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Terms of Service

Last Updated: August 01, 2024

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.

 



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.

 


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

 

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.

 


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

 

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

 

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

 

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

 

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

 

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

 

XVI. Indemnification

 

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

 

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.

 


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law

 


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback

 


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright

 


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous

 


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

 

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.

Last Updated: August 01, 2024


 

These Terms of Service (referred to as "Terms") create a legally binding agreement (known as "Agreement") between you and ALL IN PETS, governing your usage and access to the ALL IN PETS website, including any subdomains, as well as any other websites where ALL IN PETS' Services are offered (collectively referred to as the "Site"). This Agreement also includes our mobile applications, tablet applications, and other smart device applications, along with the associated services (collectively referred to as the "Services"). Collectively, the Site, Applications, and Services are referred to as the "ALL IN PETS REALM." Please note that our other Policies relevant to your use of the ALL IN PETS REALM are incorporated into these Terms by reference.

 

When these Terms refer to "ALL IN PETS," "we," "us," or "our," it pertains to ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314, United States.

 

Our collection and use of personal information in connection with your access to, and use of, the ALL IN PETS REALM, is described in our Privacy Policy.

 

Please be aware that the Terms are subject to modification by ALL IN PETS at its sole discretion at any time. In the event of any changes, ALL IN PETS will provide an updated version of the Terms on the Site and within the Application(s). The "Last Updated" date at the top or the bottom of the Terms will also be revised. If there are significant changes to the Terms, we may (and, where required by law, will) notify you through alternative means that we believe will reasonably reach you, such as via email if you have an Account or by posting an announcement on our Site. ALL IN PETS may require your consent to the updated Terms in a specified manner before you can continue using the ALL IN PETS REALM. If you do not agree to any changes after receiving notice of such changes, you must cease using the ALL IN PETS REALM. Otherwise, your continued use of the Site, Application(s), and/or Services indicates your acceptance of the modified Terms. We encourage you to regularly check the Site to stay informed of the current Terms.



 

  1. Services Offered

 

A. The ALL IN PETS REALM is an online marketplace that facilitates the connection between registered users, referred to as "Members," who engage in various services related to pet breeding and pet keeping. These services include the sale of pets, which are provided by individuals known as "Breeders." The ALL IN PETS REALM enables Breeders to create Listings for their Breeder Services and directly communicate and transact with other Members, referred to as "Buyers," who are seeking such services. The ALL IN PETS REALM further provides platforms for selling items, products and services related to keeping pets. Members acting as vendors of such pet-related products and services are referred to as “Sellers”. In their operation within the ALL IN PETS REALM, Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions.


 

  1. It's important to note that ALL IN PETS, as the provider of the REALM, does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Listings or Breeder Services. The responsibility for the accuracy and fulfillment of Listings and Breeder Services lies solely with the Breeders. When Members engage in the purchase or sale of a pet, they are entering into a contractual agreement directly with each other. ALL IN PETS does not act as a party or participant in any contractual relationship between Members and does not function as a pet breeder. Unless explicitly stated otherwise, ALL IN PETS does not act as an agent for any Member.


 

  1. The "verification" of a Member signifies that the Member has completed specific verification, vetting, and identification steps. However, it does not guarantee the Member's reliability or any other aspects related to its profile. ALL IN PETS does not have control over the quality, safety, legality, accuracy, or timing of Listings or Breeder and Seller Services, nor does it endorse any Member, Listing, Breeder/Seller Services. The accuracy of Listing descriptions, Reviews, and other Member Content cannot be guaranteed. It is important for you to exercise due diligence and caution when engaging in transactions or interactions with other Members, both online and offline, to ensure your personal safety and protect your property. ALL IN PETS and its affiliates or licensors are not liable for any claims, injuries, or damages that may arise from your use of the ALL IN PETS REALM, unless it is directly caused by ALL IN PETS' fault.


 

  1. By agreeing to these terms, the Member grants ALL IN PETS a non-exclusive, fully paid, royalty-free, worldwide license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display the Member's Listing and other Member Content, either in whole or in part. This license is granted for the purposes of providing the Services and for marketing purposes, including the use of the Listing and Member Content in advertisements for ALL IN PETS or any of the ALL IN PETS' Services. The Member's Listing and Member Content may be used on websites, applications, emails, and ALL IN PETS' pages in social media.


 

  1. The ALL IN PETS REALM may provide links and references to third-party websites or resources ("Third-Party Services"). These Third-Party Services may have their own terms and conditions and privacy practices that differ from those of ALL IN PETS. ALL IN PETS does not assume responsibility or liability for the availability or accuracy of such Third-Party Services, nor for the content, products, or services offered on or through them. The inclusion of links to Third-Party Services does not imply endorsement or recommendation by ALL IN PETS of such Third-Party Services.

  1. Please note that the availability and accessibility of the ALL IN PATS REALM may vary due to factors beyond our control. While we strive to provide continuous and uninterrupted access, there may be instances where access to certain areas or features of our platforms is restricted. These restrictions may be necessary to address capacity limits, maintain server security and integrity, or perform essential maintenance tasks to ensure the optimal functioning of the ALL IN PETS REALM. Additionally, ALL IN PETS reserves the right to make improvements, enhancements, and introduce new services to its platforms periodically.

  1.  Fees for Services provided directly by ALL IN PETS.

  1. While using the ALL IN PETS REALM is generally free for Buyers, we charge fees for providing certain Services to Members, including Breeders and Sellers, that may facilitate commercially effective interaction within the ALL IN PETS REALM.

  1.  If the facility you intend to use charges a fee, you will be able to review and accept that charge. Our fees are quoted in U.S. Dollars, and may change from time to time. Once a change occurs, it is posted at the point of the original placement. ALL IN PETS may elect to change its fees for promotional events or new trials on a temporary basis; these changes are effective when we announce the promotional event or a new service.

  1.  Our fees are non-refundable; you are responsible for paying them when they're due. Your failure to pay a recurring fee may limit your ability to use the Services.


 

  1. Member Eligibility and Registration

 

  1. To access and use the ALL IN PETS REALM or register an Account, you must be at least 18 years old and capable of entering into legally binding contracts. By registering for an Account, accessing, downloading, or using the ALL IN PETS REALM, you confirm that you have read, understood, and agreed to abide by these Terms. Furthermore, you assert that you are 18 years of age or older, and possess the legal capacity and authority to enter into a contract. If you do not agree to these Terms, you may not access or use the ALL IN PETS REALM.

