Terms and Conditions

Terms and Conditions

4.20.2013

Introduction

PetRF.com is a crowd-funding platform based in Jacksonville, Florida, that assists you to raise funds for your project. These terms and conditions govern your use of this website. By using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

Eligibility

You are 18 years or older.  Your membership or use has not otherwise been restricted, suspended or terminated.  You are not using another Member’s account without her/his permission.

Special Rules Regarding Perks

You agree:

  • All Perks must be lawful and otherwise comply with this Agreement.
  • To fulfill all Perks and to respond promptly to all questions and comments regarding Perks.
  • If you are unable to fulfill a Perk, you will work with the Contributor(s) to reach a mutually satisfactory resolution, which may include, without limitation, issuing a refund promptly.
  • PetRF.com is not liable nor responsible for the fulfillment of Perks, the failure to fulfill Perks, the quality of the Perks and as otherwise disclaimed or limited by this Agreement.

Fees, Taxes and Verification

All Contributions will be deposited in your Funding Account less our fee as listed on our Website.  Different fees may apply to discounted Projects. Fees may be adjusted at any time as PetRF.com  decides in its sole judgment and discretion. Fees are nonrefundable.  Processor fees and other fees and charges may apply and/or be deducted from Contributions. Contributions are transferred based on the funding and payment you have selected unless being held to complete our verification process or being refunded as we deem appropriate in our sole discretion.  You are responsible to report properly, and timely pay, for all applicable taxes for all Contributions.  We may verify your and the Beneficiary’s identity, the use of the Contributions and the Campaign timeline before Contributions are deposited in your Campaign Account. You agree to participate in our verification process, which may involve an interview and/or document review. Verification may result in a delay of Contributions being transferred or reversal and refund as PetRF.com determines in its sole discretion and judgment.  Discrepancies in or false or misleading statements or misrepresentations as to the Campaign, Beneficiary or uses of Contributions may result in Contributions being refunded and/or accounts being suspended or reversed. If Contributions have been disbursed to you or the Beneficiary, you and the Beneficiary will ensure that all Contributions are refunded promptly to all Contributors without deduction for any fees paid or payable by you.

License to use website

Unless otherwise stated,  PetRF.com and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose; or
  • edit or otherwise modify any material on the website.

Rules of Conduct

As a condition of use, you promise not to use the service for any purpose that is prohibited by the Terms of Use or law. You are responsible for all of your activity in connection with the service. You shall not, and shall not permit any third party using your account to, take any action, or submit content, that:

  • infringes any patent, trademark, trade secret, copyright, right of publicity, or other right of any other person or entity, or violates any law or contract;
  • you know is false, misleading, or inaccurate;
  • is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, tortious, obscene, offensive, profane, or invasive of another’s privacy;
  • constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters;
  • contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit, or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password, or other information of the Company or any third party;
  • is made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; or
  • impersonates any person or entity, including any employee or representative of the Company.

Additionally, you shall not:

  •  take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure;
  •  interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service;
  • bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (iv) run Mail list, Listserv, or any form of auto-responder or “spam” on the Service;
  •  use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Site.

You shall not directly or indirectly:

  • decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
  •  modify, translate, or otherwise create derivative works of any part of the Service;
  •  copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

You agree to not abuse other users’ personal information. Abuse is defined as using personal information for any purpose other than those explicitly specified in the Project, or is not related to fulfilling delivery of a product or service explicitly specified in the Project.

Restricted access

Access to certain areas of this website is restricted.PetRF.com reserves the right to restrict access to areas of this website, or indeed this entire website, at PetRF.com ’s discretion.

If PetRF.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

PetRF.com may disable your user ID and password in PetRF.com ’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to PetRF.com  a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to PetRF.com  the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or PetRF.com  or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

PetRF.com reserves the right to edit or remove any material submitted to this website, or stored on PetRF.com ’s servers, or hosted or published upon this website.

Notwithstanding PetRF.com ’s rights under these terms and conditions in relation to user content, PetRF.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

DMCA Notice

If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible via the Service, please notify PetRF.com ’s copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (“DMCA”). For your complaint to be valid under the DMCA, you must provide the following information in writing:

  • An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work that you claim has been infringed;
  • Identification of the material that is claimed to be infringing and where it is located on the Service;
  • Information reasonably sufficient to permit PetRF.com  to contact you, such as your address, telephone number, and e-mail address;
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  • A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.

