PINYOURPET Terms of Use

Last updated: November 29, 2021

 

1.Ads Listing Services

1-1. ACCEPTANCE

Pin Your Pet provides a collection of online resources, including classified ads, forums, and various other services, (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with TOU. In addition, when using particular Pin Your Pet services, you agree to abide by any applicable posted guidelines for all Pin Your Pet services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with Pin Your Pet in any way, discontinue use of Pin Your Pet.

2-1. MODIFICATIONS TO THIS AGREEMENT

We reserve the right, at our sole discretion, to change or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes. You can find the most recent version of the TOU at: https://www.pinyourpet.com/terms.html

3-1. CONTENT

You understand that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item (“Item”) of Content that you post, email or otherwise make available via the Service. You understand that Pin Your Pet does not control, and is not responsible for Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. Furthermore, the Pin Your Pet site and Content available through the Service may contain links to other websites, which are completely independent of Pin Your Pet. Pin Your Pet makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of Content, that you may not rely on said Content, and that under no circumstances will Pin Your Pet be liable in any way for the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that Pin Your Pet have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or any other reason.

  4-1. THIRD PARTY CONTENT, SITES, AND SERVICES

The Pin Your Pet site and Content available through the Service may contain features and functionalities that link you or provide you with access to third party content which is completely independent of Pin Your Pet, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interaction with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, is solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.

You agree that Pin Your Pet shall not be responsible or liable for loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this site, or between users and any third party, you understand and agree that Pin Your Pet is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Pin Your Pet, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.

5-1. CLAIMS OF INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify agent for notice of claims of copyright or other intellectual property infringement (“Agent”), at https://www.pinyourpet.com/contact.

Please provide our Agent with the following Notice:

a) Identify the material on the Pin Your Pet site that you claim is infringing, with enough detail so that we may locate it on the website;

b) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

c) A statement by you declaring under penalty of perjury that (1) the above information in your Notice is accurate, and (2) that you are owner of the copyright interest involved or that you are authorized to act on behalf of that owner;

d) Your address, telephone number, and email address; and

e) Your physical or electronic signature.

Pin Your Pet will remove the infringing posting(s), subject to the procedures outlined in the Digital Millennium Copyright Act (DMCA).

6-1. PRIVACY AND INFORMATION USE

Pin Your Pet has established a Privacy Policy to explain to users how their information is collected and used, which is located at the following web address: https://www.pinyourpet.com/privacy.

Your use of Pin Your Pet website or the Service signifies acknowledgment of and agreement to our Privacy Policy. You further acknowledge and agree that Pin Your Pet may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other users information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the TOU; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as of harassment; protect the rights, property, or personal safety of Pin Your Pet, its users or the general public.

7-1. USE OF SITE AND SERVICES

1. You agree not to post, email, or otherwise make available Content or a link to the Content:

a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is nude, pornographic, adult or mature content;
c) that harasses, degrades, intimidates or is hatful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that violates the Fair Housing Act by stating, in any notice or ad for the sale or rental of any dwelling, a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
e) that violates state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
f) that impersonates any person or entity, including, but not limited to, a Pin Your Pet employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
g) that includes personal or identifying information about another person without that person’s explicit consent;
h) that is false, deceptive, misleading, deceitful, or constitutes “bait and switch”;
i) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationship;
j) that constitutes or contains “affiliate marketing”, “link referral code”, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, unsolicited commercial advertisement, doorway pages, cloned websites, self-replicated website, Made for AdSense(MFA) website, made for any other PPC engines website, payment requirement to get a job; that constitutes or contains excessive profanity, hacking/cracking, gambling or casino-related, illicit drugs and drug paraphernalia, sales of beer or spirits, sales of tobacco or tobacco-related products, sales of prescription drugs, sales of weapons or ammunition (e.g. firearms, firearm components, fighting knives, stun guns), sales of products that are replicas or imitations of designer or other goods, sales or distribution of coursework or student essays content; content regarding programs which compensate users for clicking ads or offers, performing searches, surfing websites or reading emails; any other content that is illegal, promotes illegal activity or infringes on the legal rights of others;
k) that constitutes or contains any form of advertising or solicitation if: posted in areas of the Pin Your Pet sites which are not designed for such purposes; or emailed to Pin Your Pet users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests;
l) that includes links to commercial services or web sites, except as allowed in “services”;
m) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by law. A partial list of prohibited items for sale and prohibited services offered is provided at the following web for your convenience: https://www.pinyourpet.com/terms.html
n) 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;
o) that disrupt the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users ability to use the Service; or
p) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.

