Terms of Use


These Terms of Use are effective on June 1, 2013.

By accessing or using the Finding Rover website, Finding Rover services (“Service”), or any applications (including mobile applications) made available by Finding Rover (together, “Finding Rover”), however accessed, you agree to be bound by these terms of use (“Terms of Use”). Finding Rover is owned or controlled by Finding Rover Inc. (“Finding Rover”). These Terms of Use affect your legal rights and obligations. If you do not agree to be bound by all of these Terms of Use, do not access or use Finding Rover.

There may be times when we offer a special feature that has its own terms and conditions that apply in addition to these Terms of Use. In those cases, the terms specific to the special feature control to the extent there is a conflict with these Terms of Use.

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND FINDING ROVER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

BASIC TERMS AND CONDITIONS 

  1. You must be at least 14 years old to use the Service.
  2. You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content on the Finding Rover website, the Finding Rover service, or any applications (including mobile applications).
  3. You are responsible for any activity that occurs through your account and you agree you will not sell, transfer, license or assign your account, followers, username, or any account rights. With the exception of people or businesses that are expressly authorized to create accounts on behalf of their employers or clients, Finding Rover prohibits the creation of and you agree that you will not create an account for anyone other than yourself. You also represent that all information you provide or provided to Finding Rover upon registration and at all other times will be true, accurate, current and complete.
  4. You agree that you will not solicit, collect or use the login credentials of other Finding Rover members.
  5. You as a Finding Rover member are responsible for keeping your password secret and secure.
  6. You must not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities and you must not post private or confidential information on any Finding Rover interface, including but not limited to, non-public phone numbers, social security numbers, credit card numbers, checking account numbers, non-public e-mail or home addresses, or the location or probable whereabouts of any Finding Rover member, or any information that may compromise the safety of a Finding Rover member or their pets.
  7. You may not use the Service for any illegal or unauthorized purpose. You agree to comply with all laws, rules and regulations (for example, federal, state, local and provincial) applicable to your use of the Service and your Content (defined below), including but not limited to, copyright laws.
  8. You as a member of Finding Rover are solely responsible for your conduct and any data, text, files, information, usernames, images, graphics, photos, profiles, audio and video clips, sounds, musical works, works of authorship, applications, links and other content or materials (collectively, “Content”) that you submit, post or display on Finding Rover.
  9. You must not access Finding Rover’s private Application Programming Interface (“API”) by means other than those permitted by Finding Rover. Use of Finding Rover’s API is subject to a separate set of terms.
  10. You will not create or submit unwanted email, comments, likes or other forms of commercial or harassing communications (a/k/a “spam”) to any Finding Rover members.
  11. You must not use domain names or web URLs in your username without prior written consent from Finding Rover.
  12. You must not interfere or disrupt the service or servers or networks connected to the service, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject Content or code or otherwise alter or interfere with the way any Finding Rover page is rendered or displayed in a user’s browser or device.
  13. You must not create accounts in Finding Rover through unauthorized means, including but not limited to, by using an automated device, script, bot, spider, crawler or scraper.
  14. You must not attempt to restrict another member from using or enjoying Finding Rover and you must not encourage or facilitate violations of these Terms of Use or any other Finding Rover terms.
  15. Violation of these Terms of Use may, in Finding Rover’s sole discretion, result in termination of your Finding Rover membership account. You understand and agree that Finding Rover cannot and will not be responsible for the Content posted on Finding Rover and you use Finding Rover at your own risk. If you violate the letter or spirit of these Terms of Use, or otherwise create risk or possible legal exposure for Finding Rover, we can stop providing all or part of the Service to you.

