express permission from Pet Media, Inc. Any use of the Site or Service that violates these terms or is for commercial gain without proper authorization is strictly prohibited.

11.5 General Practices Regarding Use: You acknowledge that Pet Media, Inc. may establish general practices and limits concerning Your use of the Service, including but not limited to limits on the amount of data You can upload, the retention period of content, and the frequency of access. Pet Media, Inc. is not responsible for any loss or deletion of data or communications. Pet Media, Inc. reserves the right to modify these practices and limits at its discretion, with or without notice.

11.6 Pet Media Proprietary Rights: You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that content contained in sponsor advertisements or information presented to You through the Service or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Pet Media, Inc. or advertisers, You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service or the Software, in whole or in part.

Pet Media, Inc. grants You a personal, non-transferable, and non-exclusive right and license to use the object code of its Software on a single computer; provided that You do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in, or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Pet Media, Inc. for use in accessing the Service.

11.7 Copyright and Trademark Notices: All contents of the Site are Copyright © Pet Media, Inc., and/or its suppliers. All rights reserved. Pet Media, Inc., Pet Media, Inc. logo, trademarks and service marks, and other Pet Media, Inc. logos and product and service names are trademarks of Pet Media, Inc. (the "Pet Media, Inc. Marks"). Without Pet Media, Inc.'s prior permission, You agree not to display or use in any manner, Pet Media, Inc. Marks, except as outlined in our Trademark Policy. Please note: Any third-party trademarks are the property of their respective companies.

For issues regarding any intellectual property which is not exclusively owned by Pet Media, Inc., please refer to Pet Media, Inc.'s Copyright and Intellectual Property Policy. For guidelines on appropriate usage of Pet Media, Inc.'s trademarks, refer to our Trademark Policy.

The user's information (referred to as "Your Information") is defined as any information You provide to us in the registration, the listing process, through email, or information collected in monitoring Your usage of Pet Media's Site. You are solely responsible for Your Information, and we act as a passive conduit for Your online distribution and publication of Your Information. It is Pet Media's policy to take reasonable measures to respect the privacy of the Site users. Pet Media will take reasonable measures not to disclose the contents of Your communications unless required to do so by law or in the good faith belief that such action is reasonably necessary to: (i) conform to the edicts of the law or comply with legal process served on the Site; (ii) protect and defend the rights or property of Pet Media or enforce or further the application or intent of these Terms; or (iii) act to protect the personal safety of Site participants or the public.

At no point will we release Your personally identifiable information to other parties for promotions and solicitations for their goods or services that may be of interest to Service members. However, by accepting these Terms, You expressly consent to such use and disclosure of non-personally identifiable information. Please note that Pet Media maintains the right to send You periodic updates as Pet Media deems necessary. Also note that if You provide any information to other parties, or any other sites You encounter on the Site or the Internet, different rules may apply to their use or disclosure of the personal information You disclose to them. We may, however, use and disclose general data and/or statistical data that includes data about You and/or Your listings to provide better service to You and other users, among other reasons. Pet Media won't share Your phone number with non-affiliated third parties for their purposes without Your consent, but may share Your phone numbers with our Family of Companies or with our service providers, such as billing or collections companies, who may contact You using autodialed or prerecorded message calls or text messages. Standard telephone minute and text charges may apply if we contact you.

Pet Media reserves the right to use, analyze, aggregate, and repurpose information and content provided by Sellers or Users for service improvements, compliance, data reporting, transaction processing, PETFAX-related services, and internal product development, provided that no personally identifiable information (PII) of Buyers will be disclosed publicly without consent except as necessary to complete transactions or as otherwise permitted by the Privacy Policy.

With respect to Your Information:

12.1 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of illegal or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (g) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (h) shall not link directly or indirectly to or include descriptions of goods or services that: (i) are prohibited under this TOS agreement. Furthermore, You may not place a listing on Pet Media's Site (or consummate any transaction that was initiated using our service) that could cause us to violate any applicable law, statute, ordinance, or regulation.

