Welcome to PetZONE360.com also known as PZ3. PetZONE360.com, a subsidiary of Simulocity, LLC and/or its affiliates provide website features and other products and services to you when you visit or shop at PetZone360.com.
By using and accessing the website at www.petzone360.com, you are agreeing to be bound by these terms of service, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
PetZONE360TM and its affiliates offer a wide range of PetZONE360 Services, and at times additional terms may apply. When using a PetZONE360 SERVICE (e.g., Your Profile, PetZONE360 video, or Loyalty Program) you will also be subject to the guidelines, terms and agreements applicable to that PetZONE360 Service (“Service Terms”). If these Terms & Conditions are inconsistent with the Service Terms, those Service Terms will control.
This document and the other documents that we reference below make up or rules, or what we officially call our Terms & Conditions (the “Terms” for short). The Terms are legally binding contract between you and PetZONE360.
Safeguarding your personal information is very important to us. Please review our Privacy Policy, which details how your information is collected, used, and shared when you use our Services.
When using PetZONE360 Services, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on this site or through the other PetZONE360 Services, such as our HELP DESK CENTER, and you can retain copies of these communications for your records. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PetZONE360 provides an open forum to post reviews, comments, photos, videos, and other content; send other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam" or unsolicited commercial electronic messages.
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. PetZONE360 reserves the right (but not obligated) to remove or edit such content.
PetZONE360 has the right but not the obligation to monitor and edit or remove any activity or content. PetZONE takes no responsibility and assumes no liability for any content posted by you or any third party.
The materials appearing on PetZONE360’s website could include technical, typographical, or photographic errors. PetZONE360 does not warrant that any of the materials on its website are accurate, complete, or current. PetZONE360 may make changes to the materials contained on its website at any time without notice. However, PetZONE360 does not make any commitment to update the materials.
PetZONE360 has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by PetZONE360 of the site. Use of any such linked website is at the user's own risk.
Content that you post using Services is your content (“Your Content”). We do not make any claim to it, which includes anything you post using our Services (e.g., company name, profile picture, listing photos, listing descriptions, reviews, comments, videos, usernames, etc.).
Permission is granted to temporarily download one (1) copy of the materials (information or software) on PetZONE360’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on PetZONE360’s website; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or "mirror" the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by PetZONE360 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
All content included in or made available through any PetZONE360 Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software is the property of PetZONE360 or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any PetZONE360 Service is the exclusive property of PetZONE360 and protected by U.S. and international copyright laws.
If you believe that your intellectual property rights have been infringed, please submit your complaint using our online Complaint Form. This form may be used to report all types of intellectual property claims including, but not limited to, copyright, trademark, and patent claims.
Written claims concerning copyright infringement must include the following information:
Graphics, logos, page headers, button icons, scripts, and service names included in or made available through any PetZONE360 Service are trademarks or trade dress of PetZONE360 in the U.S. and other countries. PetZONE360 trademarks and trade dress may not be used in connection with any product or service that is not PetZONE360’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits PetZONE. All other trademarks not owned by PetZONE360 that appear in any PetZONE Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by PetZONE360.
Click here to view the PetZONE360 Trademark Policy
Parties other than PetZONE360 operate stores, provide services or software, or sell product lines through the PetZONE360 Services. In addition, we provide links to the sites of affiliated companies and certain other businesses. If you purchase any of the products or services offered by these businesses or individuals, you are purchasing directly from those third parties, not from PetZONE360. We are not responsible for examining or evaluating, and we do not warrant, the offerings of any of these businesses or individuals (including the content of their Web sites). PetZONE360 does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
PetZONE360 does not warrant that product descriptions or other content of any PetZONE360 Service is accurate, complete, reliable, current, or error-free. If a product offered by PetZONE itself is not as described, your sole remedy is to return it in unused condition. Otherwise, any questions or concerns about a specific product should be directed to the seller or you may contact our HELP DESK CENTER for assistance.
"List Price" means the suggested retail price of a product as provided by a manufacturer, supplier, or seller. Prices, offers, and selection may vary between our sellers’ retail stores and sites, and are subject to change.