GENERAL CONDITIONS

  1. Finding rover reserves the right to modify or terminate your membership or your access to Finding Rover for any reason, without notice, at any time, and without liability to you. You can deactivate your Finding Rover account by logging into Finding Rover and delete your membership account. If Finding Rover terminates your access to the Service, your photos, comments, likes, friendships, and all other data will no longer be accessible (e.g., users will not be able to navigate to your username and view your photos or posts, along with your pet information), but those materials and data may persist and appear within Finding Rover (e.g., if your Content has been reshared by others).
  2. Upon termination, all licenses and other rights granted to you in these Terms of Use will immediately cease.
  3. Finding Rover reserves the right, in our sole discretion, to change these Terms of Use (“Updated Terms”) from time to time. Unless Finding Rover makes a change for legal or administrative reasons, we will endeavor to provide reasonable advanced notice before the Updated Terms become effective. You agree that we may notify you of the Updated Terms by posting them on Finding Rover, and that your use of Finding Rover after the effective date of the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms of Use and any Updated Terms before using the Service. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of Finding Rover from that point forward. These Terms of Use will govern any disputes arising before the effective date of the Updated Terms.
  4. We reserve the right to refuse access to the Service to anyone for any reason at any time.
  5. Finding Rover reserves the right to force forfeiture of any member username for any reason.
  6. Finding Rover may, but has no obligation to, remove, edit, block, and/or monitor Content or accounts containing Content that Finding Rover determines in our sole discretion violates these Terms of Use.
  7. You are solely responsible for your interaction with other members of Finding Rover, whether online or offline. You agree that Finding Rover is not responsible or liable for the conduct of any member. Finding Rover reserves the right, but has no obligation, to monitor or become involved in disputes between you and other users.
  8. There may be links from Finding Rover, or from communications you receive from Finding Rover, to third-party web sites or features. There may also be links to third-party web sites or features in images or comments within Finding Rover. Finding Rover also includes third-party Content that we do not control, maintain or endorse. Functionality on Finding Rover may also permit interactions between Finding Rover and a third-party website or feature, including applications that connect Finding Rover or your profile on Finding Rover with a third-party website or feature. . Finding Rover does not control any of these third-party web services or any of their Content. You expressly acknowledge and agree that Finding Rover is in no way responsible or liable for any such third-party services or features. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH THIRD PARTIES FOUND THROUGH THE SERVICE ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. You may choose, at your sole and absolute discretion and risk, to use applications that connect Finding Rover or your profile on Finding Rover with a third-party service (each, an “Application”) and such Application may interact with, connect to or gather and/or pull information from and to your member profile. By using such Applications, you acknowledge and agree to the following: (i) if you use an Application to share information, you are consenting to information about your profile on the Service being shared; (ii) your use of an Application may cause personally identifying information to be publicly disclosed and/or associated with you, even if Finding Rover has not itself provided such information; and (iii) your use of an Application is at your own option and risk, and you will hold the Finding Rover Parties (defined below) harmless for activity related to the Application.
  9. Finding Rover prohibits crawling, scraping, caching or otherwise accessing any Content on the Service via automated means, including but not limited to, user profiles and photos (except as may be the result of standard search engine protocols or technologies used by a search engine with Finding Rover’s express consent).

RIGHTS

  1. Finding Rover does not claim ownership of any Content that you post on or through Finding Rover. Instead, you hereby grant to Finding Rover a non-exclusive, fully paid and royalty-free, transferable, sub-licensable, worldwide license to use the Content that you post on or through the Service, subject to the Privacy Policy. As a member, you agree that Finding Rover has the right to use any Content that you post through Finding Rover for any marketing, advertising, or other commercial purpose, and you have no expectation, and expressly acknowledge that you are not and will never be, entitled to compensation.
  2. In some cases Finding Rover is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Finding Rover may place such advertising and promotions on Finding Rover or on, about, or in conjunction with your Content. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
  3. You acknowledge that we may not always identify paid services, sponsored Content, or commercial communications as such.
  4. You represent and warrant that: (i) you own the Content posted by you on or through Finding Rover or otherwise have the right to grant the rights and licenses set forth in these Terms of Use; (ii) the posting and use of your Content on or through Finding Rover does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) you agree to pay for all royalties, fees, and any other monies owed by reason of Content you post on or through Finding Rover; and (iv) you have the legal right and capacity to enter into these Terms of Use in your jurisdiction.
  5. Finding Rover contains content owned or licensed by Finding Rover (“Finding Rover Content”). Finding Rover Content is protected by copyright, trademark, patent, trade secret and other laws, and, as between you and Finding Rover, Finding Rover owns and retains all rights in the Finding Rover Content and Service. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Finding Rover Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit the Finding Rover Content.
  6. While it is Finding Rover’s intention for the Service to be available as much as possible, there will be occasions when Finding Rover services may be interrupted, including, without limitation, for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. Also, Finding Rover reserves the right to remove any Content from Finding Rover for any reason, without prior notice. Content removed from Finding Rover may continue to be stored by Finding Rover, including, without limitation, in order to comply with certain legal obligations, but may not be retrievable without a valid court order. Consequently, Finding Rover encourages you to maintain your own backup of your Content.
  7. You agree that Finding Rover is not responsible for, and does not endorse, Content posted within the Service. Finding Rover does not have any obligation to prescreen, monitor, edit, or remove any Content. If your Content violates these Terms of Use, you may bear legal responsibility for that Content.
  8. Except as otherwise described in the Privacy Policy, as between you and Finding Rover, any Content will be non-confidential and non-proprietary and we will not be liable for any use or disclosure of Content. You acknowledge and agree that your relationship with Finding Rover is not a confidential, fiduciary, or other type of special relationship, and that your decision to submit any Content does not place Finding Rover in a position that is any different from the position held by members of the general public, including with regard to your Content. None of your Content will be subject to any obligation of confidence on the part of Finding Rover, and Finding Rover will not be liable for any use or disclosure of any Content you provide.
  9. It is Finding Rover’s policy not to accept or consider content, information, ideas, suggestions or other materials other than those we have specifically requested and to which certain specific terms, conditions and requirements may apply. This is to avoid any misunderstandings if your ideas are similar to those we have developed or are developing independently. Accordingly, Finding Rover does not accept unsolicited materials or ideas, and takes no responsibility for any materials or ideas so transmitted. If, despite our policy, you choose to send us content, information, ideas, suggestions, or other materials, you further agree that Finding Rover is free to use any such content, information, ideas, suggestions or other materials, for any purposes whatsoever, including, without limitation, developing and marketing products and services, without any liability or payment of any kind to you.