12.2 The Privacy Policy is incorporated into these Terms. Please read our Privacy Policy: here.

12.3 Affiliated Data Use: You acknowledge and agree that Pet Media, Inc. may share or process data collected through the Site with its affiliated companies, including PetPay, Inc., solely for purposes related to providing services, processing transactions, customer support, compliance, operational analytics, internal reporting, or legal obligations. Such data sharing will remain subject to this Privacy Policy and the safeguards described herein. No material changes to data ownership or user obligations are created by this provision.

We value our customers and strive to treat everyone with the utmost respect. Adopting a pet can be an emotional process, and it is crucial for all parties involved to maintain a level of professional courtesy and behavior. To ensure a smooth and respectful experience, all Users are required to adhere to the following Code of Conduct:

• Respect all parties involved.
• Complete payments to Seller on time. Late payments or non-payment are considered liquidated damages as a pet has a limited timeframe to find a new home. The Seller's expected revenue and time are impacted, and damages or costs resulting from delays are difficult to predict.
• Understand that a pet's best interest and well-being will always come first. We prioritize the pet's welfare over any human desires, schedules, or expectations. This approach applies to all parties involved, including customers, breeders, representatives, and third-party transporters.
• Respect our processes and protocols, which are designed to ensure the pet's well-being.
• Refrain from addressing any party in a loud, disrespectful, or abusive manner. Maintain control of Your emotions and avoid abusive language, profanity, threats, and hostile remarks.
• Understand that harassment, excessive demands, or threats during the adoption process will result in default and breach of contract.
• Recognize that decisions regarding the pet's well-being may impact travel arrangements, and such decisions or delays are not grounds for cancellation with recourse.
• Be aware that all communications, including email, text (SMS), phone calls, and video conferencing, may be recorded and catalogued.
• Understand that delays may occur during the adoption process, and such delays are not grounds for cancellation with recourse.
• Acknowledge that while You have reserved the pet, ownership remains with the breeder until You take physical possession of the pet. You are subject to the breeder’s schedule until ownership is transferred.
• Understand that requests for updated photos or videos may take time and may not always be granted. Approved requests may take up to 10 days, and such requests are not grounds for cancellation with recourse.
• Recognize that weather and climate conditions can impact the release of a pet, particularly during extreme temperatures.
• Understand that a pet may experience stress-related symptoms such as diarrhea, cough, or parasite flare-ups when leaving its environment, despite having a clean bill of health.
• Be aware that parasites are common in puppies, and deworming is a standard procedure.
• Understand that infractions of our Code of Conduct Policy will be considered indicators of the effectiveness and responsibility of pet ownership.

By using the Service and engaging in pet adoption services provided by Pet Media, You acknowledge and accept the inherent risks associated with pet adoption and pet ownership. These risks include, but are not limited to, the following:

14.1 Health and Behavioral Risks:

• Potential health issues with adopted pets, including undiagnosed or latent medical conditions.
• Behavioral issues with adopted pets, including animal attacks and bites, that may result in injury to persons, other animals, or damage to personal or private property.
• Pets may exhibit unpredictable behavior, regardless of breed or temperament.
• Risk of allergic reactions by any household member.

14.2 Transportation and Introduction Risks:

• Potential hazards during transportation, including accidents or delays.
• Risks associated with introducing a new pet into a household, including possible injury to persons, other animals, or damage to personal or private property.
• Potential for loss or theft of the pet during transportation or at any other point in the adoption process.

14.3 Financial Risks:

• Financial risks associated with pet adoption and ownership. This includes, but is not limited to, expenses for veterinary care, pet training, and other costs related to the care and well-being of the pet. These risks encompass both anticipated and unexpected costs, whether emergent or routine, as well as ordinary and extraordinary expenses that may arise during the life of the pet.

14.4 Acknowledgement of Warranties:

You acknowledge that Pet Media makes no representations or warranties regarding the health, behavior, or suitability of any pet for adoption, as detailed in Section 18 (DISCLAIMER OF WARRANTIES). You agree to assume all risks and responsibilities associated with pet adoption and ownership, including the costs of any medical treatment, training, or other care that may be required. You assume full responsibility for the pet's behavior and actions from the moment of taking posession.

14.5 Acknowledgement of Indemnification:

You agree to release and hold harmless Pet Media, its affiliates, officers, directors, employees, agents, and third-party partners from any and all claims, damages, losses, or expenses arising out of or related to the adoption, ownership, or care of any pet adopted through the Service, as outlined in Section 22 (INDEMNITY).