All purchases and shipping made through PetZONE360 for physical products are through our partnership with retailers, pet clinics, service providers, and event organizers. Shipping of physical items from PetZONE360 are made pursuant to a shipment contract through the third party in which the product was ordered from. This means that the risk of loss and title for such items pass to you upon the delivery to the carrier.
Items ordered through PetZONE360 will be fulfilled by the respected retailer or service provider. For returns or refunds contact the specific vendor/seller/provider directly, or contact our HELP DESK CENTER for assistance.
You may not use any PetZONE360 Service if you are the subject of U.S. sanctions or of sanctions consistent with U.S. law imposed by the governments of the country where you are using PetZONE360 Services. You must comply with all U.S. or other export and re-export restrictions that may apply to goods, software, technology, and services.
THE PETZONE360 SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETZONE360 SERVICES ARE PROVIDED BY PETZONE360 ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. PETZONE360 MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PETZONE360 SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETZONE360 SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE PETZONE360 SERVICES IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY LAW, PETZONE360 DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. PETZONE360 DOES NOT WARRANT THAT THE PETZONE360 SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PETZONE360 SERVICES, PETZONE360’S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PETZONE360 ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULL EXTENT PERMISSIBLE BY LAW, PETZONE360 WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PETZONE360 SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY PETZONE360 SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT SHALL PETZONE360 OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OF INABILITY TO USE THE MATERIALS ON PETZONE360’S WEBSITE, EVEN IF PETZONE360 OR A PETZONE360 AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY O SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR LIMITATIONS OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THESE LIMITATIONS MAY NOT APPLY TO YOU.
The following terms (“Software Terms”) apply to any software (including any updates or upgrades to the software) and any related documentation we make available to you in connection with PetZONE360 Services (the "PetZONE360 Software").
PetZONE360 respects the intellectual property of others. If you believe that your intellectual property rights are being infringed, please use our Contact Form to notify us of any complaints or infringements.
Any dispute or claim relating in any way to your use of any PetZONE360 Service will be adjudicated in the state of Florida, and you consent to exclusive jurisdiction and venue in these courts. We each waive any right to a jury trial.
By using any PetZONE360 Service, you agree that applicable federal law, and the laws of the state of Florida, without regard to principles of conflict of laws, will govern these Terms & Conditions and any dispute of any sort that might arise between you and PetZONE360.
We reserve the right to make changes to our site, policies, and these Terms & Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
If you have any questions about our PetZONE360 Terms & Conditions, please email us at info@petzone360.com.
Seller Agreement
Welcome to PetZONE360 Services, a suite of optional services for pet retailers, pet service providers, veterinary care services, and pet event organizers. PetZONE360 is an immersive marketplace and community forum, where you can sell and promote pet products, pet services, veterinary care, pet-related events and resources directly to pet parents. Our goal is to provide you with the best possible experience on PetZONE360. Please read carefully to understand your rights, and our expectation of you as a seller.
THIS PETZONE360 SERVICE AGREEMENT (THE “AGREEMENT”) CONTAINS THE TERMS AND CONDITIONS THAT GOVERN YOUR ACCESS TO AND USE OF THE SERVICES AND IS AN AGREEMENT BETWEEN YOU OR THE BUSINESS YOU REPRESENT AND PETZONE360. BY REGISTERING FOR OR USING THE SERVICES, YOU (ON BEHALF OF YOURSELF OR THE BUSINESS YOU REPRESENT) AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, INCLUDING THE SERVICE TERMS AND PROGRAM POLICIES THAT APPLY FOR EACH STATE AND COUNTRY FOR WHICH YOU REGISTER OR ELECT TO USE A SERVICE (IN EACH CASE, THE “ELECTED COUNTRY”)
As used in this Agreement, "we," "us," and "PetZONE360" means the applicable PetZONE360 Contracting Party and any of its applicable Affiliates, and "you" means the applicant (if registering for or using a Service as an individual), or the business employing the applicant (if registering for or using a Service as a business) and any of its Affiliates. Capitalized terms have the meanings given to them in this Agreement. If there is any conflict between these General Terms and the applicable Service Terms and Program Policies, the General Terms will govern and the applicable Service Terms will prevail over the Program Policies.