2. Additionally, you agree not to:

r) contact anyone who has asked not to be contacted;
s) “stalk” or otherwise harass anyone;
t) collect personal data about other users for commercial or unlawful purposes;
u) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service, unless expressly permitted by Pin Your Pet;
v) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
w) post the same item or service in more than one classified category or forum, or in more than one metropolitan areas;
x) attempt to gain unauthorized access to computer system or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or the Pin Your Pet website; or
y) use any form of automated device or computer program that enable the submission of postings on Pin Your Pet without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in link, or for automatic submission of postings at regular intervals;
z) create multiple accounts.

8-1. POSTING AGENTS

A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on resources, you may not use Posting Agent to post Content to the Service without permission or license from Pin Your Pet. Correspondingly, Posting Agent are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with permission or license from Pin Your Pet.

9-1. NO SPAM POLICY

You understand and agree that sending unsolicited email advertisements to Pin Your Pet email addresses or through Pin Your Pet computer system, which is expressly prohibited by these TOU, including without limitation the Computer Fraud and Abuse, and other criminal laws State, may also result in civil liability. Such violations may subject the sender and his or her agents to civil and criminal penalties.

10-1. REFUND POLICY

All fees (if applied) are non-refundable after services provided even if Content is removed or service(s) terminated for violating the TOU.

11-1. LIMITATION ON SERVICE

You acknowledge that Pin Your Pet may establish limits concerning use of the Service, including the maximum number of that Content will be retained by the Service, the maximum number of accounts per person, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that Pin Your Pet has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that Pin Your Pet reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that Pin Your Pet shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12-1. ACCESS TO THE SERVICE

Pin Your Pet grants you a limited, revocable, nonexclusive license to access the Service for your own personal use in a limited way. This license does not include: (a) access to the Service by Posting Agent; or (b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by Pin Your Pet. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset off classified listings such as jobs, housing, for sale, services, or personals, or which is in the business of providing classified ad listing services.

Pin Your Pet permits you to display on your website, or create a hyperlink on your website to, individual posting on the Service so long as such use is for non-commercial a/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the TOU, absent express permission granted by Pin Your Pet to do so. You may also create a hyperlink to the home page of Pin Your Pet sites so long as the link does not portray Pin Your Pet, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive manner.

Pin Your Pet offers various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. Pin Your Pet permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to “Pin Your Pet” as the source, (d) your use or display does not suggest that Pin Your Pet promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overloads systems. Pin Your Pet reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.

Use of Service beyond the scope of authorized access granted to you by Pin Your Pet immediately terminates this permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a license from Pin Your Pet.

13-1. TERMINATION OF SERVICE

You agree that Pin Your Pet, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Pin Your Pet believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that Pin Your Pet shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination.

14-1. PROPRIETARY RIGHTS

The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of Pin Your Pet, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any aspect of the Service.

Although Pin Your Pet does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to Pin Your Pet an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant Pin Your Pet all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.

15-1. DISCLAIMER OF WARRANTIES

YOU AGREE THAT USE OF THE Pin Your Pet SITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. THE Pin Your Pet SITE AND SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, Pin Your Pet DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE Pin Your Pet SITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, Pin Your Pet DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE Pin Your Pet SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE Pin Your Pet SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, Pin Your Pet DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE Pin Your Pet SITE OR THE SERVICE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES.

16-1. LIMITATIONS OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL Pin Your Pet BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Pin Your Pet HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE Pin Your Pet SITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE Pin Your Pet SITE OR THE SERVICE, FROM INABILITY TO USE THE Pin Your Pet SITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE Pin Your Pet SITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Pin Your Pet SITE OR THE SERVICE OR ANY LINKS ON THE Pin Your Pet SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE Pin Your Pet SITE OR THE SERVICE OR ANY LINKS ON THE Pin Your Pet SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. IN SOME JURISDICTIONS, LIMITATIONS ON LIABILITY ARE NOT PERMITTED. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.

17-1. INDEMNITY

You agree to indemnify and hold Pin Your Pet, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.

18-1. GENERAL INFORMATION

The TOU constitute the entire agreement between you and Pin Your Pet and govern your use of the Service, superseding any prior agreements between you and Pin Your Pet. The TOU and relationship between you and Pin Your Pet shall be governed by the laws of Sultanate of Oman without regard to its conflict of law provisions. You and Pin Your Pet agree to submit to the personal and exclusive jurisdiction of the court located within the county of Muscat. The failure of Pin Your Pet to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filled within six (6) months after such claim or cause of action arose or be forever barred.

19-1. VIOLATION OF TERMS

Please report any violations of the TOU, by flagging the posting(s) for review, or by emailing to: https://www.pinyourpet.com/contact.

Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for Pin Your Pet to pursue legal action to enforce the TOU, you will be liable to pay Pin Your Pet the following amounts as liquidated damages, which you will be liable to pay Pin Your Pet the following amounts as liquidated damages, which you accept as reasonable estimates of damages for the specified breaches of the TOU:
a. If you post a message that (1) impersonates any person or entity; (2) falsely states or otherwise misrepresents your affiliation with a person or entity; or (3) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay Pin Your Pet one thousand Omani Rials (1,000) for each such message. This provision does not apply to messages that are lawful non-descriptive parodies of public figures.
b. If Pin Your Pet establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay Pin Your Pet Omani Rials (1,000) for each message posted in excess of such limits or for each day on which you access Pin Your Pet in excess of such limits, whichever is higher.
c. If you send unsolicited email advertisements to Pin Your Pet email addresses or through Pin Your Pet computer systems, you agree to pay Pin Your Pet one hundred Omani Rials (1,00) for each such email.
d. If you post Content in violation of the TOU, other than as described above, you agree to pay Pin Your Pet five hundred Omani Rials (5,00) for each Item of Content posted. In its sole discretion, Pin Your Pet may elect to issue warning before assessing damages.
e. If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay Pin Your Pet one hundred Omani Rials (1,00) for each and every Item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the Principal), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay Pin Your Pet an additional one hundred Omani Rials (1,00) for each Item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
f. If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without express written permission, you agree to pay Pin Your Pet three thousand Omani Rials (3,000) for each day on which you engage in such conduct.

Otherwise, you agree to pay actual damages, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of the TOU, Pin Your Pet retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or any combination thereof.

IF YOU DO NOT AGREE WITH Pin Your Pet TERMS OF USE PLEASE DO NOT USE THIS WEBSITE.

Still can’t find the answer to your question? Send us E-mail.

 

 

2. Pet Shop Services

Pinyourpet, Inc. and its affiliates and subsidiaries (hereinafter “Pinyourpet”) welcome you to Pinyourpet.com.  By clicking or tapping “Sign In”, “Create Account”, “Place Order” or entering or otherwise using our website, www.pinyourpet.com, our blogs such as Be Pinyourpet, our related websites, or our mobile applications (collectively the “Site”), you agree to and accept these terms and conditions that govern your use of the Site (the “Terms of Use” or “Terms”). Certain products, programs and services on our Site (the “Products”) may have additional terms and conditions that apply (for example, if you subscribe to our Autoship & Save subscription program, you also will be subject to the Autoship & Save Terms and Conditions) and are incorporated in these Terms. If these Terms of Use are inconsistent with terms applicable to a certain product or service, those other terms will control.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THIS SITE OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. YOU AND PINYOURPET AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND PINYOURPET WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Privacy Policy

Please review our Privacy Policy, which also governs your use of our Site and is incorporated in these Terms, to understand our practices.

Electronic Communications

When you use our Site, or send e-mails, text messages, use video calling and other communications from your desktop or mobile device to us, you are 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, 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. Where required by applicable law, we will seek express prior written consent for marketing text messages or calls to you.

Accounts

In order to use certain features of the Site and make purchases on the Site, you must register for an account with Pinyourpet (“Pinyourpet Account”) and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information and update it as necessary; and (c) your use of the Site does not violate any applicable law or regulation or these Terms.

You are responsible for maintaining the confidentiality of your Pinyourpet Account login information. You are fully responsible for all activities that are associated with your Pinyourpet Account (including but not limited to any purchases, posting reviews or other use of the Site). You agree to keep your username and password information confidential and not share it with anyone. You agree to immediately notify Pinyourpet of any unauthorized use or suspected unauthorized use of your Pinyourpet Account or any other actual or potential breach of security.

Order Acceptance

The receipt of an order number or an email order confirmation does not constitute the acceptance of an order or confirmation of an agreement to sell. Pinyourpet reserves the right, without prior notification, to limit the order quantity on any item and/or to refuse service to any customer. Verification of information may be required prior to the acceptance of an order. Prices and availability of Products are subject to change without notice. Errors will be corrected when discovered and Pinyourpet reserves the right to revoke any stated offer and to correct any error, inaccuracy, or omission (including after an order has been submitted). Certain orders constitute improper use of the Site. Pinyourpet reserves the right, at its sole discretion, to refuse or cancel any order for any reason. Your Pinyourpet account may also be restricted or terminated for any reason, at Pinyourpet’s sole discretion.

