MyPetsWelcome Business Services Terms
If you live in the European Economic Area or the United Kingdom, your use of our Business Services is governed by the EEA+ Business Services Terms, otherwise your use of the Business Services is governed by these Business Services Terms.
These Business Services Terms are effective January 1, 2023.
FOR MEMBERS IN THE U.S: PLEASE READ THESE BUSINESS TERMS AND THE MEMBER AGREEMENT CAREFULLY AS THEY EACH REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
1. Using MyPetsWelcome for Business Purposes.
Welcome to MyPetsWelcome! MyPetsWelcome is where neighbors plug into the neighborhoods that matter to them. We believe by bringing neighbors, including businesses, together, we can cultivate a kinder world where everyone has a neighborhood they can rely on. These Business Services Terms (the “Business Terms”), in addition to the Member Agreement (the “Member Agreement,” and together with the Business Terms, the “Terms”), govern your rights and responsibilities related to your use of MyPetsWelcome’s Business Services if you have your ordinary place of residence or business establishment in the United States, Australia, or Canada. Capitalized words and other defined terms used but not defined in these Business Terms have the meanings described in the Member Agreement.
“Business Services” are services and features offered to Members that are intended for commercial or business uses, such as a claimed Business Page, Local Deals, MyPetsWelcome Ads and other services listed here. Some Business Services may be subject to Supplemental Terms. If these Business Terms are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such Business Service.
By using MyPetsWelcome’s Business Services, you agree that you have read, understand, and agree to be bound by these Business Terms, which together with the underlying Member Agreement, constitute a legally binding contract. If you are accepting these Business Terms and using the Business Services on behalf of a company, partnership, organization, sole proprietorship or other legal entity (a “Business”), you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Business Terms, in which case the words “you” and “your” as used in these Business Terms shall refer to such entity. If you do not agree to these Business Terms, or do not have the authorization and authority referred to above, then you are not allowed to use the Business Services.
2. The Basics.
- Eligibility.Business Services are available to Members who meet (i) the eligibility requirements for Members set forth in the Member Agreementand (ii) any specific eligibility requirements for the applicable Business Service. We reserve the right to refuse your ability to use any Business Service at any time, for any or no reason, without liability to you.
- Termination of Business Services.In addition to and without limiting the scope of Section 15(a) (Term and Termination) in our Member Agreement, you may terminate these Business Terms with MyPetsWelcome at any time by deactivating your Business Page and discontinuing your use of our Business Services or Account. We may suspend, terminate, delete or deactivate your Account and/or Business Page or stop providing you with all or part of the Business Services at any time for any or no reason, without liability to you. Some Business Services may be subject to termination or cancellation terms in Supplemental Terms, and the Supplemental Terms shall control with respect to such Business Services.
- Availability of Business Services. We may modify or discontinue the availability of any Business Services at any time in our sole discretion without liability to you. We will notify you of any material modifications as legally required (for example, by emailing you, or by posting an amendment notice in your neighborhood’s newsfeed).
- Your Obligations. By using the Business Services (including by claiming or creating a Business Page) you represent and warrant on an ongoing basis at all relevant times that (i) you have the authority to act on behalf of the Business or Businesses associated with or claimed through your Business Page and bind such Business (including the business entity) to these Business Terms, (ii) your use of the Business Services will only be for commercial purposes and conducted in your capacity as an authorized representative of the Business, (iii) your Business and all Content you submit to MyPetsWelcome complies with all applicable laws, regulatory requirements, industry rules, and governmental regulations (collectively, “Applicable Laws”), (iv) your Member Content does not infringe or misappropriate the rights of any third party, (v) all information provided by you via the Business Services is complete and accurate, (vi) you have all necessary licenses, rights, permissions, and clearances (including from any third party) in your Member Content to use and to grant MyPetsWelcome all licenses in your Member Content described in the Terms; and (vii) except as expressly permitted by MyPetsWelcome in writing, your Member Content does not include pixels, cookies or other technology intended to track or record the activities of MyPetsWelcome Members or Visitors. You acknowledge and agree that, where applicable, you are responsible for providing data usage notices to and receiving consents from all Members or Visitors that engage with your Member Content. You agree that MyPetsWelcome will determine the size, placement and positioning of your Member Content on the Services, and MyPetsWelcome reserves the right to reject, disable, or remove your Member Content for any reason.
