PawBoost.com Terms of Service ("Agreement")

This Agreement was last modified on May 9, 2017 to include our new Featured Pet spot

Please read these Terms of Service completely on using www.PawBoost.com which is owned and operated by PawBoost.com. This Agreement documents the legally binding terms and conditions attached to the use of the Site at www.PawBoost.com.

By using or accessing the Site in any way, viewing or browsing the Site, or adding your own content to the Site, you are agreeing to be bound by these Terms of Service.

Intellectual Property

The Site and all of its original content are the sole property of PawBoost.com and are, as such, fully protected by the appropriate international copyright and other intellectual property rights laws.

Termination

PawBoost.com reserves the right to terminate your access to the Site, without any advance notice.

Links to Other Websites

Our Site does contain a number of links to other websites and online resources that are not owned or controlled by PawBoost.com.

PawBoost.com has no control over, and therefore cannot assume responsibility for, the content or general practices of any of these third party sites and/or services. Therefore, we strongly advise you to read the entire terms and conditions and privacy policy of any site that you visit as a result of following a link that is posted on our site.

Publishing of Content

You hereby acknowledge and agree that you are solely responsible for all materials that you approve for publishing, display, and distribution by us in connection with the Services, or that you post, publish or distribute in connection with the Services, including without limitation, advertisements prepared by us for you (including all information, trademarks, and photographs contained in such advertisements), information, data, text, software, links, photographs, pictures, graphics, video, messages, files and any other materials (“User Content”). You represent, warrant and agree that no User Content that you approve for publishing, display, and distribution by us, or submitted by you or through your account, will: violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights;contain libelous or defamatory material; or violate or encourage violation of any applicable, laws, regulations, rules, professional codes, codes of ethics, administrative laws, codes of conduct or standards (including, without limitation, rules, standards or codes of conduct for non-governmental or quasi-governmental associations), e.g., federal, state, or local laws, regulations, rules, professional codes, codes of ethics, or administrative laws.

For the purpose of clarity, by paying us to publish and distribute an advertisement prepared by us for you, you are approving the publishing of such advertisement by us on your behalf. You represent and warrant that you have all legal rights necessary to publish and distribute (or necessary to have us publish and distribute) any User Content or that you own such User Content. You represent and warrant that the advertisement prepared by us for you will comply with all applicable laws, rules, and regulations.

Service Fees

Certain parts of the Site may be accessed and used without charge. For use of certain Services, you are required to pay applicable fees which may change from time to time subject only to your right to terminate such Services in accordance with the terms thereof. Fees vary by Service. Current fee schedules are available on the Site. You are responsible for payment of all applicable fees incurred by your Site account. All fees due from you to us hereunder, including to the extent applicable, quarterly subscription fees, annual subscription fees, one-time product purchase fees, recurring fees, quarterly and annual renewal fees, third-party fees, applicable taxes, and charge-back fees are referred to herein as “Service Fees”. A full breakdown of applicable Service Fees is available upon request, including advertising/service fees spent through social media (e.g. Facebook).

You agree that we may charge all Service Fees to the payment method (e.g., credit card, PayPal account, debit card, etc.) you have provided in your Registration Information. You are responsible for the timely payment of all Service Fees at the time the Services are ordered by you. It is your responsibility to notify us if your payment method has changed by making the appropriate changes to your account settings. If you do not provide a valid payment method, or if your designated payment method is determined by us to be inactive for any reason, we may immediately discontinue providing Services to you. Purchases will appear on your credit or debit card statements as “PAWBOOST*.” You agree not to cause your credit or debit card company to reverse or “chargeback” any Service Fees charged in accordance with these Terms and Conditions; and in the event you do so, we may terminate your use of the Site and Services, and you agree to reimburse us for any costs incurred in responding to such chargeback, including, without limitation, our actual costs paid to the credit or debit card company, including chargeback fees, and the value of the time our employees spend on the matter as determined in our discretion in good faith.

Featured Pet Spot
The Featured Pet spot enables you to purchase space at the top of our lost & found database (displayed on website, app, and other locations) for the respective city for 7 days, or until the pet is marked reunited, deceased, rehomed, or surrendered.

The pet will not appear at the top as the Featured Pet for people browsing lost & found pets outside the respective city.

The Featured Pet spot is only available in certain cities, chosen at the discretion of PawBoost. The Featured Pet service is subject to our standard refund policy.

Automatic PawBoost Alert Renewals (Auto-Renew)
We offer our our customers the ability to enable the Auto-Renew feature for those who do not wish to have any interruption to their activated PawBoost Alert. Auto-Renew preference is specified at checkout, and can be turned off or on at any time by clicking the appropriate button in your online dashboard using your email address and the password provided at purchase.

Auto-Renew is processed approximately at the time of expiration of the PawBoost Alert. The Auto-Renew process charges your card for the same amount as the most recent charged amount, and extends the PawBoost Alert for the same duration as the most recent PawBoost Alert.

Due to the nature of the Auto-Renew feature we make an effort to send out reminders as the PawBoost Alert approaches expiration. The Auto-Renew feature on PawBoost Alerts is subject to our standard refund policy.