  1. We understand that verifying user identities online can be challenging, and we do not assume responsibility for confirming the identity of any Member. However, in the interest of transparency and fraud prevention, and in accordance with applicable laws, we may, at our discretion, take certain actions to verify the identities or backgrounds of Members. These actions may include requesting government identification or other relevant information, conducting screenings against third-party databases, obtaining reports from service providers, and accessing public records for criminal convictions or animal abuse registrations. Please note that these verification measures are not guaranteed and may not be available in all jurisdictions.

  1. In order to access and utilize specific features of the ALL IN PETS REALM, such as creating or purchasing from Listings, you are required to register an account ("Account"). If you are registering an Account on behalf of a company or legal entity, you confirm that you possess the necessary authority to legally bind that entity and grant us the permissions and licenses outlined in these Terms. Additionally, you declare that you are not prohibited from using the ALL IN PETS REALM by the laws of the United States, your place of residence, or any other relevant jurisdiction.

  1. You are responsible for providing accurate and up-to-date information about yourself during the membership application process. This information, referred to as "Membership Data," should be true, accurate, current, and complete. It is important to promptly update the Membership Data if there are any changes to ensure its accuracy. If you knowingly provide false, inaccurate, or incomplete information, or if ALL IN PETS has reasonable grounds to suspect the provided information is untrue, inaccurate, or incomplete, ALL IN PETS reserves the right to suspend or terminate your account and deny your access to the Services, both present and future. It is important to note that ALL IN PETS may, at its discretion and without limitation, suspend or terminate your account and deny access to the Services for any reason. Creating an account using false identity or information, or on behalf of someone else, is strictly prohibited.

  1.  Registering multiple accounts is prohibited unless explicitly authorized by ALL IN PETS. You are not permitted to assign or transfer your account to another party.

  1.  You are responsible for maintaining the confidentiality and security of your Account information and login details and may not disclose them to any third party. You agree to (i) immediately notify ALL IN PETS if you know or have any reason to suspect that your Account information or login details have been lost, stolen, misappropriated, or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account, and (ii) exit from your Account at the end of each session. You are liable for any and all activities conducted through your Account, unless such activities are not authorized by you and you are not otherwise negligent.

  1. ALL IN PETS offers features that may enable you to authorize other Members or specific third parties to carry out certain actions that can impact your Account. It's important to note that the use of these features is optional and not mandatory. You have the choice to decide whether or not to grant authorization. However, please be aware that sharing your login details with any other person or entity is not required. ALL IN PETS does not authorize any third party to request your credentials, and it is strictly prohibited for you to request the details of another Member.

  1. ALL IN PETS retains the right to remove or recover any usernames at its discretion, without restriction on the timing or grounds for such actions. This includes situations where a third party asserts that a username infringes upon their rights. By using the ALL IN PETS REALM, you acknowledge and agree that you will not establish an Account or utilize the ALL IN PETS REALM if you have previously been removed by ALL IN PETS or if you have received a ban from any of the ALL IN PETS’ platforms.

  1. To access the ALL IN PETS REALM, it is your responsibility to have all the necessary equipment and software, which may include a mobile device if the Services include a mobile component. This means you must provide a suitable mobile device to connect with the ALL IN PETS REALM and utilize its services. Additionally, please note that any fees associated with accessing the ALL IN PETS REALM, such as internet connection fees or mobile service charges, are solely your responsibility.


 

  1. Prohibited Activities in the ALL IN PETS REALM: Guidelines and Restrictions


 

  1.  The ALL IN PETS REALM, including its information and content, is safeguarded by copyright laws worldwide. Under the Terms, ALL IN PETS grants you a restricted license to reproduce certain portions of the ALL IN PETS REALM solely for the purpose of utilizing the Services for your personal or internal business needs. Unless explicitly stated in a separate license by ALL IN PETS, your usage of any ALL IN PETS’ planform is governed by these Terms.


 

  1.  Subject to your adherence to the Terms, ALL IN PETS grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to download, install, and use a single copy of the Application on a mobile device or computer that you own or control. This license is solely for your personal or internal business purposes.

Additionally, if you access or download an Application from the Apple App Store, known as an "App Store Sourced Application," you agree to use it only on an Apple-branded product running the iOS operating system. Your usage of the App Store-Sourced Application must comply with the "Usage Rules" specified in the Apple App Store Terms of Service.

  1.  You acknowledge and agree that the availability of the Application (s) is subject to the terms and conditions of the third party from whom you obtained the Application license, such as the Apple App Store or Google Play (each referred to as an "App Store"). You understand that the Agreement is between you and ALL IN PETS, and not with the App Store. ALL IN PETS, being the sole entity responsible for the ALL IN PETS REALM, including the Application, its content, maintenance, support services, warranty, and addressing any related claims (e.g., product liability, legal compliance, or intellectual property infringement). To use the Application, you must have access to a wireless network and agree to bear all associated fees. Additionally, you are responsible for any fees charged by the App Store in connection with the ALL IN PETS REALM, including the Application. Your license to use the Application is contingent upon your compliance with all terms imposed by the applicable App Store's agreement while using the ALL IN PETS REALM’s features, including the Application. You acknowledge that the App Store, along with its subsidiaries, are third-party beneficiaries of the Agreement and have the right to enforce its terms.

  1. Accessing and Downloading the Application from Apple App Store

 

The following provisions apply specifically to any App Store-Sourced Application accessed or downloaded from the Apple App Store:

  1. Agreement with ALL IN PETS: You acknowledge and agree that the Agreement is solely between you and ALL IN PETS, and not with Apple. ALL IN PETS assumes full responsibility for the App Store-Sourced Application and its content. Your use of the App Store-Sourced Application must comply with the App Store Terms of Service.

  1. Maintenance and Support: You acknowledge that Apple bears no obligation to provide maintenance or support services for the App Store-Sourced Application.

  1. Warranty Claims: In the event of any failure of the App Store-Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price of the App Store-Sourced Application to the maximum extent permitted by law. However, Apple has no other warranty obligations regarding the App Store-Sourced Application. Any claims, losses, liabilities, damages, costs, or expenses arising from the failure to conform to any warranty will be the sole responsibility of ALL IN PETS.

  1. Claims and Legal Compliance: You and ALL IN PETS acknowledge that Apple is not responsible for addressing any claims you may have or any claims from third parties related to the App Store-Sourced Application, including product liability claims or claims of non-compliance with legal or regulatory requirements. Such claims will be the sole responsibility of ALL IN PETS.

  1. Intellectual Property Claims: In the event of any third-party claim alleging infringement of intellectual property rights due to the App Store-Sourced Application or your use thereof, ALL IN PETS, not Apple, will be solely responsible for the investigation, defense, settlement, and discharge of such claims to the extent required by the Agreement.