14.6 Acknowledgement of Limited Liability:

To the fullest extent permitted by applicable law, You acknowledge and agree that Pet Media's total liability to You for any claims arising from or related to the use of the Service or the adoption, ownership, or care of any pet shall be limited as set forth in Section 19 (LIMITATION OF LIABILITY).

At Pet Media, we are dedicated to providing a safe marketplace that connects pet enthusiasts with Sellers and Service providers. We strive to uphold certain standards and ensure that all Sellers listed on our platform adhere to specific criteria. However, it is important to clarify the extent of our involvement and the responsibilities of users when interacting with Sellers.

Regulatory Oversight: Pet Media relies on state and federal regulatory agencies to enforce laws and standards concerning the breeding and sale of pets. These agencies conduct onsite inspections and ensure compliance with legal requirements. While we support and value these regulatory frameworks, our role does not include conducting personal inspections or assessments of breeders or their facilities.

Platform Standards: We require breeders to meet specific criteria to be included on our platform, but this does not equate to an official vetting process or an endorsement of breeders or their practices. Our involvement is limited to providing a space for transactions and facilitating connections between Buyers and Sellers. Any information provided by a Seller is their responsibility, and we do not endorse or verify the accuracy of such details.

Due Diligence: We encourage all users to perform their own due diligence when considering a purchase and interview each other. We advise users to seek additional information and make informed decisions based on their own assessments.

Descriptive Terms: Any terms used to describe the Service or Sellers on the Platform, including but not limited to "vetted," "vetting," "hand-picked," or similar language, shall be understood as relating solely to the scope of these Terms. Such terms do not imply any formal inspection, endorsement, or guarantee of the quality, fitness, or suitability of any breeders or pets listed on our platform beyond what is explicitly stated in these Terms.

By using our Platform, You acknowledge that our primary function is to facilitate connections and that we do not assume responsibility for the actions or representations of Sellers.

Dealings with Advertisers: Your interactions or transactions with advertisers found on or through our Service, including correspondence, participation in promotions, payments, and delivery of related goods or services, are solely between you and the advertiser. Pet Media is not responsible for any loss or damage incurred as a result of these dealings or the presence of such advertisers on our Service. Any terms, conditions, warranties, or representations related to these transactions are entirely the responsibility of the advertiser.

External Links: Our Service may include links to other websites or resources provided by third parties. Pet Media does not control these external sites or resources and is not responsible for their availability. We do not endorse, and are not liable for, any content, advertising, products, or other materials available on or through these sites or resources. You acknowledge and agree that Pet Media is not liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services from these external sites or resources.

What is Spam?
Spam refers to unsolicited and irrelevant email messages sent to individuals without their consent. There are two primary types of spam:

• Unsolicited Personal Emails: Emails sent by individuals to people they do not know personally.
• Unsolicited Commercial Emails: Emails sent by organizations to individuals who have not expressed a desire to receive such communications.

Zero Tolerance for Spam
Pet Media has a strict zero-tolerance policy regarding spam. Any complaints about spam will be taken seriously. Actions resulting from spam complaints may include the loss of referral credits, as well as potential suspension or termination of the Users account. It is imperative that You do not send spam on behalf of Pet Media.

Reporting Spam to Pet Media
If You receive unsolicited emails that You believe to be spam and are associated with Pet Media, please report them to us by forwarding the email to support@nextdaypets.com.

Our Response to Spam Reports
Upon receipt of a spam complaint, we will:

• Remove the email address provided from our own sales-related communications.
• Investigate the source of the spam and take appropriate disciplinary actions against the responsible party.

18.1 General Disclaimer: YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PET MEDIA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY WARRANTIES REGARDING THE FITNESS OR ABILITY OF USERS TO TRANSACT OR ENGAGE IN PET SALES.

18.2 Service Performance: PET MEDIA MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) RESULTS OBTAINED FROM THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIALS WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

18.3 Fitness and Ability: PET MEDIA MAKES NO WARRANTY REGARDING THE FITNESS, ABILITY, OR CAPACITY OF USERS TO ENGAGE IN TRANSACTIONS INVOLVING PET SALES, OR THE VALIDITY OF ANY THIRD-PARTY AGREEMENTS, PROMISES, OR COMMUNICATIONS. PET MEDIA DOES NOT TAKE PHYSICAL POSSESSION OR INSPECT PETS AND MAKES NO WARRANTIES REGARDING THEIR CONDITION, SUITABILITY, OR FITNESS.