REPORTING COPYRIGHT AND OTHER IP VIOLATIONS

  • We respect other people’s rights, and expect you to do the same. If you infringe other people’s intellectual property rights, we will disable your account when appropriate

DISCLAIMER OF WARRANTIES

THE SERVICE, INCLUDING, WITHOUT LIMITATION, FINDING ROVER CONTENT, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER FINDING ROVER NOR ITS PARENT COMPANY NOR ANY OF THEIR EMPLOYEES, MANAGERS, OFFICERS OR AGENTS (COLLECTIVELY, THE FINDING ROVER PARTIES”) MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SERVICE; (B) THE FINDING ROVER CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO FINDING ROVER OR VIA THE SERVICE. IN ADDITION, THE FINDING ROVER PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.

BY ACCESSING OR USING FINDING ROVER YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SERVICE.

THE FINDING ROVER PARTIES DO NOT ENDORSE CONTENT AND SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT.

LIMITATION OF LIABILITY WAIVER

UNDER NO CIRCUMSTANCES WILL THE FINDING ROVER PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SERVICE; (B) THE FINDING ROVER CONTENT; (C) USER CONTENT; (D) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SERVICE; (E) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE FINDING ROVER PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR OR ANY OTHER PARTY’S USE OF THE SERVICE; (F) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER INTELLECTUAL PROPERTY OWNERS; (G) ANY ERRORS OR OMISSIONS IN THE SERVICE’S OPERATION; OR (H) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF FORESEEABLE OR EVEN IF THE FINDING ROVER PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SERVICE). IN NO EVENT WILL THE FINDING ROVER PARTIES BE LIABLE TO YOU OR ANYONE ELSE FOR LOSS, DAMAGE OR INJURY, INCLUDING, WITHOUT LIMITATION, DEATH OR PERSONAL INJURY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT WILL THE FINDING ROVER PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTION EXCEED ONE HUNDRED UNITED STATES DOLLARS ($100.00).

BY ACCESSING FINDING ROVER, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

FINDING ROVER IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.

INDEMNIFICATION

You (and also any third party for whom you operate an account or activity on the Service) agree to defend (at Finding Rover’s request), indemnify and hold the Finding Rover Parties harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney’s fees and costs, arising out of or in any way connected with any of the following (including as a result of your direct activities on the Service or those conducted on your behalf): (i) your Content or your access to or use of the Service; (ii) your breach or alleged breach of these Terms of Use; (iii) your violation of any third-party right, including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Finding Rover in the defense of any claim. Finding Rover reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Finding Rover.

ARBITRATION

You agree that any and all disputes between you and Finding Rover (whether or not such dispute involves a third party) with regard to your relationship with Finding Rover, including without limitation disputes related to these Terms of Use, your use of Finding Rover, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association’s rules for arbitration of consumer-related disputes and you and Finding Rover hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local “small claims” court, if permitted by that small claims court’s rules. You may bring claims only on your own behalf. Neither you nor Finding Rover will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person’s account, if Finding Rover is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Finding Rover or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with these Terms of Use.

TIME LIMITATION ON CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Finding Rover must be filed within twelve months after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW & VENUE

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law AND WILL SPECIFICALLY NOT BE GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS, IF OTHERWISE APPLICABLE. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes or if you opt out of the agreement to arbitrate, you agree to resolve any dispute you have with Finding Rover exclusively in a state or federal court located in Stockton, California, and to submit to the personal jurisdiction of the courts located in San Joaquin County for the purpose of litigating all such disputes.

If any provision of these Terms of Use, including those found in the Arbitration Provision, is held to be unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, then that provision will be deemed severable from and will not affect the validity and enforceability of any remaining provisions. Finding Rover’s failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Finding Rover reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Finding Rover.

ENTIRE AGREEMENT

If you are using Finding Rover on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use constitute the entire agreement between you and Finding Rover and governs your use of Finding Rover, superseding any prior agreements between you and Finding Rover. You will not assign the Terms of Use or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without the prior written consent of Finding Rover. Any purported assignment or delegation by you without the appropriate prior written consent of Finding Rover will be null and void. Finding Rover may assign these Terms of Use or any rights hereunder without your consent. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect. Neither the course of conduct between the parties nor trade practice will act to modify the Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.

TERRITORIAL RESTRICTIONS

The information provided within Finding Rover is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Finding Rover to any registration requirement within such jurisdiction or country. We reserve the right to limit the availability of Finding Rover or any portion of Finding Rover, to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any content, program, product, service or other feature that Finding Rover provides.

The effective date of these Terms of Use is June 1, 2013.