Refund Policy

PawBoost Alert
DUE TO THE URGENT NATURE AND COSTS INCURRED IMMEDIATELY AT TIME OF PURCHASE TO DISTRIBUTE A PAWBOOST ALERT WE CANNOT OFFER REFUNDS OUTSIDE OF THE LIMITED SITUATIONS LISTED BELOW:

  1. Product malfunction. In order to be considered a “product malfunction” the user must report the malfunction to support@PawBoost.com while the Services are still active, and the product malfunction must be verified by us. The final determination as to whether a report qualifies as a product malfunction is at our sole and absolute discretion.
    1. We are a local awareness advertising tool. The Services are functioning properly when they deliver localized ad views. The Services are not designed to physically locate your lost pet. As such, if your campaign does not deliver phone calls, emails, or messages to you, that does not qualify as a product malfunction.
  2. Billing error.
    1. Auto-Renew: If you are In order to be considered a "billing error" the user: (i) must forward the cancellation confirmation (e.g. "User has turned OFF Auto-Renew") email to cancel@PawBoost.com. The cancellation confirmation email must show that the user canceled the Services before (not on or after) the renewal date on file for the Service in question.
    2. If you are erroneously billed at any time during your Service period.

Limitation of Liability

IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICES, EVEN IF WE ARE AWARE OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY WARRANTIES FOR THIRD PARTY SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR THE SITES OR SERVICE, OR ACCESSED THROUGH ANY LINKS ON THE SITE. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID, IF ANY, BY YOU TO US FOR THE SERVICES; AND (B) TEN DOLLARS ($10). CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

Indemnity

You agree to indemnify and hold us and our directors, officers, agents, contractors, affiliates, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any claim, action, investigation or proceeding made or instituted by any third party due to or arising out of:

  1. your breach of any representations or warranties made by you hereunder or your breach of the Terms and Conditions;
  2. your use of the Services or the Site in violation of the Terms and Conditions; or
  3. your violation of any law or the rights of a third party.
You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Site or the Services.

Disclaimer of Warranties

We are not responsible for any incorrect or inaccurate content published on the Site or in connection with the Services, including User Content published by users (or published by us on behalf of users) of the Site or the Services. We are not responsible for the conduct, whether online or offline, of any user of the Site. The Site and the Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, the Site or the Services. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software, or the failure of email on account of technical problems or traffic congestion on the Internet or at any web site, including injury or damage to any person’s computer related to or resulting from participating or downloading materials in connection with the Site or the Services. Under no circumstances will we be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Services, the Site or any content published on the Site (whether or not Site Content, User Content, or other content). THE SITE, THE SERVICES AND ALL CONTENT ON THE WEBSITE ARE PROVIDED “AS-IS” AND WE DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. WE CANNOT GUARANTEE AND DO NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICES.

WE ARE NOT RESPONSIBLE FOR ENSURING THAT USER CONTENT PUBLISHED BY USERS (OR PUBLISHED BY US ON BEHALF OF USERS) OF THE SITE OR THE SERVICES COMPLIES WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS, AND WE OFFER NO WARRANTY THAT ANY SUCH USER CONTENT SHALL COMPLY WITH APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS. WE SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER FOR YOUR COMPLIANCE WITH OR BREACH OF ANY APPLICABLE ADVERTISING LAWS, RULES OR REGULATIONS.

WE OFFER YOU NO GUARANTEE OF PHYSICALLY LOCATING YOUR LOST PET AS A RESULT OF THE DISPLAY OF ADVERTISEMENTS PREPARED BY US FOR YOU.

Governing Law

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of North Carolina, U.S.A., without reference to conflicts of laws provisions and, as to matters affecting copyrights, trademarks and patents, by U.S. federal law. Any dispute or claim arising out of, or in connection with, the Terms and Conditions shall be finally settled by binding arbitration in Raleigh, North Carolina, in accordance with N.C. Gen. Stat. § 1-567.1 et seq. (the “Uniform Arbitration Act”) and the then-current rules and procedures of the American Arbitration Association by one (1) arbitrator appointed by the American Arbitration Association. The arbitrator shall apply the law of the State of North Carolina, without reference to rules of conflict of law or statutory rules of arbitration, to the merits of any dispute or claim. Judgment on the award rendered by the arbitrator may be confirmed, reduced to judgment and entered in any court of competent jurisdiction. You agree that, any provision of applicable law notwithstanding, the arbitrator shall have the authority to award the prevailing party its costs and reasonable attorneys’ fees. In the event that the above arbitration provision is held invalid or unenforceable, then any dispute with respect to the Terms and Conditions shall be brought and heard either in the North Carolina state courts located in Wake County, North Carolina, or the federal district court for the Eastern District of North Carolina located in Raleigh, North Carolina. In such event, you consent to the in personam jurisdiction and venue of such courts. You agree that service of process upon you in any such action may be made if delivered in person, by courier service, by telefacsimile or by first class mail, and shall be deemed effectively given upon receipt.

Miscellaneous

The Terms and Conditions set forth the entire agreement between you and us pertaining to your use of the Site and the Services. If any provision of this Agreement is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of this Agreement shall continue in full force and effect. Our failure to exercise any right or provision of this Agreement shall not constitute a waiver of such right or provision. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits. These Terms and Conditions, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. These Terms and Conditions do not, and shall not be deemed to, constitute a partnership or joint venture between you and us, and neither you nor we, nor your or our respective directors, officers, employees, or agents shall, by virtue of the performance of the obligations under these Terms and Conditions, be deemed to be an agent or employee of the other, and neither you nor we has the authority to bind the other under any contract, agreement, or otherwise.

Changes to This Agreement

PawBoost.com reserves the right to modify these Terms of Service at any time. We do so by posting and drawing attention to the updated terms on the Site. Your decision to continue to visit and make use of the Site after such changes have been made constitutes your formal acceptance of the new Terms of Service.

Therefore, we ask that you check and review this Agreement for such changes on an occasional basis. Should you not agree to any provision of this Agreement or any changes we make to this Agreement, we ask and advise that you do not use or continue to access the PawBoost.com site immediately.

Contact Us

If you have any questions about this Agreement, please feel free to contact us at  help@PawBoost.com.