18.4 Pet Sales: PET MEDIA MAKES NO WARRANTY REGARDING THE HEALTH, QUALITY, LEGALITY, OR SUITABILITY OF ANY PET SOLD OR PURCHASED THROUGH THE SERVICE. ALL PET SALES ARE CONDUCTED DIRECTLY BETWEEN USERS, AND PET MEDIA IS NOT LIABLE FOR ANY CLAIMS RELATED TO SUCH TRANSACTIONS, INCLUDING BUT NOT LIMITED TO CLAIMS RELATED TO THE HEALTH, BEHAVIOR, OR LEGAL STATUS OF THE PET. THIS INCLUDES CLAIMS RELATED TO INJURIES OR DAMAGES AS MENTIONED IN SECTION 14 (ACKNOWLEDGEMENT OF RISK) AND SECTION 10 (MEETINGS).

18.5 Third-Party Services: PET MEDIA MAKES NO WARRANTY REGARDING ANY THIRD-PARTY SERVICES, INCLUDING BUT NOT LIMITED TO TRANSPORTATION SERVICES, VETERINARY SERVICES, THIRD-PARTY FINANCING, OR ANY OTHER SERVICES PROVIDED BY THIRD PARTIES IN CONNECTION WITH THE SERVICE. ANY ISSUES ARISING FROM SUCH THIRD-PARTY SERVICES MUST BE ADDRESSED DIRECTLY WITH THE RESPECTIVE SERVICE PROVIDER.

18.6 Limitation of Information: ANY INFORMATION OR ADVICE PROVIDED BY PET MEDIA OR THROUGH THE SERVICE DOES NOT CREATE ANY WARRANTY OR REPRESENTATION AND IS PROVIDED SOLELY FOR EDUCATIONAL PURPOSES. PET MEDIA DISCLAIMS ANY LIABILITY FOR ANY DECISIONS MADE BASED ON SUCH INFORMATION OR ADVICE.

18.7 No Guarantees of Transaction Outcomes: PET MEDIA DOES NOT GUARANTEE ANY SPECIFIC OUTCOMES FROM THE USE OF THE SERVICE, INCLUDING BUT NOT LIMITED TO THE SUCCESSFUL SALE OR PURCHASE OF PETS, THE SATISFACTION OF ANY PARTY TO A TRANSACTION, OR THE LONG-TERM HEALTH OR BEHAVIOR OF ANY PET.

19.1 General Limitation: YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, PET MEDIA AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OTHER INTANGIBLE LOSSES, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF REPUTATION, COSTS OF REPLACEMENT GOODS OR SERVICES, COSTS OF INVESTIGATION OR LITIGATION, COSTS OF RECOVERY OR MITIGATION, OR ANY OTHER COSTS, LOSSES, EXPENSES, OR DAMAGES (EVEN IF PET MEDIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR IN CONNECTION WITH: (i) YOUR USE OR INABILITY TO USE THE SERVICE OR PLATFORM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED, OR MESSAGES RECEIVED, OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR PLATFORM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE SERVICE OR PLATFORM; OR (v) ANY OTHER MATTER RELATING TO YOUR USE OF THE SERVICE OR PLATFORM.

19.2 Maximum Liability: EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, IN NO EVENT SHALL PET MEDIA'S TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICE OR PLATFORM, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EXCEED THE TOTAL AMOUNT PAID BY YOU TO PET MEDIA FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, OR OTHER TORTS, AND SHALL INCLUDE ANY REASONABLE ATTORNEY'S FEES, COURT COSTS, AND EXPENSES INCURRED IN CONNECTION WITH SUCH CLAIMS.

19.3 Aggregate Liability: PET MEDIA’S AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE OR PLATFORM SHALL BE STRICTLY LIMITED TO THE AMOUNT PAID BY YOU TO PET MEDIA FOR THE SPECIFIC SERVICE DIRECTLY CAUSING THE CLAIM. THIS LIMITATION APPLIES REGARDLESS OF THE NATURE OF THE CLAIM, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY.