  1. Apple as Third-Party Beneficiary: You and ALL IN PETS acknowledge and agree that Apple, along with its subsidiaries, are third-party beneficiaries of the Agreement regarding your license of the App Store-Sourced Application. By accepting the Agreement's terms and conditions, Apple has the right to enforce the Agreement against you as a third-party beneficiary.

  1. Compliance with Third-Party Terms: In addition to the Agreement's terms, you must comply with all applicable third-party terms of agreement when using the App Store-Sourced Application.

  1. You acknowledge and understand that the ALL IN PETS REALM is continuously evolving. Therefore, ALL IN PETS may periodically require you to accept updates to platforms within the ALL IN PETS REALM installed on your computer or mobile device. You agree that ALL IN PETS has the right to update platforms within the ALL IN PETS REALM, with or without prior notification to you. It may be necessary for you to update third-party software occasionally to ensure the proper functioning and use of the ALL IN PETS REALM.

  1. You bear full responsibility for ensuring compliance with all applicable laws, rules, regulations, and tax obligations that may pertain to your utilization of the ALL IN PETS REALM.

  1. You commit to adhering to all relevant export control laws within your jurisdiction. Furthermore, you affirm and guarantee that (i) your location or the provision of your Breeder Service(s) does not occur in a country subject to a U.S. Government embargo or identified as a "terrorist supporting" nation by the U.S. Government, and (ii) your name does not appear on any U.S. Government list of prohibited or restricted individuals or entities.

  1. ALL IN PETS reserves the right to impose certain conditions or requirements on accessing and using the ALL IN PETS REALM, as well as specific areas or features of the platforms within it. These conditions may include, but are not limited to, completing a verification process, meeting predetermined quality or eligibility criteria, reaching specified thresholds for Reviews (see below for “Reviews”), or maintaining a satisfactory transaction and cancellation history.

  1. The ALL IN PETS REALM is intended for lawful purposes only and is to be used by Buyers seeking pets and pet-related Services, Breeders looking to market and sell pets, and Sellers offering their pet Items and Services. Your rights under the Terms are subject to the following restrictions: Any future releases, updates, or additions to the ALL IN PETS REALM are also subject to the Terms. ALL IN PETS, along with its suppliers and service providers, reserves all rights not explicitly granted in the Terms. Unauthorized use of the ALL IN PETS REALM will result in the termination of the licenses granted by ALL IN PETS as outlined in the Terms.

  1. In relation to your use of the ALL IN PETS REALM, you agree not to engage in, assist, or enable others to engage in the following activities:

a) License, sell, rent, lease, transfer, assign, reproduce, distribute, host, or otherwise commercially exploit the ALL IN PETS REALM or any element of it, including the Site.

b) Frame or use framing techniques to enclose any trademark, logo, or other property of ALL IN PETS. d) Use any metatags or other "hidden text" using ALL IN PETS' name or trademarks.

c) Access the ALL IN PETS REALM to create a similar or competitive website, application, or service.

d) Breach or circumvent any applicable laws or regulations, agreements with third parties, third-party rights, or our Terms, policies, and standards.

f) Use the ALL IN PETS REALM or Collective Content for any commercial or other purposes not expressly permitted by these Terms or in a manner that falsely implies endorsement or partnership with ALL IN PETS. See below for “Collective Content”.

g) Copy, store, or otherwise access or use any information, including personally identifiable information about any other Member, in a way that violates ALL IN PETS' Privacy Policy or these Terms or infringes the privacy rights of Members or third parties.

h) Use the ALL IN PETS REALM to distribute unsolicited commercial messages ("spam").

i) Offer Breeder Services that you do not own or have permission to make available.

j) Discriminate against or harass anyone based on race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation, or engage in any abusive or disruptive behavior.

k) Dilute, tarnish, or harm the ALL IN PETS brand, including unauthorized use of Collective Content or using domain names, trademarks, or source identifiers that imitate or are similar to the ALL IN PETS brand.

l) Use any automated means or processes to access, collect data, or interact with the ALL IN PETS REALM without authorization.

m) Attempt to circumvent any technological measures implemented by ALL IN PETS or its providers to protect the ALL IN PETS REALM.

n) Attempt to reverse engineer or disassemble any software used to provide the ALL IN PETS REALM’s functionality. 

o) Take any action that damages or adversely affects the performance or functioning of the ALL IN PETS REALM.

p) Engage in the unauthorized export, import, or transfer of the Application, except as authorized by applicable laws.

q) Violate or infringe on the rights of others or cause harm to anyone else.

These restrictions are in place to ensure the proper and lawful use of the ALL IN PETS REALM.

  1. Accessing or using specific areas and features of the ALL IN PETS REALM may be subject to additional terms and conditions, policies, standards, or guidelines, referred to as "Supplemental Terms." In the event of a conflict between these Terms and the Supplemental Terms, the Supplemental Terms will prevail regarding your access to or use of that particular area or feature, unless stated otherwise. These Supplemental Terms provide further details and requirements specific to certain aspects of the ALL IN PETS REALM.

  1.  You acknowledge that ALL IN PETS is not obligated to monitor the access to, or usage of, the ALL IN PETS REALM by any Member, or to pre-screen, review, disable access to, refuse, remove, or edit any Member Content. However, ALL IN PETS retains the right, at its sole discretion, to engage in such monitoring activities. By accepting the Terms, you provide your irrevocable consent to this monitoring. ALL IN PETS reserves the right to remove any Content that violates the Terms or is deemed objectionable, without limitation.

  1. Members agree to cooperate with and assist ALL IN PETS in good faith. If ALL IN PETS or its representative initiates an investigation into the use or abuse of the ALL IN PETS REALM, Members agree to provide ALL IN PETS with requested information and take necessary actions as reasonably requested by ALL IN PETS in relation to the investigation.

  1. If you believe that any Member you engage with, whether online or in person, has engaged in inappropriate behavior, such as offensive, violent, sexually inappropriate, or otherwise disturbing conduct, or if you suspect someone of being dishonest, you should promptly report the person to ALL IN PETS by contacting us. Please note that while we encourage you to report such incidents, our response will be in accordance with applicable laws, and we are not obligated to take any action beyond what is required by law or assume any liability towards you as a result of your report.

  1. If ALL IN PETS becomes aware of any potential violations of the Terms by you, ALL IN PETS reserves the right to investigate such violations. If, during the investigation, ALL IN PETS determines that criminal activity has taken place, ALL IN PETS reserves the right to report the matter to the appropriate legal authorities and cooperate with them as necessary. ALL IN PETS is also authorized, to the extent permitted by applicable law, to disclose any information or materials related to Listings. Breeder Services and Seller Services, including Member Content and Membership Data, that are in ALL IN PETS' possession, in connection with your use of the ALL IN PETS REALM. This disclosure may be made to (i) comply with applicable laws, legal proceedings, or government requests; (ii) enforce the Terms; (iii) respond to any claims that Member Content violates the rights of third parties; (iv) address your customer service inquiries; or (v) protect the rights, property, or personal safety of ALL IN PETS, its Members, the public, and any enforcement or government officials, as determined solely by ALL IN PETS in its discretion and to the extent it deems necessary or appropriate.