The above information must be submitted to the following DMCA Agent:

Name: Lawrence Odom

Attn: DMCA Notice

Company: PetRF.com, LLC

Address:  1817 Deer run Trail

Jacksonville, Fl 32246

Telephone & Fax: 904-803-0016

Email: Petrescufunding@gmail.com

UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ONLINE MATERIAL IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS’ FEES.

If you believe that your work has been removed or disabled by mistake or misidentification, please notify our DMCA Agent in writing including the following information:

  • a physical or electronic signature of the user of the services;
  • identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
  • a statement made under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
  • your name, address, telephone number, and a statement that you consent to the jurisdiction of the Federal District Court for the judicial district in which the address is located, or if your address is outside of the United States, for any judicial district in which the service provider may be found, and that you will accept service of process from the person who provided notification under subscriber (c)(1)(C) or an agent of such person.

Please note that this procedure is exclusively for notifying PetRF.com  and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with PetRF.com ’s rights and obligations under the DMCA, including 17 U.S.C. 512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.

In accordance with the DMCA and other applicable law,  PetRF.com has adopted a policy of terminating, in appropriate circumstances and at PetRF.com ’s sole discretion, Users who are deemed to be repeat infringers.PetRF.com may also at its sole discretion, without liability, limit access to the Service and/or terminate the accounts of any Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Privacy

We care about the privacy of our Users. By using the Service, you are consenting to have your personal data transferred to and processed in the United States.

Information that you submit through the Service may be transferred to countries outside the European Economic Area (“EEA”) to provide the Service to you. For example, our servers are in the United States. If we transfer your information outside the EEA in this way, we will take steps to protect your privacy rights.

Notwithstanding the foregoing, we do not guaranty the confidentiality or privacy of any communication or information transmitted using the Service or any website linked to our website. We are not liable for the privacy of email addresses, registration and identification information, disk space, communications, confidential or trade-secret information, or any other Member Content stored on our equipment, transmitted over networks accessed by using our Service, or otherwise connected with your use of the Service.

Security

We have implemented commercially reasonable technical and organizational measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration or disclosure. However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures or use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

Third-Party Websites, Advertisers or Services

PetRF.com may contain links to third-party websites, advertisers, or services that are not owned or controlled by PetRF.com .  PetRF.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites or services. If you access a third party website from PetRF.com, you do so at your own risk, and you understand that this Agreement and PetRF.com ’s Privacy Policy do not apply to your use of such sites. You expressly relieve PetRF.com from any and all liability arising from your use of any third-party website or services or third party owned content. Additionally, your dealings with or participation in promotions of advertisers found on PetRF.com , including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that PetRF.com  shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

LIMITED WARRANTY

THE SERVICE, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, AND THE PROJECTS AND REWARDS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE, ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITH ALL FAULTS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PETRF.COM AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER (EXPRESS OR IMPLIED) WITH RESPECT TO:

  •  THE SERVICE;
  •  THE PROJECTS OR PROJECT PRODUCTS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE;
  • THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY PARTY;
  •  THE TREATMENT OF ANY INFORMATION, CONTENT, MATERIAL, OR DATA TRANSMITTED BY USERS TO THE SERVICE; OR
  • THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SERVICE OR ANY LINKED WEBSITE. PETRF.COM DOES NOT WARRANT OR REPRESENT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE WILL ALWAYS BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

PETRF.COM DOES NOT WARRANT THAT YOUR ACTIVITIES IN CONNECTION WITH OR USE OF THE SERVICE IS LAWFUL IN ANY PARTICULAR JURISDICTION AND, IN ANY EVENT, PETRF.COM SPECIFICALLY DISCLAIMS SUCH WARRANTIES TO THE FULLEST EXTENT PERMITTED BY LAW. BY USING THE SERVICE, YOU ACT AT YOUR OWN RISK, AND YOU REPRESENT AND WARRANT THAT YOUR ACCESS AND ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE, OR THE OFFERS AND DEALS MADE AVAILABLE ON OR ACCESSED THROUGH THE SERVICE. FURTHER, PETRF.COM AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY EXPRESS OR IMPLIED WARRANTIES INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE, AS WELL AS IMPLIED WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR PERFORMANCE. WHERE ANY JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES AS SET FORTH ABOVE, THE DISCLAIMER WILL NOT APPLY TO THE EXTENT LIMITED BY THE APPLICABLE LAW OF SUCH JURISDICTION.