Risk of Loss and Shipping and Delivery

All items purchased from Pinyourpet are made pursuant to a shipment contract with a shipping carrier. This means that the risk of loss and title for such items pass to you upon delivery of the Products to the carrier. Products will be shipped to the address designated by you, if applicable, so long as such address is complete and complies with any shipping restrictions contained on the Site. The time and location of delivery of the Products to you is at the discretion of the carrier.

Product Descriptions

Pinyourpet attempts to be as accurate as possible. However, Pinyourpet does not warrant that Product descriptions, depictions, colours, dimensions, ingredient lists or other content on the Site are accurate, complete, reliable, current or error-free. If a Product offered by Pinyourpet is not as described, your sole remedy is to return the Product. Call us or send an email to return.

Reference Pricing

From time-to-time, we may provide additional value to customers by advertising a discount off a “List” price or “Was” price shown with a strikethrough. For example:

List:  OMR 3.99, Price OMR 2.99

Was: OMR 4.10, Price: OMR 3.99

  • “List” price means the suggested retail price of a Product as provided by a manufacturer, supplier or other retailers (and with respect to manufactures, veterinarians). It is not necessarily an actual price that was or is available elsewhere, either in the market generally or on the Site.
  • “Was” price is determined using recent price history of the Product on the Site. In particular, we calculate the “Was” price based on pricing available for the Product on the Site during at least 30 of the 90 days before we advertise a “Was” price.

 

Pricing

Pinyourpet cannot confirm the price of an item until you submit an order. If you use Autoship, the price of an item will be set at the time the order is processed (see Autoship & Save Terms and Conditions for more information). Despite our diligent efforts, it is possible that Products in our catalogue may be mispriced. If the correct price of a Product is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel our order and notify you of such cancellation. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the Products as well as all shipping and handling charges and applicable taxes. Pinyourpet will collect and remit sales tax as required by law.

Autoship & Save

By selecting Autoship on eligible items on the Site, you agree to the Autoship & Save Terms and Conditions applicable to our subscription ordering program.

Pinyourpet eGift Cards

By purchasing an eGift Card, you agree to our Gift Card Terms and Conditions. eGift Cards are emailed to recipients within one hour after you place your order. There’s no expiration date or hidden fees on eGift Cards. You can redeem one Pinyourpet eGift Card per order. eGift Cards are not returnable, refundable or redeemable for cash except as required by law. eGift Cards cannot be purchased with coupons, promotional offers or other Pinyourpet eGift Cards. Use eGift Cards to shop on the Site. Issued by Pinyourpet Promotions, LLC.

Permissible Uses of the Site

Subject to these Terms of Use, Pinyourpet grants you a limited, non-transferable, non-exclusive, license to access and make personal use of the Site. This license does not include the right to access or use the Site for any of the restricted purposes set forth below. Pinyourpet may terminate this license at any time for any reason.

The rights granted to you are subject to the following restrictions: (a) you shall not use the Site to place an order for resale on behalf of yourself or a third party for resale by that or another third party we reserve the right to cancel bulk purchases in our sole discretion; (b) you shall not license, sublicense, reproduce, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, its Products or its content without the express written consent of Pinyourpet; (c) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (d) you shall not access the Site in order to build a similar or competitive service, or to download, copy or collect content or account information for the benefit of another third party, including for purposes of resale of any of the Products; (e) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without Pinyourpet’s express written consent; and (f) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information or content (including images and text descriptions) of the Site without Pinyourpet’s express written consent.

Pinyourpet reserves the right, at any time, to modify, suspend, or discontinue the Site or any part thereof with or without notice. You agree that Pinyourpet will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or any part thereof.

Intellectual Property Rights

The Site contains valuable trademarks and service marks, the Pinyourpet design logo, and certain brands (collectively, the “Marks”). Any use of the Marks without the prior written permission of Pinyourpet is strictly prohibited. The arrangement and layout of the Site including but not limited to, the Marks, images, text, graphics, buttons, screenshots, and other content or material are the sole and exclusive property of Pinyourpet.

UNAUTHORIZED COPYING, REPRODUCTION, MODIFYING, REPUBLISHING, UPLOADING, DOWNLOADING, POSTING, TRANSMITTING, MAKING DERIVATIVE WORKS OF OR DUPLICATING ALL OR ANY PART OF THE SITE IS PROHIBITED.

Pinyourpet uses a network of independent product and content suppliers, distributors, veterinarian clinics and other third parties to supply some of the Products and content advertised on the Site. All other trademarks, service marks, product names, package designs and company names or logos associated with these Products, and other such third parties, that are not owned by us but that appear on the Site are the property of their respective owners.