  1. ALL IN PETS REALM Сontent


 

  1. The Member-to-Member Services provided by ALL IN PETS include interactive features that enable Members, at ALL IN PETS' discretion, to create, upload, post, transmit, and store various types of content, such as photos, text, graphics, audio, video, items, or other materials or information (referred to as "Member Content") in or through the ALL IN PETS REALM. Members also have the ability to access and view Member Content as well as any content made available by ALL IN PETS in the ALL IN PETS REALM, including proprietary ALL IN PETS’ content and third-party content authorized for use by ALL IN PETS (collectively known as "Collective Content"). It is important to recognize that the responsibility for all Collective Content lies solely with the party who originated it. This means that you, as a Member, are entirely accountable for any Member Content you choose to make available on the platforms within the ALL IN PETS REALM, and other Members are similarly responsible for their own Member Content that they Make Available within the ALL IN PETS REALM.

  1. The ALL IN PETS REALM and Collective Content, either in whole or in part, are subject to copyright, trademark, and other laws and legal safeguard arrangements of the United States and other countries. By using the ALL IN PETS REALM, you acknowledge and agree that the ALL IN PETS REALM and ALL IN PETS’ Content, including all associated intellectual property rights, belong exclusively to ALL IN PETS, its licensors, or authorized and authorizing third parties. It is prohibited to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices embedded in or accompanying the ALL IN PETS REALM or Collective Content. All trademarks, service marks, logos, trade names, and other source identifiers associated with ALL IN PETS used in or in connection with the ALL IN PETS REALM and ALL IN PETS’ Content are trademarks or registered trademarks owned by ALL IN PETS. Any trademarks, service marks, logos, trade names, or other proprietary designations of third parties used in or in connection with the ALL IN PETS REALM and/or Collective Content are used for identification purposes only and may be the property of their respective owners.

  1. Except when expressly permitted in these Terms, you are prohibited from using, copying, adapting, modifying, creating derivative works of, distributing, licensing, selling, transferring, publicly displaying, publicly performing, transmitting, broadcasting, or otherwise exploiting the ALL IN PETS REALM or any Collective Content. The only exceptions are if you are the legal owner of specific Member Content or if it is expressly permitted in these Terms. You do not receive any licenses or rights, either implied or otherwise, under any intellectual property rights owned or controlled by ALL IN PETS, its licensors, or licensees, except for the licenses and rights explicitly granted in these Terms.

  1. As the owner of your Member Content, you retain all ownership rights and ALL IN PETS does not claim any ownership rights over it. These Terms do not restrict your rights to use or exploit your Member Content. However, by making your Member Content available in the ALL IN PETS REALM, you grant ALL IN PETS a fully-paid, non-exclusive, worldwide, royalty-free, sublicensable right and license (including any moral rights) to store, use, display, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform, and display such Member Content. This license allows ALL IN PETS to use and promote your Member Content within the ALL IN PETS REALM and in various media or platforms throughout the duration of these Terms.

  1. You are solely responsible for all Member Content that you make available in, or through, the ALL IN PETS REALM. Accordingly, you represent and warrant that, (i) you either are the sole and exclusive owner of all Member Content that you make available in, or through, the ALL IN PETS REALM, or you have all rights, licenses, consents, and releases that are necessary to grant to ALL IN PETS the rights in, and to, such Member Content, as contemplated under these Terms, and (ii) neither the license granted herein or your making available of the Member Content or ALL IN PETS’ use of the Member Content (or any portion thereof) will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

  1. You agree not to post, upload, publish, submit, or transmit any Member Content that: (i) is fraudulent, false, misleading (whether directly or by omission or failure to update information), or deceptive; (ii) is defamatory, libelous, obscene, pornographic, vulgar, or offensive; (iii) promotes discrimination, bigotry, racism, hatred, harassment, or harm against any individual or group; (iv) is violent or threatening, or promotes violence or actions that are threatening to any other person; (v) promotes illegal or harmful activities or substances; or (vi) violates any other ALL IN PETS’ policy.

ALL IN PETS reserves the right, without prior notice, to remove or disable access to any Member Content that violates these Terms, ALL IN PETS' current policies or standards, or that may be harmful or objectionable to ALL IN PETS, its Members, third parties, or property.

  1. ALL IN PETS acknowledges and respects copyright law, and it expects all Members to do the same. If you have grounds to believe that any content in the ALL IN PETS REALM infringes your copyrights, please follow the notification process outlined in Section XX below to inform us.


 

  1.  Payments Between Members

 

ALL IN PETS operates as a facilitator of communication and trading exchanges between Members of the ALL IN PETS REALM interested in buying or selling pets and pet-related Items and Services within the framework run by ALL IN PETS. We aim to make the process as seamless and pleasurable as possible. Any financial transaction or monetary exchange of any nature between Members goes totally outside the scope and responsibility of ALL IN PETS, using payment methods of Members’ own choice. We will not be aware of these transactions and their nature, nor of the details of any communication between Members preceding or leading to a transaction. You acknowledge and agree that you assume full responsibility for any risks associated with your access to and use of the payment methods, which are third-party, unrelated to, and outside the control of ALL IN PETS in their entirety.


 

  1. Terms and Conditions Applied to Breeders


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for creating and posting Listings. It is important that you provide precise and reliable information regarding your Breeder Service when creating a Listing. You have the option to disclose any relevant restrictions, requirements, or additional details. Please note that you bear the responsibility for the accuracy and currency of the content in your Listing, as well as the items offered.

  1. You have full responsibility for setting the prices, including any applicable taxes, for each pet listed in your Listing ("List Price").

  1. The terms and conditions stated in your Listing must not contradict these Terms.

  1. The images (photos, videos, anything else of visual nature) used in your Listings must accurately depict the quality, details, and condition of your Breeder Services.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may vary and are influenced by various factors, including, but not limited to, Buyers' search criteria and preferences, Breeder's litter and puppy/kitten/etc availability, practices or requirements, pricing, the number and quality of Images, customer service and cancellation history, and Reviews.

  1. There may be a delay of several hours before your Listing becomes searchable by keyword, category or otherwise.

  1. You acknowledge and understand that a legally binding agreement is established when you and the Buyer mutually agree on the terms of a pet sale or the provision of other Breeder Services. Please note that ALL IN PETS is not a party to this agreement.