19.3 Exceptions: THE LIMITATIONS AND EXCLUSIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL NOT APPLY TO TO PET MEDIA'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER LIABILITY THAT CANNOT BE LAWFULLY EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Third-Party Financing Disclaimer

Pet Media does not directly provide financing or pet leasing services. Any financing or leasing options accessible through the Service are offered exclusively by third-party lenders. Pet Media’s role is limited to facilitating access to these third-party financing options and does not include endorsement or recommendation of any specific lender or agreement. Pet Media does not receive additional compensation from lenders for providing access to their services. Any financing term examples that are displayed on the site are that of financing options and shall not be confused as lease terms or vice versa.

Disclaimer of Liability and Indemnification

Pet Media disclaims any and all liability for any claims, losses, or damages arising from Your engagement with third-party lenders. Any communications or information provided by Pet Media regarding financing options are solely for informational purposes and should not be interpreted as an endorsement or recommendation.

Pet Media's involvement in facilitating access to financing options or collecting and disbursing funds does not create a nexus or legal relationship between Pet Media and any financing or leasing agreements You enter into. By using Pet Media's Service to access financing options, You agree to waive any claims of nexus and release Pet Media from any associated liabilities. You acknowledge and agree that Pet Media is not responsible for any financing or leasing agreements You may enter into and release Pet Media from any liability related to such agreements.

Buyer shall indemnify and defend Pet Media, its affiliates and subsidiaries, and their respective representatives, employees, and agents against, and hold them harmless from, any and all losses incurred or sustained by, or imposed upon, Pet Media or its affiliates based on, arising out of, related to, or by reason of: (a) any breach or non-fulfillment of any covenant, agreement, or obligation to be performed by a third-party lender; or (b) any claim based upon, resulting from, or arising out of the business, operations, or obligations of any third-party lender.

Any financing term examples that are displayed on the site are specific to financing options provided by specific lenders and shall not be confused with lease terms, and vice versa. This distinction is critical and must be clearly understood to avoid any confusion or misinterpretation.

Understanding of Financing Terms

It is Your responsibility to read and understand all terms of any financing or lease agreement. You should seek legal or financial advice to ensure You fully understand the terms of any financing, leasing, or installment loan agreement You enter into with a third-party lender. Pet Media is not responsible for ensuring Your understanding of those terms and You waive any rights and Pet Media's liability in this regard.

By using Pet Media's Service to access financing options, You confirm that You have read and understood the terms of Your financing or lease agreement and have had an opportunity to seek legal review.

Integration with Other Liability Provisions

This section is subject to and does not alter or limit the provisions outlined in Sections 22 (INDEMNITY), 18 (DISCLAIMER OF WARRANTIES), and 19 (LIMITATION OF LIABILITY) of this agreement. All terms and conditions outlined in these sections continue to apply and govern Your use of third-party financing services, as well as any related claims.

Third-Party Transport Disclaimer

Pet Media does not directly provide transport services. Any transport services accessible through the Service are offered exclusively by third-party providers. Pet Media’s role is limited to facilitating Your access to these third-party transport options and assisting in the logistics and planning of pick-up and delivery. Pet Media is not involved in, nor does it endorse or recommend, any specific transport providers.

Disclaimer of Liability and Indemnification

Pet Media disclaims any and all liability for any claims, losses, or damages arising from Your engagement with third-party transport providers. Any communications or information provided by Pet Media regarding transport options are solely for informational purposes and should not be interpreted as an endorsement or recommendation.

Buyer shall indemnify and defend Pet Media, its affiliates and subsidiaries, and their respective representatives, employees, and agents against, and hold them harmless from, any and all losses incurred or sustained by, or imposed upon, Pet Media or its affiliates based on, arising out of, related to, or by reason of: (a) any breach or non-fulfillment of any covenant, agreement, or obligation to be performed by a third-party transport provider; or (b) any claim based upon, resulting from, or arising out of the business, operations, or obligations of any third-party transport provider.

Acknowledgment of Risks

You understand and accept the risks involved in transporting a Pet, including potential delays, health risks to the Pet, and other unforeseen issues. Pet Media does not guarantee or warrant the safety or well-being of the Pet during transport.