Connect with a Vet Program – Limitations Regarding Information, Articles and Advice

Connect with a Vet is a feature that may not be available to all Pinyourpet customers. Through our Connect with a Vet Program, as well as other resources available on the Site, Pinyourpet offers information, articles and advice to pet parents for educational purposes only. Pinyourpet is not a licensed veterinary practice and any information offered through this Site or in the course of communications as part of tele triage services is not intended to diagnose, treat or cure your pet and is not a substitute for veterinary care provided by a licensed veterinarian. For any medical or health related advice concerning the care and treatment of your pet, contact your veterinarian or local animal hospital.

User Content

“User Content” of the Site’s user means any and all information and content, including photographs, that such user submits to Pinyourpet by any means, including through social media (e.g., Facebook, YouTube, Instagram, Pinterest, Twitter), uses with the Site (e.g., a user profile, product review, question & answer), or when you otherwise interact with Pinyourpet (e.g., when you call customer service, send us emails). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that makes you or any third party personally identifiable. You hereby affirm, represent, and warrant that (a) you own, or have the necessary licenses, rights, and/or consents to use your User Content with the Site as described herein and (b) your User Content does not violate the Acceptable Use policy in these Terms. You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Pinyourpet. Because you alone are responsible for your User Content (and not Pinyourpet), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use policy. Pinyourpet is not obligated to backup any User Content, makes no representation that it will do so, and you agree that Pinyourpet may delete User Content at any time.

By submitting your User Content or using it with the Site , you automatically grant, and you represent and warrant that you have the right to grant, to Pinyourpet an irrevocable, nonexclusive, royalty-free and fully paid worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content, and to grant sublicenses of the foregoing, solely for the purposes of including your User Content in the Site, Pinyourpet social media platforms or marketing or promotional initiatives. You agree to irrevocably waive (and cause to be waived) any claims and assertions of publicity or moral rights, or attribution with respect to your User Content.

Pinyourpet will treat any feedback, communications, or suggestions you provide to Pinyourpet as non-confidential and non-proprietary subject to the limits of applicable law and our Privacy Policy. Thus, in the absence of a written agreement with Pinyourpet to the contrary, you agree that you will not submit to Pinyourpet any information or ideas that you consider to be confidential or proprietary.

Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content and we make no guarantees regarding the accuracy, currency, suitability, or quality of any User Content, and we assume no responsibility for any User Content. Your interactions with other Site users are solely between you and such user. You agree that Pinyourpet will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.

Acceptable Use Policy

In connection with your use of the Site and interactions with Pinyourpet and its employees and users, you agree not to collect, upload, transmit, display, communicate by email, telephone or electronically, or distribute any User Content (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy rights, right of publicity, or any other intellectual property or proprietary right; (b) that is unlawful, harassing, abusive, tortious, threatening, harmful, abusive, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive (e.g., material that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual) or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; or (c) in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to use the Site to: (a) upload, transmit, or distribute any computer viruses, worms, or any software intended to damage or alter a computer system or data; (b) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (c) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (d) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies or procedures of such networks; (e) attempt to gain unauthorized access to the Site, other computer systems or networks connected to or used together with the Site, through password mining or other means; (f) harass or interfere with another user’s use and enjoyment of the Site; (g) purchase Products for resale.

We reserve the right (but have no obligation under these Terms of Use) to review any User Content, investigate, and/or take appropriate action against you, at our sole discretion, if you violate the Acceptable Use Policy or any other provision of these Terms, including removing or modifying your User Content, terminating your Pinyourpet Account, and/or reporting you to law enforcement authorities. We may also remove or modify your User Content if it, in our sole judgment, violates the rights of, harms, or threatens the safety of any other person, or creates liability for us or any other person. In order to cooperate with legitimate governmental requests, subpoenas or court orders, or to protect our business and members, we may access and disclose any information we consider necessary or appropriate, including your Pinyourpet Account username and password, Internet Protocol (IP) address and traffic information, usage history, and your User Content.

Third Party Sites and Other Users

The Site may contain links to, or advertisements for, third party web sites (collectively, “Third Party Sites”) (for example, social media sites such as Facebook, YouTube, Twitter, or Pinterest). Such Third-Party Sites are not under the control of Pinyourpet and Pinyourpet is not responsible for any Third-Party Sites. Pinyourpet provides links to these Third-Party Sites only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites. You agree that you use all Third-Party Sites at your own risk. When you link to a Third-Party Site, the applicable service provider’s terms and policies, including privacy and data gathering practices govern. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any Third-Party Site.

You hereby release us, our officers, employees, agents, affiliates, subsidiaries, parents, joint ventures, successors and any other companies under common control with us from claims, demands any and all losses, damages, rights, claims, and actions of any kind including personal injuries, death, and property damage, that are either directly or indirectly related to or arise out of any interactions with or conduct of other Site users or Third-Party Sites.