  1. By posting a Listing and enabling the purchase of a pet, you affirm and guarantee that (i) you will not violate any agreements you have made with third parties, including other Buyers, and (ii) you will adhere to all applicable laws, including USDA regulations, tax obligations, and other legal requirements (including obtaining necessary permits, licenses, and registrations). As a Breeder, you are accountable for your own actions and omissions, as well as the actions and omissions of any individuals acting on your behalf or as your representative.


 

  1. Terms and Conditions Applied to Sellers of Items and Services


 

  1. By using the ALL IN PETS REALM, you acknowledge and agree to adhere to ALL IN PETS’ guidelines for placing Listings of pet-related Items and Services you intend to offer. You are mandated to provide full, exact and factual information regarding these Items and Services when creating a Listing. You may release any relevant additional details to get Buyers better understanding of your Items and Services.

  1. You bear full responsibility for the accuracy and currency of the content in your Listing, as well as the Items and Services offered. You bear full responsibility for setting the prices, including any applicable taxes, for each Item or Service listed in your Listing.

  1. The terms and conditions stated in your Listing must not contradict these Terms. The images (photos, videos, anything else of visual nature) and other presentational tools used in your Listings must accurately depict the quality, details, and condition of your Items and Services.

  1. As stated above, in their operation within the ALL IN PETS REALM Sellers are bound by the laws and rules governing the selling activity issued by their applicable jurisdictions. This fully concerns the exact nature of Items and Services offered for sale within the ALL IN PETS REALM.

  1. Should ALL IN PETS have reasonable grounds to believe a Seller, with knowledge and intent, tries to bypass or otherwise circumvent the guidelines for posting legitimate-only content within the ALL IN PETS REALM, this Listing would be put down immediately without notice. This applies to wrongful placement of illegal or prohibited Services of any nature that equals effective violation of good trading practices as well, were these actions done in good faith or not.

  1. Sellers are expressly forbidden to place Items and Services for sale with ALL IN PETS that are outlawed both in the U.S. and Member’s jurisdictions of origin.

  1. The position and order of Listings in search results in the ALL IN PETS REALM may be influenced by multiple factors. These may include Buyers’ individual search preferences, availability, pricing, Seller’s requirements, quality of visual presentation of Items and Services offered, reviews, Seller’s ratings and cancellation history, and other criteria.

  1. Seller’s rating(s) within the ALL IN PETS REALM is a scored/starred representation of the individual Seller’s performance record on all our platforms. It is meant to give Buyers better understanding of the quality of services and practices provided by a Seller. It is created and modified automatically according to scoring models used by ALL IN PETS. This rating index cannot be contested by a Seller. You are expressly prohibited from exploring and applying instruments to boost your individual scoring record purposefully using techniques outside the framework of good trading practices. A Seller may be stripped of its ranking by the sole and absolute discretion of ALL IN PETS.

  1. Any new Listing created, or any modification of the existing Listing may not become searchable immediately. There may be a delay of several hours or less before these changes become available for search.

  1. ALL IN PETS offers a range of paid placement options that expedite a Listing’s visual prominence and appeal.


 

  1. Terms and Conditions Applied to Buyers


 

  1. To inquire about a pet/Item/Service Listing in the ALL IN PETS REALM, you can follow the designated inquiry process. If you meet the Breeder's or the Seller’s requirements, such as completing applications, interviews, references, or other verification processes, you may proceed with purchasing a pet/Item/Service from the Listing placed by the Breeder or the Seller. Before finalizing your purchase, make sure you are presented with and have a clear idea of all applicable fees covering the part of the purchasing process the Buyer or the Seller has responsibility over and those possible additional fees beyond Buyers’ control like shipping and taxes.

  1. You agree to pay the Total Fees for any requested pet/pet Service/pet Item purchase on your own discretion using the payment option of your choice. This is done beyond control and oversight from ALL IN PETS and outside the ALL IN PETS REALM.

  1. The transfer of legal ownership of pets or Breeder Services or an Item/Service provided by a Seller from Breeders/Sellers to Buyers is not facilitated by and is outside of control of ALL IN PETS.

  1. The transfer of ownership between the Breeder and the pet Seller is subject to the provisions of California Commercial Code §2401(2) and Uniform Commercial Code §2-401(2), unless otherwise agreed upon by the Breeder and the pet Seller.

  1. If you purchase a pet on behalf of any other individual(s), you are responsible for ensuring that each additional person meets the requirements specified by the Breeder and is informed of and agrees to these Terms, as well as any terms, conditions, rules, and restrictions established by the Breeder. In the case of purchasing for a minor, you represent and warrant that you have the legal authority to act on behalf of this minor. Minors may only purchase a pet if they are sponsored and guaranteed by a responsible adult, who will assume responsibility for any pet(s) acquired.

  1.  ALL IN PETS may offer Buyers paid features that provide for more enjoyable surfing experience while in the ALL IN PETS REALM.

 

VIII. Modifications and Cancellations Policy

Breeders, Sellers and Buyers bear the sole responsibility for any modifications or cancellations of possible transactions which were made by Members connecting through the ALL IN PETS REALM. ALL IN PETS, as a marketplace, acts within its authority to provide Members with the best possible information regarding available pet Listings and Services. Decisions to go on with purchases, as well as to modify conditions of purchases or cancel purchases altogether rest exclusively with Breeders/Sellers and Buyers.

IX. User Testimonials

  1. After a transaction is completed, both Breeders/Sellers and Buyers have the option to submit an opinion, referred to as a “Review,” about each other. It's important to note that these Reviews solely represent the assessments of individual Members and not the viewpoint of ALL IN PETS. Please be aware that Reviews are not verified by ALL IN PETS, and it is recommended that each Member conducts their own research to ensure their satisfaction with a specific Member. Kindly acknowledge that ALL IN PETS holds no liability for any Reviews.

  1. All Reviews provided by Breeders/Sellers and Buyers must be fair, truthful, and based on factual experiences. Any Reviews containing offensive or defamatory language are strictly prohibited. It is essential that Reviews adhere to ALL IN PETS’ policies. Be aware that ALL IN PETS retains the right to remove any Reviews at its discretion, for any reason, and at any time. Members are strictly prohibited from exploiting the Reviews system by instructing third parties to submit positive or negative Reviews about other Members.

X. Resolving Member Disputes

Members are solely responsible for their interactions with each other while being in the ALL IN PETS REALM. Members are free to report issues of any nature resulting from interaction with other Members. ALL IN PETS reserves the right, but is not obligated, to intervene and provide assistance if any dispute arises.