- Verification of Businesses. Some Business Services require MyPetsWelcome to verify your Business (including, but not limited to your related Business Page Information (as defined below) and business registration documents). You agree to provide accurate information for verification purposes and acknowledge that if we are unable to confirm the information that you have provided or if we learn that it is inaccurate, we may limit, suspend, or terminate your Account.
- Interactions and Transactions with Members.Without limiting the scope of Section 6(Being a Good Neighbor)or Section 5 (Member Transactions) of the Member Agreement, your use of the Business Services are subject to the Terms, our Community Guidelines, and our Business Posting Guidelines. You and your Business are responsible for your acts on MyPetsWelcome. You further acknowledge and agree that your and your Business’s interactions with Members may affect the reputation of your Business, and it is therefore your sole responsibility to conduct yourself appropriately and carefully in your interactions with Members. For example, how gracefully your Business responds to a negative comment may affect Members’ perception as much as (or more than) the comment itself. As stated in the Member Agreement, we are not a party to transactions or disputes between Members, including disputes over unfavorable reviews or other member Content. WITHOUT LIMITING ANY TERM OF THE MEMBER AGREEMENT, YOU AGREE THAT MYPETSWELCOME IS NOT RESPONSIBLE FOR YOUR OR YOUR BUSINESS’S INTERACTIONS WITH OTHER MEMBERS. We do not make any guarantees about the verification of Members, and we do not interview, run background checks on, monitor, supervise, or control Members.
3. Using the Business Services.
- Business Pages. Business Pages on MyPetsWelcome can be created and updated on MyPetsWelcome (i) based on third-party sources (such as business listing services), (ii) by Members who recommend a business in their neighborhood, or (iii) by Members who create or claim a Business Page. Business Pages may be public, i.e., visible both inside and outside of MyPetsWelcome. This means that they are visible to external search engines, including for search engine optimization (SEO) purposes. After you claim your Business Page, you can choose in Settingsto make your Business Page no longer externally visible. You understand that MyPetsWelcome presumes your actions and those of other Members associated with your Business Page are authorized and legitimate. MyPetsWelcome is not responsible for your Business Page or your Account, and has no obligation (but reserves the right) to verify the scope of authority of you or any other Members associated with your Business. Your business Account is tied to your role with that Business. If your position associated with a Business terminates (for example, if you resign), then you must unclaim your Business Page associated with that Business, or if applicable, transfer your Business Page. For example, your employer may want someone else to claim and manage the Business’s Business Page. If you need assistance with page transfer or account deactivation, please contact us.
- Business Page Information. Business Pages contain a basic set of details about the Business or brand, such as street address, business category, telephone number, a location map, photos, a description of the business, and other information related to the business (“Business Page Information”). Without limiting any rights granted to MyPetsWelcome in the Member Agreement or imposing any additional obligations on MyPetsWelcome, MyPetsWelcome reserves the right to correct, modify, or license Business Page Information submitted by a Member. Business Page Information may be public and accessible to or crawled by search engines. You acknowledge that MyPetsWelcome may reformat or present Business Page Information in various ways (e.g., on a map) and may share Business Page Information with our partners. In some cases, Business Page Information may not be accurate, and may not be updated promptly or at all. Business Page Information may also include notes, metrics, scores, and other information about a Business.
- Posts and Messages.Posts or comments from your Business Page or as your Business (where that feature is available), such as Business Posts or replies to Members who recommended your Business, will be affiliated with and have the same visibility as your Business Page. However, replies to private messages are visible only to you and the Member to whom you replied. Members have the ability to opt out of receiving messages from any Member, including Members with Business Pages, and some Members communicating with or commenting about you or your Business may choose to opt out of communications from you. You undertake that you will comply with Members’ choices.
- Asking for Recommendations or Reviews.You can ask your customers to review or recommend your Business on MyPetsWelcome. You can solicit recommendations in person, via email, through social media, or by sharing a direct link to your Business Page. Our goal is for recommendations to serve as a window into a Business’s standing in its community. Accordingly, you agree to be truthful, fair, and neighborly, and not to engage in conduct that could artificially inflate or harm a Business’s reputation, such as offering discounts or other incentives in exchange for recommendations (including fraudulent recommendations) or with the intent to manipulate the same. You and your Business are responsible for complying with Applicable Laws and other requirements, such as anti-SPAM laws. You agree that you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under Delaware law (Cal. Civil Code § 1670.8) and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b).