Shelters and Rescues Network Program

By joining our Shelters and Rescues Network Program (“S&R Program”) or otherwise participating in, or applying to participate in, the S&R Program, you agree to at all times comply with the Terms of Use and all S&R Program policies, schedules, guidelines, and other documents and materials referenced in these Terms of Use or otherwise posted on the S&R Program section of the Site from time to time (collectively, the “S&R Program Policies”).

We reserve the right to reject or suspend your S&R Program registration and/or participation in the S&R Program if any requested information is inaccurate, incomplete or if you are otherwise not in compliance with the S&R Program Policies. If your registration application is accepted, your charitable organization will be a “Registered Organization” for as long as all of your registration information is current and complete and you continue to be an Eligible Organization. “Eligible Organizations” are those charitable organizations that we determine:

  1. are not supporting organizations.
  2. are qualified under Section Relevant competent authorities;
  3. are public charitable organizations and not private foundations;
  4. are in good standing in their state of incorporation and in the states where they are authorized to do business;
  5. are operating an animal rescue, shelter or sanctuary for unwanted, abandoned, abused, or stray animals;
  6. do not engage in, support, encourage, or promote:
  • intolerance, discrimination or discriminatory practices based on race, sex, religion, nationality, disability, sexual orientation, or age;
  • hate, terrorism, or violence;
  • money laundering;
  • other illegal, deceptive, or misleading activities;
  • do not promote itself, Pinyourpet, animal welfare, or otherwise in a negative way; and
  • are otherwise not in violation of the terms of the S&R Program Policies.

You consent to us sending you notifications (if any), approvals (if any), and other communications relating to the S&R Program, including the S&R Program Policies to the email address then-currently associated with your S&R Program account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current. You will ensure that all information you provide to us, including your S&R Program application information, email address, and other contact information, is at all times complete, accurate, and up-to-date, and agree that failure to keep such information up to date may result in you no longer being a Registered Organization.

You can only promote or link to the S&R Program site on your website, user-generated content published through a social media account or page, offline mailings, or email correspondence and can only use such of our trademarks or logos, or other content we may make available to you, in all cases in accordance with all S&R Program Policies. You are solely responsible for your site and participation in the S&R Program, your organization, and actions taken by you or on your behalf. We will have no liability for these matters, and you agree to defend, indemnify, and hold us and our affiliates and licensors, and our and their respective employees, officers, directors, and representatives, harmless from and against all claims, damages, losses, liabilities, costs, and expenses (including attorneys’ fees) relating to these matters. With respect to any emails, social media posts, mailings and other communications you send (or cause to be sent) in connection with the S&R Program, you acknowledge that you are the originator and sender for all purposes (including under the CAN-SPAM Act of 2003 and all similar laws).

You acknowledge and agree that any Products provided to you by Pinyourpet or our customers, either through a “wish-list”, donation or otherwise (the “Provided Products”), are intended to be charitable in nature and directly benefit the animals under your care or supervision in accordance with your charitable mission. As such, you agree that the Provided Products will be used or consumed solely by in furtherance of your charitable mission, and will not be resold, remarketed or otherwise transferred to any other party.

You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the amount of donations provided to you (individually and/or collectively with other charitable organizations) in connection with the S&R Program. Except as expressly permitted by us in writing, you will not issue any press release or make any other public communication with respect to your participation in the S&R Program.

You acknowledge and agree that we may or may cause others to publicly disclose (including through a government filing, press release, interview, or any other public statement) the amount of donations provided to you (individually and/or collectively with other charitable organizations) in connection with the Program. Except as expressly permitted by us in writing, you will not issue any press release or make any other public communication with respect to your participation in the S&R Program.

Either you or we may terminate your participation in the S&R Program at any time, with or without cause, by giving the other party notice of termination, which for your termination notice will require a written request to be removed from the S&R Program, and for our termination notice may include making a notice available for your review on the S&R Program Site or providing email to the email address then-currently associated with your S&R Program account. We also reserve the right, in our sole discretion, to cancel or otherwise terminate the S&R Program at any time.

Disclaimer of Warranties

Pinyourpet intends for the information and data contained in the Site to be accurate and reliable but since the information and data have been compiled from a variety of sources, they are provided ‘AS IS’ and “AS AVAILABLE”. You expressly agree that your use of the Site and any information contained therein is at your sole risk. NEITHER PINYOURPET NOR ITS THIRD-PARTY SERVICE PROVIDERS, CONTRACTORS, PARTNERS, SUPPLIERS OR AFFILIATES WARRANT THE ACCURACY, OR COMPLETENESS OF THE CONTENT PROVIDED ON THIS SITE OR THE PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE. WE CANNOT AND DO NOT WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. Accordingly, to the extent permitted by applicable law, Pinyourpet EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY, MERCHANTABILITY AND FITNESS FOR A PURPOSE, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. Some jurisdictions do not allow the disclaimer of warranties so such disclaimers may not apply to you.