 

XI. Taxation

Members are solely responsible for assessing and fulfilling their obligations regarding the reporting, collection, remittance, or inclusion of any applicable VAT or other indirect sales taxes, income taxes, or similar obligations that may arise following their interaction within the ALL IN PETS REALM. ALL IN PETS have nothing to do with any monetary exchanges between Members and is never notified of these.

Breeders/Sellers cannot include detailed taxation breakdowns in their Listings/Service offerings, as well as other elements of pricing, but are free to do so in direct correspondents with Buyers if they wish so.

 

XII. Suspension, Termination, and Other Eventualities

  1. These Terms will remain in full force and effect for the duration of your use of the ALL IN PETS REALM, subject to the provisions of this section.

  1.  You have the option to terminate this Agreement at any time by canceling your ALL IN PETS Account directly though Account settings or notifying us via email at [email protected]. 

  1.  ALL IN PETS retains the right to terminate this Agreement for convenience at any time by providing notice via email to your registered email address.

  1.  ALL IN PETS reserves the right to terminate this Agreement immediately and without notice in the following circumstances: (i) your breach of obligations under these Terms, our policies, or standards, (ii) your violation of applicable laws, regulations, or third-party rights, or (iii) ALL IN PETS’ good faith belief that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, such as in cases of fraudulent behavior by a Member.

  1. ALL IN PETS reserves the right to take any of the following measures under the following circumstances: (i) to comply with applicable law, court orders, or requests from law enforcement or administrative agencies; (ii) if you have breached these Terms, our policies or standards, applicable laws, regulations, or third-party rights; (iii) if you have provided inaccurate or fraudulent information during the ALL IN PETS’ Account registration, Listing process, or thereafter; (iv) if you or your Listings or Breeder Services/pet-related Services fail to meet applicable quality or eligibility criteria; (v) if you have received poor Reviews or complaints about your performance or conduct; or (vi) if ALL IN PETS believes in good faith that such action is reasonably necessary to protect the personal safety or property of ALL IN PETS, its Members, or third parties, or to prevent fraud or other illegal activity. These measures may include: a) refusing to display, deleting, or delaying Listings/Services, Reviews, or other Member Content; b) limiting your access to or use of the ALL IN PETS REALM; c) temporarily or permanently revoking any special status associated with your ALL IN PETS Account; or d) temporarily or permanently suspending your ALL IN PETS Account.

  1. In the case of significant breaches, and where appropriate, ALL IN PETS will notify you of any intended measures and provide an opportunity to resolve the issue to ALL IN PETS’ satisfaction.

  1.  Upon termination of this Agreement, you will not have the right to restore your ALL IN PETS Account. If your access to the ALL IN PETS REALM has been restricted, your ALL IN PETS Account has been suspended, or this Agreement has been terminated by us, you are prohibited from registering a new ALL IN PETS Account or accessing and using the ALL IN PETS REALM through another Member's account.

  1.  In the event of termination by either party, the provisions of these Terms that are intended to survive termination shall remain in effect.

 

XIII. Disclaimers

 

BY ACCESSING OR USING THE ALL IN PETS REALM OR COLLECTIVE CONTENT, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO VOLUNTARILY AND AT YOUR SOLE RISK. THE ALL IN PETS REALM AND THE ALL IN PETS CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS, AND ANY USE OF THEM IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL IN PETS, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, INVESTORS, FINANCING SOURCES, PARTNERS, AND LICENSORS (COLLECTIVELY, "THE ALL IN PETS’ PARTIES") EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

THE ALL IN PETS PARTIES DO NOT WARRANT, REPRESENT, OR GUARANTEE THAT: (1) THE ALL IN PETS REALM WILL MEET YOUR SPECIFIC REQUIREMENTS OR EXPECTATIONS; (2) YOUR USE OF THE ALL IN PETS REALM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (3) THE RESULTS OBTAINED FROM USING THE ALL IN PETS REALM WILL BE ACCURATE OR RELIABLE; OR (4) ANY ERRORS IN THE ALL IN PETS REALM WILL BE RECTIFIED.

YOU ACCESS ANY COLLECTIVE CONTENT DOWNLOADED FROM OR OTHERWISE MADE AVAILABLE THROUGH THE ALL IN PETS REALM AT YOUR OWN RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY OR PERSON, INCLUDING, BUT NOT LIMITED TO, YOUR COMPUTER SYSTEM AND ANY DEVICE YOU USE TO ACCESS THE ALL IN PETS REALM, OR ANY OTHER LOSS THAT MAY RESULT FROM ACCESSING SUCH COLLECTIVE CONTENT.

THE SERVICES PROVIDED BY ALL IN PETS MAY BE SUBJECT TO DELAYS, CANCELLATIONS, AND OTHER DISRUPTIONS. ALL IN PETS DOES NOT PROVIDE ANY WARRANTY, REPRESENTATION, OR CONDITION REGARDING THE SERVICES, INCLUDING BUT NOT LIMITED TO, THEIR QUALITY, EFFECTIVENESS, REPUTATION, OR OTHER ATTRIBUTES. YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE SUFFICIENTLY INVESTIGATED THE SERVICES, APPLICABLE LAWS, RULES, OR REGULATIONS THAT MAY APPLY TO ANY LISTING OR BREEDER SERVICE OR PET-RELATED SERVICE OR ITEM YOU PROVIDE OR RECEIVE. YOU UNDERSTAND THAT YOU SHOULD NOT RELY ON ANY STATEMENT OF LAW OR FACT MADE BY ALL IN PETS REGARDING A LISTING OR A PET-RELATED SERVICE. ANY ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM ALL IN PETS OR THROUGH THE ALL IN PETS REALM, DOES NOT CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

IF ALL IN PETS ELECTS TO PERFORM IDENTITY VERIFICATION OR BACKGROUND CHECKS ON ANY MEMBER, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY WARRANTIES, WHETHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL REVEAL PRIOR MISCONDUCT BY A MEMBER OR ENSURE THAT A MEMBER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.

 

XIV. Liability

You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising from your access to and use of the ALL IN PETS REALM and Collective Content, as well as your interactions with other Members, whether in person or online, remains with you. ALL IN PETS and any other party involved in creating, producing, or delivering the ALL IN PETS REALM or Collective Content will not be liable for any incidental, indirect, punitive, special, exemplary, or consequential damages, including lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, or the cost of substitute products or services. Additionally, ALL IN PETS will not be liable for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the ALL IN PETS REALM or Collective Content, (iii) any communications, interactions, or meetings with other Members or other individuals resulting from your use of the ALL IN PETS REALM, or (iv) your publishing or inquiring about a Listing or a Seller Service, including the provision or use of a Listing's Breeder Services. This limitation applies regardless of whether the claim is based on warranty, contract, civil wrong (including negligence), product liability, or any other legal theory, and even if ALL IN PETS has been informed of the possibility of such damages.