What can be sold, promoted, and advertised on PetZONE360?
PetZONE360 is a unique and immersive marketplace for pet parents. Pet parents come to purchase and learn any and all pet-related products, services, veterinary care, and pet events, while allowing them to network with other pet parents needing and experiencing the same needs and challenges related to their pets.
To begin the enrollment process, you must complete the registration process. As part of the application, you must provide us with your and or or your business' legal name, address, phone number and e-mail address, as well as any other information we may request. Any personal data you provide to us will be handled in accordance with PetZONE360’s Privacy Notice.
By listing your company, product, services, or by subscribing to PetZONE360, you understand and agree that you are responsible for complying with all applicable laws and regulations for the products and or or services you list for sale, including any required labels, warnings, shipping, and other customer support. PetZONE360 assumes no responsibility for the accuracy, labeling, or content of your listings.
As a seller, affiliate, retailer, service provider, event organizer, or other business you must provide great customer service and maintain trust with your buyers or customers. These requirements are called our Seller Service Level Standards. All sellers and service providers in PetZONE360 must adhere to these standards in order to maintain an active account in PetZONE360.
By selling on PetZONE360, you agree to:
Sellers, retailers, providers, organizers and other participating businesses are charged a subscription fee when using PetZONE360’s Services. These are fees associated with listing, selling, advertising, sponsoring, and purchasing certain products and features from PetZONE360. You can find information on fees in the PetZONE360’s Pricing and Fee Table.
Your brand represents you and your business to the PetZONE360 community. It is important that you, your items, and your company are honest and accurately represented.
By selling on PetZONE360, you agree that you will:
At PetZONE360, everyone is expected to treat fellow members of the PetZONE360 Community with respect. As a seller, affiliate, retailer, provider, and or or organizer you have additional responsibilities to safeguard personal information and communicate promptly with buyers in order to provide an excellent customer experience.
As a member of PetZONE360, you have the opportunity to create and upload a variety of content, like listings, messages, text, photos, and videos. In order to keep our community safe and respectful, you agree to uphold the PetZONE360’s Privacy Notice and our Community and Networking Policy. Some content on PetZONE360 may be subject to additional requirements.
b. Privacy and Protecting Personal InformationYou are responsible for protecting members’ personal information you receive or process, and you must comply with all relevant legal requirements. This includes applicable data protection and privacy laws that govern the ways in which you can use PetZONE360 user information. These laws may require that you post and comply with your own privacy policy, which must be accessible to PetZONE360 users with whom you interact. Your privacy policy must be compatible with this policy and PetZONE360’s Terms & Conditions and PetZONE360’s Privacy Policy.
c. Communication StandardsWith PetZONE360’s messaging capability, you have the ability to communicate directly with your buyers or other PetZONE360 members. Messages are a great way for buyers to ask you questions about an item or an order.
Messages may not be used for the following activities:
Sending unsolicited advertising or promotions, requests for donations, or spam;
Harassing or abusing another member or violating our Anti-Discrimination Policy.
Contacting someone after they have explicitly asked you not to; or
Interfering with a transaction or the business of another member.
Exchanging personal contact, financial or other information for the purposes of evading the checkout process on PetZONE360, including phone number, address, email, social media handles, external URLs, instructions for money transfer, etc.
d. InterferenceInterference occurs when a member intentionally interferes with another member’s shop or business in order to drive away their business. Interference is strictly prohibited on PetZONE360. Examples of interference include but are not limited to:
Contacting another member via Messages to warn them away from a particular member, shop, or item;
Posting in public areas to demonstrate or discuss a dispute with another member;
Purchasing from a seller for the sole purpose of leaving a negative review;
Maliciously clicking on a competitor's Promoted Listings ads in order to drain that member's advertising budget, also known as "click fraud."