No Physical Possession

Pet Media never takes physical possession of the Pet at any point during the transaction or prior to it. There is no physical inspection by Pet Media at any point in time.

Integration with Other Liability Provisions

This section is subject to and does not alter or limit the provisions outlined in Sections 22 (INDEMNITY), 18 (DISCLAIMER OF WARRANTIES), and 19 (LIMITATION OF LIABILITY) of this agreement. All terms and conditions outlined in these sections continue to apply and govern Your use of transport services, as well as any related claims.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PET MEDIA, INC., ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, DAMAGES, LIABILITIES, AND EXPENSES (INCLUDING REASONABLE ATTORNEY FEES) ARISING FROM YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER USERS, INCLUDING BUT NOT LIMITED TO:

• BREACHES OF TERMS: ANY VIOLATION OF THESE TERMS, INCLUDING INACCURACIES IN LISTINGS AND LEGAL ISSUES RELATED TO TRANSACTIONS.
• PET CONDITION OR HEALTH: CLAIMS RELATED TO THE HEALTH OR CONDITION OF PETS LISTED THROUGH THE SERVICE.
• USER DISPUTES: ANY DISPUTES OR CLAIMS ARISING BETWEEN USERS, INCLUDING BUT NOT LIMITED TO:
  • DISAGREEMENTS OVER THE TERMS AND CONDITIONS OF TRANSACTIONS.
  • MISREPRESENTATION OF PET INFORMATION OR OTHER TRANSACTION-RELATED DETAILS.
  • CONFLICTS OVER THE FULFILLMENT OF OBLIGATIONS OR TERMS AGREED UPON IN PET ADOPTION OR RELATED SERVICES.
  • CLAIMS RELATED TO USER INTERACTIONS OR COMMUNICATIONS THAT RESULT IN HARM OR DAMAGES.
• MEETINGS: CLAIMS RELATED TO IN-PERSON OR ONLINE MEETINGS, INCLUDING BUT NOT LIMITED TO INTERACTIONS, COMMUNICATIONS, OR AGREEMENTS MADE DURING SUCH MEETINGS (SEE SECTION 10 (MEETINGS)).
• RISK: CLAIMS RELATED TO RISKS ACKNOWLEDGED IN SECTION 14 (ACKNOWLEDGMENT OF RISK), INCLUDING HEALTH, BEHAVIORAL, FINANCIAL RISKS, ANIMAL ATTACKS AND BITES, PHYSICAL INJURIES, AND PERSONAL PROPERTY DAMAGES.
• THIRD-PARTY TRANSPORT: CLAIMS RELATED TO THIRD-PARTY TRANSPORT SERVICES, INCLUDING PET HEALTH AND SAFETY, AND FINANCIAL RISKS ASSOCIATED WITH VETERINARY CARE DURING TRANSPORT (SEE SECTION 21 (THIRD-PARTY TRANSPORT SERVICES AND LIABILITY TERMS)).
• THIRD-PARTY FINANCING: CLAIMS RELATED TO THIRD-PARTY FINANCING AS DETAILED IN SECTION 20 (THIRD-PARTY FINANCING AND LIABILITY TERMS).
• ERRORS/OMISSIONS: CLAIMS RELATED TO ERRORS OR OMISSIONS IN INFORMATION PROVIDED THROUGH THE SERVICE (SEE SECTION 30 (ERRORS/OMISSIONS)).
• UNFORESEEN LIABILITIES: ANY OTHER CLAIMS, DAMAGES, LIABILITIES, OR EXPENSES ARISING FROM YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER USERS.

IF PET MEDIA, INC. IS REQUIRED TO INDEMNIFY A THIRD PARTY DUE TO YOUR ACTIONS OR OMISSIONS, YOU AGREE TO INDEMNIFY AND HOLD HARMLESS PET MEDIA, INC. FOR ANY AMOUNTS PAID OUT, INCLUDING REASONABLE ATTORNEY FEES.

READ THIS CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

You hereby waive, with respect to any dispute: (i) the right to participate in a class action, private attorney general action, or other representative action in court, either as a class representative or class member; and (ii) the right to join or consolidate claims with claims of any other person.