 

XV. Release

 

By using the ALL IN PETS REALM, you agree to release the ALL IN PETS' Parties and their successors from any and all claims, demands, losses, damages, rights, and actions, including personal injuries, death, and property damage, directly or indirectly related to or arising from your use of the ALL IN PETS REALM. This includes interactions with other Members or third-party websites that occur in connection with or as a result of these Terms or your use of the ALL IN PETS REALM. ALL IN PETS explicitly disclaims any liability that may arise between Members. If you have a dispute with one or more Members, you release us (including our affiliates, subsidiaries, officers, directors, employees, and agents) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. By entering into this release, you expressly waive any protections, whether statutory or otherwise, that would otherwise limit the scope of this release to only those claims that you may know or suspect to exist in your favor at the time of agreeing to this release.

 

If you reside in California, you are waiving the provisions of California Civil Code Section 1542, which states that a general release does not cover claims that the releasing party is not aware of or does not suspect to exist at the time of executing the release. These unknown claims, if known, may have had a significant impact on the releasing party's settlement with the debtor or released party.

 

XVI. Indemnification

 

By agreeing to these Terms, you agree to release, defend (at ALL IN PETS’ option), indemnify, and hold ALL IN PETS, its affiliates and subsidiaries, as well as our and their officers, directors, employees, and agents, harmless from any claims, liabilities, damages, losses, and expenses, including legal and accounting fees, arising from or in any way connected to the following:

(i) Your violation of these Terms, our policies, or standards. (ii) Your improper use of the ALL IN PETS REALM or any of its Services. (iii) Your interactions with other Members or any purchase or sale of a pet or Breeder Service through the ALL IN PETS. This includes any injuries, losses, or damages of any kind resulting from such interactions or transactions, whether compensatory, direct, incidental, consequential, or otherwise. (iv) Your violation of any laws, regulations, or rights of third parties.

 

XVII. Dispute Resolution and Arbitration Agreement

 

ALL IN PETS prioritizes a consumer-friendly approach to resolving disputes whenever possible. Please carefully review the following Arbitration Agreement in this Section. This agreement mandates arbitration for any disputes with ALL IN PETS and establishes limitations on the methods available to seek relief from us.


 

  1.  Applicability of Arbitration Agreement

By accessing or using the Website or Services, or engaging in any relationship with ALL IN PETS, you agree that any dispute or claim related to these matters will be resolved through binding arbitration instead of court proceedings. However, there are exceptions: (1) you may pursue claims in small claims court if they meet the criteria and remain within that jurisdiction, on an individual basis (not as part of a class or representative action); and (2) both you and ALL IN PETS may seek equitable relief in court for infringement or misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents).

a. This Arbitration Agreement applies to all disputes between the Member and ALL IN PETS, including but not limited to disputes with ALL IN PETS' fiduciaries, administrators, affiliates, subsidiaries, parent entities, and their respective employees, directors, officers, and all successors and assigns. It covers any dispute, controversy, or claim arising out of or relating to this Agreement or the Member's relationship with ALL IN PETS, including the termination of the relationship, unless otherwise provided herein.

b. This Arbitration Agreement applies to the fullest extent permitted by law, and without limitation, to disputes relating to various legal matters, including but not limited to city, county, state, or federal wage-hour laws, trade secrets, unfair competition, compensation, breaks and rest periods, expense reimbursement, termination, harassment, and claims arising under specific acts such as the Uniform Trade Secrets Act, Civil Rights Act of 1964, Americans With Disabilities Act, Age Discrimination in Employment Act, Family Medical Leave Act, Fair Labor Standards Act, Employee Retirement Income Security Act (excluding individual claims for employee benefits under benefit plans sponsored by ALL IN PETS and covered by the Employee Retirement Income Security Act of 1974 or funded by insurance), Genetic Information Non-Discrimination Act, and relevant state statutes addressing similar subject matters. It also includes all other similar federal and state statutory and common law claims.

c. This Arbitration Agreement applies to all claims, regardless of when they arose or were asserted, including those that occurred before the Effective Date of this Agreement or any prior version of this Agreement.


 

  1. Arbitration Rules and Forum. The interpretation and enforcement of this Arbitration Agreement are governed by the Federal Arbitration Act. To initiate an arbitration proceeding, you must send a letter to ALL IN PET, 815 N Royal Str. STE 202, Alexandria, VA 22314, requesting arbitration and providing a description of your claim. The arbitration will be conducted by a recognized alternative dispute resolution provider chosen by ALL IN PETS.

  1.  You have the option to select the method of arbitration, which can be conducted via telephone, based on written submissions, or in person in the country where you reside or at another location agreed upon by both parties. Any judgment based on the arbitrator's award may be entered in a court that has the necessary jurisdiction.

  1.  The arbitrator, and not any federal, state, or local court or agency, has exclusive authority to resolve any disputes regarding the interpretation, applicability, enforceability, or formation of this Arbitration Agreement. This includes claims that any part of this Arbitration Agreement is void or voidable. The arbitration process will determine the rights and obligations of both you and ALL IN PETS. The arbitration proceedings will not be combined with any other cases or parties. The arbitrator has the power to grant motions that dispose of all or part of any claim and can award monetary damages as well as non-monetary remedies available under applicable law and the rules of the arbitral forum. The arbitrator will provide a written award and statement of decision explaining the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority as a judge in a court of law to provide relief on an individual basis. The arbitrator's decision is final and binding on both you and ALL IN PETS.

  1.  By agreeing to these terms, you and ALL IN PETS are waiving your constitutional and statutory rights to bring a lawsuit in court and have a trial before a judge or jury. Instead, you are choosing to resolve all claims and disputes through arbitration under this Arbitration Agreement, except as stated in Section XVII. A above. In arbitration, an arbitrator has the authority to award the same damages and relief on an individual basis as a court would. However, arbitration does not involve a judge or jury, and any review of an arbitration award by a court is limited in scope.

  1. Waiver of class actions and consolidated actions. All claims and disputes covered by this Arbitration Agreement must be resolved on an individual basis through arbitration, and not on a class basis. Only individual relief is available, and claims of multiple customers or users cannot be arbitrated or consolidated together. If this provision is found to be invalid or unenforceable, neither you nor ALL IN PETS will be entitled to arbitration, and claims and disputes will be resolved in court as outlined in Section XVIII below.