Limitation on Liability

IN NO EVENT SHALL PINYOURPET, OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUBSIDIARIES, PARENTS, JOINT VENTURES, SUCCESSORS AND ANY OTHER COMPANIES UNDER COMMON CONTROL WITH US, ANY INDEPENDENT CONTRACTORS, OR THIRD PARTY VETERINARIANS (“PINYOURPET GROUP”), BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH PINYOURPET GROUP, YOUR USE OF THE SITE, PRODUCTS, OR THIRD PARTY SITES, OR YOUR INTERACTION WITH OR RELIANCE ON ANY ADVICE FROM ANY SUCH PERSON OR ENTITY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE, PRODUCTS AND THIRD-PARTY SITES AND ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE IN CONNECTION THEREWITH INCLUDING BUT NOT LIMITED TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR IN ANY WAY RELATED TO YOUR RELATIONSHIP WITH PINYOURPET GROUP, ANY INTERACTIONS WITH OR RELIANCE ON ADVICE FROM ANY SUCH PERSON OR ENTITY, OR THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) TWENTY OMANI RIALS (OMR 20) OR (B) AMOUNTS YOU’VE PAID PINYOURPET IN THE PRIOR 12 MONTHS. WE AGREE THAT ANY CLAIM BETWEEN US MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE EVENT(S) GIVING RISE TO SUCH CLAIM.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.

Indemnity

You agree to indemnify and hold Pinyourpet Group harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site or Products, (b) your User Content, (c) your violation of these Terms, or (d) your interaction with such independent contractors or reliance on any advice provided by them. Pinyourpet Group reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter without the prior written consent of Pinyourpet. Pinyourpet will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Dispute Resolution and Agreement to Individual Arbitration

EXCEPT FOR A CLAIM THAT MAY BE BROUGHT IN SMALL CLAIMS COURT, YOU AND PINYOURPET AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.

Covered Disputes and Arbitration Requirement.  Any and all disputes between you and Pinyourpet, including disputes arising from or relating to the Site, these Terms of Use, the Privacy Policy, Autoship & Save Terms and ConditionsGift Card Terms and Conditions and any other terms and conditions that may apply to our Site and/or Products, programs and services and their interpretation or the breach, termination or validity thereof, any purchase on the Site, communications between you and Pinyourpet, the reliance on any advice provided by independent contractors or third party veterinarians in connection with the Site, or any Products or promotions provided by Pinyourpet, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes”) will be settled by binding arbitration administered by the Oman Relevant Competent Authorities (“ORCA”) under the ORCA’s Consumer Arbitration Rules in effect on the date the claim was filed.  This arbitration agreement applies to any and all disputes occurring before or after this agreement and supersedes our previous arbitration agreements.  The arbitrator will have the power to grant whatever relief would be available in court under law or in equity, including public injunctive relief, and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Notwithstanding the above, you or Pinyourpet can bring any individual claim in small claims court consistent with the jurisdictional limitations of such court.

Governing Law.  For purposes of this section, these Terms of Use and related transactions will be subject to and governed by the Oman Relevant Competent Authorities. To the extent state law applies to any portion of a proceeding brought by you or us, the applicable law will be the law of the state of your residence, as determined based on your shipping address on file with Pinyourpet.

Fees and Costs.   Except for a demand determined by an arbitrator or court to be frivolous, brought in bad faith, or where the initiating party has failed to follow the pre-arbitration dispute resolution process below, Pinyourpet will pay the filing fees for both parties. The ORCA consumer rules will otherwise apply to determine the costs and expenses due from each party.  In addition, if you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Pinyourpet will pay up to USD $1,000 of your attorneys’ fees and costs and expenses in connection with the arbitration if the arbitrator deems the payment of such amount is necessary to prevent the arbitration from being cost-prohibitive.

Batch Arbitration. To increase the efficiency of administration and resolution of arbitrations, in the event 100 or more similar individual arbitration demands presented by or with the assistance or coordination of the same law firm or organization are submitted to ORCA or another arbitration provider (if ORCA is unavailable) against Pinyourpet within a 90-day period (or in otherwise close proximity), the arbitration provider shall (i) administer the arbitration demands in batches of 100 demands per batch (to the extent there are fewer than 100 arbitration demands left over after the batching described above, a final batch will consist of the remaining demands); (ii) designate one arbitrator for each batch; and (iii) provide for a single filing fee due per side per batch. You agree to cooperate in good faith with Pinyourpet and ORCA to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of single filing and administrative fees for batches of claims. This “Batch Arbitration” provision shall in no way be interpreted as authorizing class arbitration of any kind.