Creating or using an independent buyer account to maliciously upvote another shop’s negative reviews in order to position those reviews more prominently.
e. Harassment and DiscriminationAny use of Messages to harass other members is strictly prohibited. Similarly, Messages may not be used to support or glorify hatred or otherwise violate our Anti-Discrimination Policy. If you receive a Message that violates this policy, please let us know right away.
f. Forums and CommunityForums and Community are public spaces provided by PetZONE360 where sellers can connect, but there are communication standards that must be followed. More information can be found in the PetZONE360 Community and Networking Policy.
g. Communicating CancellationsIf you are unable to complete a transaction, you must notify the buyer via Messages and cancel the transaction. If the buyer already submitted payment, you must issue a full refund. You are encouraged to keep proof of any refunds in the event a dispute arises. All cancellations are subject to our Cancellation Policy.
European Union Right of Withdrawal Buyers in the European Union (EU) may be entitled to a 14-day “right of withdrawal” after receiving an item, during which they may return an item for any reason. The details of this right vary by EU member state. The right of withdrawal may not apply to certain items like custom items or perishable goods. Rights with respect to digital items vary by EU member state. Read more about the EU Right of Withdrawal in this Help article.
Please be aware that in addition to this policy, each country has its own laws surrounding shipping, cancellations, returns, and exchanges. Please familiarize yourself with the laws of your own country and those of your buyers’ countries.
Reviews are a great way for you to build a reputation on PetZONE360. Buyers can leave a review, including a 1-5 rating and a relevant image upload, within 100 days after the latter date of their item’s estimated delivery date. If an estimated delivery date is not available, the review window opens after the order’s processing and shipping time have elapsed. Buyers can edit their review, including the photograph, any number of times during that 100-day period.
On the rare occasion you receive an unfavorable review, you can reach out to the buyer or, if the review is less than 3 stars, leave a response.
In addition to our rules for Creating and Uploading Content in Section 6a above, reviews and your response to reviews may not:
Contain graphic, mature, or obscene language or imagery, or any content that is subject to our mature content policy;
Be about things outside the seller’s control, such as a shipping carrier, PetZONE or a third party;
Include shilling or otherwise falsely inflate a shop’s review score; or
Undermine the integrity of the Reviews system.
b) PetZONE360 Case Resolution SystemThe Resolution Case system is how a buyer notifies PetZONE360 of an order issue or dispute, in order for PetZONE360 to help them reach a resolution. Buyers must contact sellers directly via the HELP DESK with Order link and attempt to resolve any outstanding issues before opening a case on PetZONE360. For this reason, it is important that you fill out your store policies and regularly respond to Messages from your buyers. Once a buyer contacts you to notify you of a problem with an order, you will have 48 hours to resolve the issue. If the issue is unresolved in this time frame, a case may be opened by the buyer. Once a case has been opened, PetZONE360 will assist in the resolution of the case between the buyer and seller. This may include, but is not limited to, reviewing the case further to help the buyer and seller resolve it as quickly as possible.
PetZONE360 reserves the right to resolve an order issue before the 48-hour window for circumstances including, but not limited to, seller inactivity, harassment, refusal of service, manipulation, and undermining the integrity of the case system.
Buyers may file a case for a non-delivery or a not-as-described item. PetZONE360 may request your assistance in resolving a case opened against your store or company. By using PetZONE360’s case resolution system, you understand that PetZONE360 may use your personal information for the purpose of resolving disputes with other members. For more information click on our Privacy Policy.
If PetZONE360 determines that an item is not as described, you will be required to refund the order, including original shipping and return shipping.
c) Your Seller Account and PetZONE360 TermsIn order to keep PetZONE360 safe and improve our Services, we may take actions that limit the visibility of your company, listings or ads, or that impact your payment account. In the event we see unusual order activity, or we otherwise believe that your actions or shop may result in buyer disputes, chargebacks, increased risk of fraud, counterfeiting, or other claims, PetZONE360 may take actions such as limiting visibility of your account, or placing restrictions or reserves on your payments account, in accordance with our Terms & Conditions, including this Policy and our PetZONE360 Fees and Payment Policy. When appropriate and permitted by law, PetZONE360 will communicate information to the affected seller about the issue.
PetZONE360 may make changes to onboarding or authentication processes for sellers at our sole discretion. Completion of these processes may be required for seller account activation or continued access and usage.