- Trademarks and Endorsements.You agree to not use MyPetsWelcome’s name, logo, or trademarks except as expressly permitted in writing by MyPetsWelcome, and may not imply that your Member Content or the Content of other Members (such as Member reviews of your Business) is in any way sponsored or endorsed by MyPetsWelcome.
- Content.As stated in the Member Agreement, you must not provide us with any prohibited Content. Claims of copyright infringement should be addressed as directed in the Member Agreement. MyPetsWelcome reserves the right to forward any other requests or claims based on your Member Content to your Business for resolution.
- Your Website. You grant MyPetsWelcome a non-transferable, non-exclusive, fully-sublicensable (through multiple tiers), royalty-free, limited license to display your public Business website on the Services or to allow for its display through iframes or other framing technology.
4. Payments for Business Services.
The use of some Business Services may require a payment or fee on a per order, per use, subscription, or other basis (“Payment”), including applicable taxes. To the extent such services include specific Supplemental Terms provided by MyPetsWelcome and they conflict with the Business Services Terms, those Supplemental Terms will apply. You agree to pay all Payments due and owed under these Business Terms or any applicable Supplemental Terms. ANY AND ALL PAYMENTS TO MYPETSWELCOME ARE FINAL, NON-CANCELABLE, AND NON-REFUNDABLE. Unless stated otherwise, you will be charged at the time of purchase. When you make a Payment to MyPetsWelcome, you are agreeing to provide our trusted third party payment processor (currently Stripe and its affiliates) with certain information related to your Payment (“Payment Information”) in order to complete the transaction. You agree that you will keep your Payment Information current. We may update your method of Payment using information provided by our payment service providers. You authorize us to continue to charge the applicable method of Payment following any update to your Payment Information.
MyPetsWelcome offers certain Business Services for which access and use is purchased or made available on a time-limited basis (each a “Subscription”). The fee for a Subscription will be charged at regular intervals based on the applicable subscription date as shown to you on checkout, starting at the time of purchase. THE SUBSCRIPTION WILL RENEW AUTOMATICALLY AT THE END OF EACH SUBSCRIPTION PERIOD UNLESS AND UNTIL YOU CANCEL. Your Subscription may include a free trial period (“Free Trial”). At the start of each such Free Trial, you may be charged a nominal fee in order to ensure your Payment Information is accurate. Thereafter, you will have access to the specified Business Services without payment for the period specified in the offer (subject to any relevant Supplemental Terms, which may limit or condition use of the Business Services during your Free Trial). You may cancel a Subscription or Free Trial through the interface of the applicable Business Services, or if no such option is available, by contacting us here. Unless you cancel your Free Trial before the end of the Free Trial period, your Free Trial will automatically convert into a paid Subscription and you will be charged the relevant Payment for the applicable Subscription.
6. Confidential MyPetsWelcome Information.
You and your Business acknowledge that MyPetsWelcome may provide you with certain information that is proprietary and confidential to MyPetsWelcome, such as aggregated statistics about neighborhood activity and size and neighborhood boundaries. You agree (i) to keep this information confidential, (ii) not to disclose this information to any third party, and (iii) to use this information only as expressly permitted by MyPetsWelcome for your internal business purposes (subject always to Section 2(g) (Data Protection) of these Business Terms). If you believe that you must disclose any of the information described in this Section due to a subpoena or similar legal duty, you will notify MyPetsWelcome in writing before doing so, and you agree to provide MyPetsWelcome with reasonable assistance if MyPetsWelcome seeks an order maintaining the confidentiality of the information.
In addition to, and without limiting the scope of Section 12 (Indemnification) of the Member Agreement, you agree to indemnify, defend, and hold the MyPetsWelcome Entities harmless from and against any claims, damages, losses, liabilities, and expenses of any kind (including reasonable legal fees and costs) related to any such claim, cause of action, or dispute due to, arising out of, or relating in any way to (a) your actual or alleged breach of these Business Terms; (b) your use of the Business Services, or any Content, products or services provided, promoted or advertised by you in connection with the Business Services; or (c) the actions related to the Business Services taken by each individual with access to your Account, whether such actions were authorized or otherwise.