The prevailing party in any dispute, claim, action, or proceeding between the parties arising out of or relating to the terms and conditions of these Terms or any provision thereof (a "Dispute") shall be entitled to recover reasonable attorney's fees and expenses incurred in connection with such Dispute.

By accepting these Terms and using the Service, You expressly consent that Your use of a keypad, trackpad, mouse, or other device to select an item, button, icon, or similar action on Pet Media’s electronic services, or to access or execute any document, agreement, or transaction, constitutes Your electronic signature. This electronic signature is legally binding and has the same effect as a manual signature. No third-party verification is required to validate Your electronic signature, and its enforceability is not affected by the lack of such verification.

You agree that Pet Media, in its sole discretion, may terminate Your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if Pet Media believes that You have violated or acted inconsistently with the letter or spirit of the TOS. Shall Pet Media find You in breach of the TOS, Pet Media reserves the right to suspend, and or terminate Your listing and/or account without issuing a refund. Pet Media may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of Your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that Pet Media may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, You agree that Pet Media shall not be liable to You or any third-party for any termination of Your access to the Service.

Pet Media shall not be deemed in breach of these Terms or otherwise liable to You because of delay in performance, under-performance, or nonperformance of any of its obligations under these Terms to the extent that any such delay, under-performance, or nonperformance is due to any Force Majeure. Force Majeure means any circumstances beyond our reasonable control, including but not limited to acts of God or nature, war, curtailment or interruption of transportation facilities, strikes, labor disputes or the imminent threat thereof, threats or acts of terrorism or similar acts, disease, quarantine, global health emergencies, viruses, epidemics, pandemics, travel restrictions or limitations or cancellations, veterinarian appointments, non-passing veterinarian health check-ups imposing delays, government or regulatory actions, significant change in economic conditions, mandatory office and business closures, full and partial lockdowns of cities, towns, and other areas, governmental or international agency travel advisory or warning; corporate travel restrictions, widespread public fear and panic that impacts travel, civil disturbance, 3rd party partners' cancellation or inability or refusal to fulfill service as agreed to with Users, or any other event or circumstances beyond Users' control, whether similar or dissimilar, which, in Users' or Pet Media's reasonable and sole judgment, would tend to make it commercially impracticable (from a safety, health, logistical, economic, or financial standpoint), inadvisable, complex or onerous, illegal or impossible for Users or its partners to perform their obligations under these Terms or have a significant adverse impact on Users.

Notices to You may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to You generally on the Service.

You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding Your use of the Site and any Pet Media service and, if applicable, Your listing, purchase, solicitation of offers to purchase, and sale of Pets or other items. In addition, You shall be responsible for paying any and all taxes applicable to any purchases or sales of Pets or items You make. Pet Media operates within the State of South Carolina.

31.1 Governing Law: These Terms and Your use of the Service shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to its conflict of law principles. Any disputes arising out of or related to these Terms or the Service shall be exclusively subject to the personal and exclusive jurisdiction of the courts located within the State of South Carolina, U.S.A. You consent to the jurisdiction of such courts and waive any objections based on venue or forum non conveniens.

31.2 Waiver: The failure of Pet Media to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision.

31.3 Severability: If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The Parties agree that the court should endeavor to give effect to the Parties' intentions as reflected in the invalid, illegal, or unenforceable provision, and the other provisions will remain in full force and effect.

31.4 Statute of Limitations: Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to Your use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

31.5 Relationship Disclaimer: The relationship between the Parties is solely that of independent contractors. Neither party is the agent or representative of the other. This Agreement does not create a partnership, joint venture, agency, employment, or franchisor-franchisee relationship between the Parties. Neither party has the authority to bind the other to any contract, obligation, or liability. There is no confidential, fiduciary, contractually implied, or other relationship created between the Parties other than as stated in these Terms.

31.6 Service Information: The section titles in the TOS are for convenience only and have no legal or contractual effect.

31.8 Entire Agreement: These Terms constitute the entire agreement between You and Pet Media regarding Your use of the Service and supersede any prior agreements or understandings, whether written or oral, between You and Pet Media. You may be subject to additional terms and conditions that may apply when You use services provided by PetPay, Inc., affiliate services, third-party content, or third-party software.

Please report any violations of the TOS to our team.