If PetZONE360 has reason to believe you, Your Content, or your use of the Services violate our Terms, including this Seller Policy, we may deactivate Your Content or suspend or terminate your account (and any accounts PetZONE360 determines is related to your account) and your access to the Services. Sellers in the European Union can see more information here. PetZONE360 may will notify you that Your Content or account has been suspended or terminated, unless you’ve repeatedly violated our Terms or we have legal or regulatory reasons preventing us from notifying you.
The term of this Agreement will start on the date of your completed registration for use of a Service and continue until terminated by us or you as provided below. You may at any time terminate your account or this Agreement immediately on notice to us via Seller Zone, email, the Contact Us form, or similar means. We may terminate your account or this Agreement for convenience with 30 days’ advance notice. We may suspend or terminate your account or this Agreement immediately if we determine that (a) you have materially breached the Agreement and failed to cure within 7 days of a cure notice unless your breach exposes us to liability toward a third party, in which case we are entitled to reduce, or waive, the aforementioned cure period at our reasonable discretion; (b) your account has been, or our controls identify that it may be used for deceptive or fraudulent, or illegal activity; or (c) your use of the Services has harmed, or our controls identify that it might harm, other sellers, customers, or PetZONE360’s legitimate interests. We will promptly notify you of any such termination or suspension via email or similar means including Seller Zone, indicating the reason and any options to appeal, except where we have reason to believe that providing this information will hinder the investigation or prevention of deceptive, fraudulent, or illegal activity, or will enable you to circumvent our safeguards. On termination of this Agreement, all related rights and obligations under this Agreement immediately terminate, except that (d) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination.
i) LICENSEYou grant us a royalty-free, non-exclusive, worldwide right and license for the duration of your original and derivative intellectual property rights to use any and all of Your Materials for the Services or other PetZONE360 product or service, and to sublicense the foregoing rights to our Affiliates and operators of PetZONE360; provided, however, that we will not alter any of Your Trademarks from the form provided by you (except to re-size trademarks to the extent necessary for presentation, so long as the relative proportions of such trademarks remain the same) and will comply with your removal requests as to specific uses of Your Materials (provided you are unable to do so using standard functionality made available to you via the applicable PetZONE360 Site or Service); provided further, however, that nothing in this Agreement will prevent or impair our right to use Your Materials without your consent to the extent that such use is allowable without a license from you or your Affiliates under applicable Law (e.g., fair use under United States copyright law, referential use under trademark law, or valid license from a third party).
j) REPRESENTATIONSEach party represents and warrants that: (a) if it is a business, it is duly organized, validly existing and in good standing under the Laws of the country in which the business is registered and that you are registering for the Service(s) within such country; (b) it has all requisite right, power, and authority to enter into this Agreement, perform its obligations, and grant the rights, licenses, and authorizations in this Agreement; (c) any information provided or made available by one party to the other party or its Affiliates is at all times accurate and complete; (d) it is not subject to sanctions or otherwise designated on any list of prohibited or restricted parties or owned or controlled by such a party, including but not limited to the lists maintained by the United Nations Security Council, the US Government (e.g., the US Department of Treasury’s Specially Designated Nationals list and Foreign Sanctions Evaders list and the US Department of Commerce’s Entity List), the European Union or its member states, or other applicable government authority; and (e) it will comply with all applicable Laws in performance of its obligations and exercise of its rights under this Agreement.
k) INDEMNIFICATIONYour indemnification obligations. You will defend, indemnify, and hold harmless PetZONE360, and our officers, directors, employees, and agents, against any third-party claim, loss, damage, settlement, cost, expense, or other liability (including, without limitation, attorneys’ fees) (each, a “Claim”) arising from or related to (a) your non-compliance with applicable Laws; (b) Your Products, including the offer, sale, fulfillment, refund, cancellation, return, or adjustments thereof, Your Materials, any actual or alleged infringement of any Intellectual Property Rights by any of the foregoing, and any personal injury, death (to the extent the injury or death is not caused by PetZONE360), or property damage related thereto; (c) Your Taxes and duties or the collection, payment, or failure to collect or pay Your Taxes or duties, or the failure to meet tax registration obligations or duties; or (d) actual or alleged breach of any representations you have made.