Limitations of liability

WITHOUT LIMITATION OF ANYTHING ELSE SET FORTH IN THESE TERMS OF SERVICE, PETRF.COM FURTHER LIMITS ITS LIABILITY IN CONNECTION WITH YOUR USE OF THE SERVICE AS SET FORTH BELOW:

UNDER NO CIRCUMSTANCES SHALL PETRF.COM, ITS SUBSIDIARIES OR AFFILIATES, OR THE DIRECTORS, OFFICERS, EMPLOYEES, OR OTHER REPRESENTATIVES OF EACH OF THEM (COLLECTIVELY, THE “PETRF.COM ENTITIES AND INDIVIDUALS”) BE LIABLE TO YOU FOR ANY INDIRECT LOSS OR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, ECONOMIC, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT ARE DIRECTLY OR INDIRECTLY RELATED TO:

  • THE SERVICE OR ANY DEAL;
  • THE USE OF, INABILITY TO USE, OR PERFORMANCE OF ANY THIRD PARTY PRODUCTS OR SERVICES;
  • THE LEGALITY, ACCURACY, QUALITY OR AUTHENTICITY OF CONTENT, INFORMATION, ADVERTISEMENTS, SERVICES OR PRODUCTS PROVIDED BY ANY THIRD PARTY;
  • ANY ERRORS OR OMISSIONS IN THE TECHNICAL OPERATION OF THE SERVICE, EVEN IF FORESEEABLE OR EVEN IF ENTITIES AND INDIVIDUALS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR STRICT LIABILITY. IN ADDITION, PETRF.COM’S LIABILITY TO YOU FOR DIRECT DAMAGES FOR ANY CLAIM RELATED TO ANY OF THE FOREGOING SHALL BE CAPPED AT THE AMOUNT WHICH YOU HAVE ACTUALLY PAID TO PETRF.COM IN CONJUNCTION WITH THE PROJECT UNDER WHICH SUCH CLAIM FIRST AROSE. NOTHING IN THESE TERMS OF SERVICE LIMITS OR EXCLUDES PETRF.COM’S LIABILITY FOR: DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE; THE TORT OF DECEIT; ANY LIABILITY TO THE EXTENT IT CANNOT BE LIMITED OR EXCLUDED BY LAW.
  •  PETRF.COM’S ENTITIES AND INDIVIDUALS ARE NOT RESPONSIBLE FOR ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR ACCESS TO AND USE OF THE SERVICE IS AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICE.
  • YOU RECOGNIZE AND CONFIRM THAT IF YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF PETRF.COM’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF THE SERVICE.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, PetRF.com has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against PetRF.com’s officers or employees in respect of any losses you suffer in connection with the website.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You agree to defend, indemnify and hold harmless PetRF.com, its subsidiaries and affiliated companies, and their officers, directors, employees, contractors, agents, from and against any and all claims, causes of action, damages, obligations, losses, liabilities, costs or debt, and expenses (including attorney’s fees and costs) arising from or relating to your use of the Service and PEtRF.com’s content including, without limitation, your negligence, breach of any of the representations, warranties or promises or violation of any law, regulation, ordinance, directive or court order. You remain liable for any amounts we pay in settlement of any such claim or action for indemnification as though we had proceeded with a trial.

Breaches of these terms and conditions

Without prejudice to PetRf.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, PetRF.com may take such action as PetRF.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

PetRF.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

PetRF.com may transfer, sub-contract or otherwise deal with PetRF.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with Florida law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Duval County, Florida.

PetRF.com’s details

The full name of PetRF.com is PetRF.com, LLC

PetRF.com is a Florida limited liability company registered with the Office of the Florida Secretary of State.

PetRF.com’s address is: 1817 Deer Run Trail, Jacksonville, Florida 32246

You can contact PetRf.com by email to Petrescuefunding@gmail.com

copyright © 2014 PetRF.com. All rights reserved.