  1.  Right to opt out within 30 Days. You have the option to opt out of the provisions of this Arbitration Agreement within 30 days after first becoming subject to it. To exercise this right, you must send a written notice of your decision to opt out to the following address: [email protected]. Your notice must include your name, address, your ALL IN PETS’ username (if any), the email address associated with your ALL IN PETS account (if applicable), and a clear statement expressing your desire to opt out of this Arbitration Agreement. If you choose to opt out, all other parts of this Agreement will still apply to you. Opting out of this Arbitration Agreement will not affect any other arbitration agreements you currently have or may enter into with us in the future.

  1.  Severability of Arbitration Agreement. If any provision of this Arbitration Agreement is determined to be invalid or unenforceable under applicable law, such provision shall be deemed to be severed from this Agreement, and the remaining provisions of the Arbitration Agreement shall remain in full force and effect.

  1. Survival of Arbitration Agreement. This Arbitration Agreement shall remain in effect even after the termination of your relationship with ALL IN PETS.

  1. Modification of Agreement. In the event that ALL IN PETS makes any material changes to this Arbitration Agreement in the future, such changes will not be applicable to any individual claim(s) for which you have already provided notice to ALL IN PETS, notwithstanding any provision in the Agreement to the contrary.

 

XVIII. Jurisdiction and Applicable Law


 

  1. You agree that this Agreement and any claim or dispute that has arisen or may arise between you and ALL IN PETS will be governed by the laws of the State of New York, except to the extent inconsistent with or preempted by federal law. The principles of conflict of laws shall not apply. Any legal actions or proceedings arising out of or in connection with this Agreement shall be brought exclusively in the state or federal courts located in the State of New York, and you consent to the jurisdiction of such courts. However, as otherwise stated in this Agreement, this choice of law and jurisdiction provision shall not prevent ALL IN PETS from seeking injunctive relief or enforcement of an arbitration award in any appropriate jurisdiction.

  1.  Unless you and ALL IN PETS agree otherwise, if the Arbitration Agreement mentioned above is determined not to be applicable to you or a specific claim or dispute, either by an arbitrator's decision or a court order, you agree that any claim or dispute arising or that may arise between you and ALL IN PETS must be exclusively resolved in a state or federal court situated in New York County, New York. You and ALL IN PETS both consent to the personal jurisdiction of the courts located within New York County, New York, for the purpose of handling all such claims or disputes in a legal proceeding.

 

XIX. Community Feedback


 

  1. We look to you for support with accountability through community-wide ongoing monitoring and enforcement. We encourage you to submit any concerns or complaints about any of our Members to [email protected]. All concerns are investigated by our screening department. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

  1. We value and appreciate your feedback, comments, and suggestions for improving the ALL IN PETS REALM. You can share your feedback by sending an email to [email protected] or through other means of communication. Please note that any feedback you provide is non-confidential and non-proprietary. By submitting feedback to us, you grant us a fully-paid, non-exclusive, worldwide, royalty-free, irrevocable, sublicensable, perpetual license to use and publish your ideas and materials for any purpose, without any obligation to compensate you.

 

XX. Copyright


 

  1. ALL IN PETS is dedicated to upholding U.S. copyright law and addressing claims of copyright infringement. We have established a policy in accordance with copyright law that allows for the removal of infringing materials and, when necessary, the termination of users who violate intellectual property rights, including copyrights, in the ALL IN PETS REALM. We will promptly review and investigate any notices alleging infringement and take appropriate actions as required by the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

  1. According to the DMCA, notifications of copyright infringement should be submitted in writing to our Designated Copyright Agent using the following contact information: 1. By mail: ALL IN PETS, 815 N Royal Str., STE 202, Alexandria, VA 22314 2. By email: [email protected]. 

  1. In order for your complaint to be valid under the DMCA, you must include the following information when providing notice of the claimed copyright infringement: a) A physical or electronic signature of a person authorized to act on behalf of the copyright owner; b) Identification of the copyrighted work claimed to have been infringed; c) Identification of the infringing material and its location within the ALL IN PETS REALM, along with sufficient information for ALL IN PETS to locate the material; d) Contact information of the copyright owner, including address, telephone number, and email address if available; e) A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; f) A statement that the information provided in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner. Please make sure to include all of the above information in your notification of claimed copyright infringement.

  1. Be aware that under the DMCA, if you make misrepresentations concerning copyright infringement, you may be held liable for damages, including costs and attorneys' fees, incurred as a result of the removal or blocking of the material in question.

 

XXI. Miscellaneous


 

  1. Unless supplemented by additional terms and conditions, policies, guidelines, or standards, these Terms constitute the complete Agreement between ALL IN PETS and you regarding the subject matter discussed herein. They supersede any prior oral or written understandings or agreements between ALL IN PETS and you regarding the access to, and use of, the ALL IN PETS REALM.

  1. Unless explicitly stated otherwise in this Agreement, this Agreement and your use of the ALL IN PETS REALM do not create a joint venture, partnership, employment, or agency relationship between you and ALL IN PETS.

  1. These Terms do not grant any rights or remedies to any person other than the parties involved and are not intended to do so.

  1. If any provision of these Terms is deemed invalid or unenforceable, that provision will be removed, and the validity and enforceability of the remaining provisions will not be affected.

  1. In the event that ALL IN PETS fails to enforce any right or provision in these Terms, such failure shall not be deemed a waiver of such right or provision, unless expressly acknowledged and agreed to by us in writing. The exercise of any remedy by either party under these Terms shall not prejudice or limit their other remedies under these Terms or as permitted by law, unless specifically stated otherwise in these Terms.

  1. Unless you obtain the prior written consent of ALL IN PETS, you are prohibited from assigning, transferring, or delegating this Agreement, including your rights and obligations under it. However, ALL IN PETS reserves the unrestricted right to assign, transfer, or delegate this Agreement and any of its rights and obligations under it. Notwithstanding the foregoing, your ability to terminate this Agreement at any time remains unaffected.

  1. Unless otherwise specified, any notices or communications to Members that are permitted or required under this Agreement will be provided in writing by ALL IN PETS through email, notifications in the ALL IN PETS REALM, telephone, or other messaging services. The date of receipt will be considered the date on which ALL IN PETS transmits the notice. For the purposes of this Agreement, you (i) consent to receive communications from ALL IN PETS in an electronic format, and (ii) acknowledge that all terms and conditions, agreements, notices, disclosures, and other communications provided by ALL IN PETS to you electronically satisfy any legal requirement that such communications be in writing. This provision does not affect your statutory rights, including those provided by the Electronic Signatures in Global and National Commerce Act at 15 U.S.C. §7001 et seq. ("E-Sign").

  1. For any inquiries or concerns regarding these Terms, please feel free to reach out to us via email or contact us at the following address: ALL IN PETS, 815 N Royal Str. STE 202, Alexandria, VA 22314.


 

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