PetZONE360’s indemnification obligations. PetZONE360 will defend, indemnify, and hold harmless you and your officers, directors, employees, and agents against any third-party Claim arising from or related to: (a) PetZONE360’s non-compliance with applicable Laws; or (b) allegations that the operation of a PetZONE360’s Site infringes or misappropriates that third party’s intellectual property rights.
Process. If any indemnified Claim might adversely affect us, we may, to the extent permitted by applicable Law, voluntarily intervene in the proceedings at our expense. No party may consent to the entry of any judgment or enter into any settlement of an indemnified Claim without the prior written consent of the other party, which may not be unreasonably withheld; except that a party may settle any claim that is exclusively directed at and exclusively affects that party.
l) DISCLAIMER & GENERAL RELEASE a. THE PETZONE360 SITES AND THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED "AS-IS." AS A USER OF THE SERVICES, YOU USE THE PETZONE360 SITES, THE SERVICES, AND SELLER CENTRAL AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES DISCLAIM: (i) ANY REPRESENTATIONS OR WARRANTIES REGARDING THIS AGREEMENT, THE SERVICES OR THE TRANSACTIONS CONTEMPLATED BY THIS AGREEMENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (ii) IMPLIED WARRANTIES ARISING OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE; AND (iii) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM, OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE PETZONE360 SITES AND THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE, TIMELY, SECURE, UNINTERRUPTED, OR ERROR FREE, AND WE WILL NOT BE LIABLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING BUT NOT LIMITED TO SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION, OR SETTLEMENT OF ANY TRANSACTIONS. b. BECAUSE PETZONE360 IS NOT INVOLVED IN TRANSACTIONS BETWEEN CUSTOMERS AND SELLERS OR OTHER PARTICIPANT DEALINGS, IF A DISPUTE ARISES BETWEEN ONE OR MORE PARTICIPANTS, EACH PARTICIPANT RELEASES PETZONE360 (AND ITS AGENTS 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. m) TAX MATTERS As between the parties, you will be responsible for the collection, reporting, and payment of any and all of your Taxes. n) CONFIDENTIALITY AND PERSONAL DATADuring the course of your use of the PetZONE360 Services, you may receive Confidential Information. You agree that for the term of the Agreement and 5 years after termination: (a) all Confidential Information will remain PetZONE360's exclusive property; (b) you will use Confidential Information only as is reasonably necessary for your participation in the Services; (c) you will not otherwise disclose Confidential Information to any other Person except as required to comply with the Law; (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in this Agreement; and (e) you will retain Confidential Information only for so long as its use is necessary for participation in the Services or to fulfill your statutory obligations (e.g. tax) and in all cases will delete such information upon termination or as soon as no longer required for the fulfillment of statutory obligations. The foregoing sentence does not restrict your right to share Confidential Information with a governmental entity that has jurisdiction over you, provided that you limit the disclosure to the minimum necessary and explicitly indicate the confidential nature of the shared information to the governmental entity. You may not issue any press release or make any public statement related to the Services, or use our name, trademarks, or logo, in any way (including in promotional material) without our advance written permission, or misrepresent or embellish the relationship between us in any way. You may only use the "Available at PetZONE360" reference as defined in and according to the PetZONE360 Trademark Usage Guidelines; nor, you may not use our name, trademarks, or logos in any way (including in promotional material) not covered by the Trademark Usage Guidelines without our advance written permission.
Generally, you may not use customer personal data in any way inconsistent with applicable Law. You must keep customer personal data confidential at all times (the above 5 years’ term limit does not apply to customer personal data).
We will not be liable for any delay or failure to perform any of our obligations under this Agreement by reasons, events or other matters beyond our reasonable control.
If you or any of your Affiliates elect to provide or make available suggestions, comments, ideas, improvements, or other feedback or materials to us in connection with or related to any PetZONE360 Site or Service (including any related Technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner. In order to cooperate with governmental requests, to protect our systems and customers, or to ensure the integrity and operation of our business and systems, we may access and disclose any information we consider necessary or appropriate, including but not limited to user contact details, IP addresses and traffic information, usage history, and posted content. If we make suggestions on using the Services, you are responsible for any actions you take based on our suggestions.