Location.  At your election, the arbitration will take place in the county in which you reside or, if you choose, by telephone, video conference, or based on the parties’ written submissions.

Required Pre-Arbitration Dispute Resolution.  Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Pinyourpet will provide such notice by e-mail to your e-mail address on file with Pinyourpet and you must provide such notice by e-mail. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration. This provision is a precondition to any arbitration demand, and any party making an arbitration demand must certify that it has complied with the requirement when filing an arbitration demand and ORCA may not accept any demand without this certification.

CLASS ACTION WAIVER.  PINYOURPET AND YOU AGREE THAT ANY COVERED DISPUTE HEREUNDER WILL BE SUBMITTED TO ARBITRATION ON AN INDIVIDUAL BASIS ONLY (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). NEITHER PINYOURPET NOR YOU ARE ENTITLED TO ARBITRATE ANY COVERED DISPUTE AS A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY ACTION AND THE ARBITRATOR(S) WILL HAVE NO AUTHORITY TO PROCEED ON A CLASS, REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL BASIS (EXCEPT AS SET FORTH IN THE “BATCH ARBITRATION” PROVISION DESCRIBED ABOVE). If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration).

Miscellaneous.  Notwithstanding any provision in these Terms to the contrary, we agree that if Pinyourpet makes any future material change to this dispute resolution provision, it will not apply to any individual claim(s) for which you had already provided notice to Pinyourpet. In the event that this arbitration agreement does not apply to a given dispute, then the parties agree to the exclusive jurisdiction of the state courts in Muscat County, Muscat to resolve such claims.

Term and Termination

Subject to this Section, these Terms of Use will remain in full force and effect while you use the Site. We may (a) suspend your rights to use the Site (as well as your Pinyourpet Account) or (b) terminate the Terms, at any time for any reason at our sole discretion, including for any use of the Site in violation of the Terms or if we believe you are younger than 18. Upon termination of these Terms, your Pinyourpet Account and right to access and use the Site will terminate immediately. You understand that any termination of your Pinyourpet Account may involve deletion of any User Content you may have posted. Pinyourpet will not have any liability whatsoever to you for any termination of these Terms, including for termination of your Pinyourpet Account or deletion of your User Content.

The provisions herein related to our intellectual property rights, User Content, acceptable use, disclaimer of warranties, indemnity, limitation and liability, and dispute resolution, including individual arbitration together with any other rights and obligations which by their nature are reasonably intended to survive such termination, including the end of any other aspect of the relationship between you and Pinyourpet, including your decision to stop purchasing from Pinyourpet or the cancellation or end of any participation in any service, program, or promotion offered by Pinyourpet, will survive any termination of these Terms of Use.

Respect for Copyright Law—Digital Millennium Copyright Act (“DMCA”)

Pinyourpet respects the intellectual property of others and asks that users of our Site do the same. Except as authorized above, you are not permitted access or use of any of Pinyourpet’s Intellectual Property without our prior written consent or the consent of such third party that may own intellectual property with respect to Products displayed on Site. In connection with our Site, Products, and any services we offer, we have adopted and reasonably implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Site who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed from our Site, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  1. your physical or electronic signature;
  2. identification of the copyrighted work(s) that you claim to have been infringed;
  3. identification of the material on our services that you claim is infringing and that you request us to remove;
  4. sufficient information to permit us to locate such material;
  5. your address, telephone number, and e-mail address;
  6. a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  7. a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys’ fees incurred by us in connection with the written notification and allegation of copyright infringement.

You may submit your counter notification to Pinyourpet’s Copyright Agent by email as set in contact page.

General

We reserve the right to make changes to our Site at any time, including but not limited to our Terms, our Privacy PolicyAutoship & Save Terms and ConditionsPinyourpet Gift Card Terms and Conditions and any other terms and conditions that may apply to our Site and/or Products, programs and services. Each time you use our Site, you should visit and review the then current terms and policies that apply to your transactions and use of our Site. If you do not agree to be bound by the then current terms and policies, your sole remedy is not to use our Site. If any provision of these Terms are deemed invalid, void, or for any reason unenforceable, any such term shall be deemed severable and shall not affect the validity and enforceability of any other terms.

Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means including without limitation. If any provision of these Terms are, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. The Terms of Use, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Pinyourpet’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The Terms shall be binding upon assignees.

For questions or concerns about these Terms, including your legal relationship with Pinyourpet, please contact us.

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