We may change or modify the Agreement at any time with immediate effect (a) for legal, regulatory, fraud and abuse prevention, or security reasons; (b) to change existing features or add additional features to the Services (where this does not materially adversely affect your use of the Services); or (c) to restrict products or activities that we deem unsafe, inappropriate, or offensive. Your continued use of the Services after the effective date of any change to this Agreement will constitute your acceptance of that change. If any change is unacceptable to you, you agree not to use the Services and to end the Agreement.
Any password we provide to you may be used only during the Term to access Seller Zone (or other tools we provide, as applicable) to use the Services, electronically accept Your Transactions, and review your completed transactions. You are solely responsible for maintaining the security of your password. You may not disclose your password to any third party (other than third parties authorized by you to use your account in accordance with this Agreement) and are solely responsible for any use of or action taken under your password. If your password is compromised, you must immediately change your password.
You will not directly or indirectly export, re-export, transmit, or cause to be exported, re-exported or transmitted, any commodities, software or technology to any country, individual, corporation, organization, or entity to which such export, re-export, or transmission is restricted or prohibited, including any country, individual, corporation, organization, or entity under sanctions or embargoes administered by the United Nations, US Departments of State, Treasury or Commerce, the European Union, or any other applicable government authority.
The Governing Laws will govern this Agreement, without reference to rules governing choice of laws or the Convention on Contracts for the International Sale of Goods. PetZONE360 and you each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration PetZONE360 and you each waive any right to a jury trial.
You may not assign this Agreement, by operation of law or otherwise, without our prior written consent. Any attempt to assign or otherwise transfer in violation of this section is void; provided, however, that upon notice to PetZONE360, you may assign or transfer this Agreement, in whole or in part, to any of your Affiliates as long as you remain liable for your obligations that arose prior to the effective date of the assignment or transfer under this Agreement. You agree that we may assign or transfer our rights and obligations under this Agreement: (a) in connection with a merger, consolidation, acquisition or sale of all or substantially all of our assets or similar transaction; or (b) to any Affiliate or as part of a corporate reorganization; and effective upon such assignment, the assignee is deemed substituted for PetZONE360 as the party to this Agreement. Subject to that restriction, this Agreement will be binding on, inure to, and be enforceable against the parties and their respective successors and assigns. We may perform any of our obligations or exercise any of our rights under this Agreement through one or more of our Affiliates. PetZONE360 retains the right to immediately halt any of Your Transactions, prevent or restrict access to the Services or take any other action to restrict access to or availability of any inaccurate listing, any inappropriately categorized items, any unlawful items, or any items otherwise prohibited. Because PetZONE360 is not your agent, PetZONE360 will not act as either party's agent in connection with resolving any disputes between participants related to or arising out of any transaction.
PetZONE360 will provide notice to you under this Agreement by posting changes to Seller Zone or to the applicable PetZONE360 Services site to which the changes relate (such as the Developer Site accessible through your account), by sending you an email notification, or by similar means. You must send all notices and other communications relating to PetZONE360 to our Selling Partner Support team via Seller Zonel, email, the Contact Us form, or similar means. We may also communicate with you electronically and in other media, and you consent to such communications. You may change your e-mail addresses and certain other information in Seller Zone, as applicable. You will ensure that all of your information is up to date and accurate at all times.
If any provision of this Agreement is deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these terms and conditions and will not affect the validity and enforceability of any remaining provisions.
PetZONE360 provides limited protection to sellers. PetZONE360 will attempt to mediate issues if you and a buyer are unable to settle on your own. You may seek assistance from a PetZONE360 Customer Support Specialist through the Seller Zone site. We do not guarantee a full resolution or resolution in your favor; however, we will attempt to resolve it fairly and in accordance with our Service Level Standards (our expectations for customer service). Sellers who do not comply with PetZONE360’s policies are subject to review, which can result in suspension of account privileges, and up to termination if necessary.