- Updates. We reserve the right to amend these Business Terms, the Member Agreement, and any Supplemental Terms at any time as set forth in Section 14(b) (Updates) of the Member Agreement. If you keep using the Business Services after any such amendment is effective, you accept and agree to be bound by the new terms. If you disagree with the new terms, you must unclaim your Business Page and stop using the Business Services. Except as otherwise set forth in these Business Terms or unless expressly agreed by MyPetsWelcome in a signed writing, nothing contained in any purchase order or other agreement will in any way modify, supersede, or add any additional terms or conditions to these Business Terms.
- Conflicts. If there is a conflict between these Business Terms and the Member Agreement,these Business Terms govern with respect to your use of the Business Services to the extent of the conflict. Certain Business Services may also have or be subject to certain Supplemental Terms and additional guidelines and policies. To the extent those Supplemental Terms and additional guidelines or policies conflict with the Business Terms, the additional terms will govern with respect to your use of those Business Services solely to the extent of the conflict.
- Miscellaneous.To the extent allowed by applicable law, the English version of these Business Terms is binding and other translations are for convenience only. If any part or parts of these Business Terms are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Business Terms shall continue in full force and effect. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. These Business Terms are personal to you, and you may not assign any of your rights or obligations under these Business Terms without our prior written consent, which consent may be withheld in our sole discretion. Except as expressly provided in this Agreement, this Agreement is intended solely for the benefit of you and the MyPetsWelcome Entities, and is not intended to confer any benefits upon, or create any rights in favor of, any Person other than you and the MyPetsWelcome Entities. All of our rights and obligations under these Business Terms are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. We shall be excused for any problem due to a circumstance beyond our reasonable control. You represent and warrant on an ongoing basis and at all relevant times that you are not, nor is any individual with access to your Account, nor is any entity or person that (directly or indirectly) owns, controls, or is affiliated with you, acts on your behalf or is otherwise associated with you, subject to financial, economic or trade sanctions or embargoes, or otherwise designated on any list of prohibited or restricted parties or territories, including any such lists maintained from time to time by the United Nations Security Council, the UK Government, US Government, the Australian Government, the Canadian Government, the European Union or its member states or any member states of the European Free Trade Association, or other applicable government authority. In the event that, at any relevant time, the warranty outlined in the preceding sentence ceases to be true, complete and accurate, you shall notify us immediately.
9. Arbitration Agreement; Jurisdiction Specific Provisions.
- United States.If you live in the United States, this section applies to you, and will apply to all disputes between you and MyPetsWelcome arising out of the Business Services, including MyPetsWelcome Ads and its Terms of Service, or any other claims or disputes made in connection with these Business Terms (collectively, “Business Claims”.)
- Governing Law, Jurisdiction and Venue.Except as set forth in Subsection (v) below, these Business Terms are to be governed by and interpreted under Delaware law, without regard to its conflict of law principles. This governing law provision is limited to specifying the choice of law to be used in the governance and interpretation of these Business Terms, and shall not create any other substantive right to assert claims under Delaware law, whether under statute, common law, or otherwise. This section is only intended to specify the use of Delaware law to interpret these Business Terms. Both you and MyPetsWelcome agree that all claims or disputes arising out of or relating to these Business Terms (or any Supplemental Terms, unless expressly otherwise set forth in such Supplemental Terms) that are not subject to mandatory arbitration as set forth in these Business Terms shall be resolved exclusively in the U.S. District Court for the Northern District of Delaware, or in the Superior Court of Delaware for the County of Dover, and you hereby submit to the exclusive jurisdiction thereof.
- Arbitration Agreement.You and MyPetsWelcome agree to the arbitration and dispute resolution terms in this Section (Section 9) (the “Arbitration Agreement”). For the purposes of this Arbitration Agreement, references to “MyPetsWelcome,” “you,” “we” and “us” include our respective subsidiaries, affiliates, agents, employees, employers, partners, shareholders, predecessors in interest, successors, assigns, and heirs. We encourage you to carefully read these important terms, which include a requirement that claims arising out of or relating to these Business Terms (and any Supplemental Terms unless expressly otherwise set forth in such Supplemental Terms) shall be brought individually and subject to arbitration, except as otherwise provided in Section 9(a)(iv), Section 9(a)(v), and Section 9(a)(vi), and include instructions for how to opt out if you do not agree.
iii. Applicability. Except as set forth below in Subsections (iv) – (vi) any dispute or claim arising out of or relating in any way to your access or use of the Business Services or MyPetsWelcome Ads, or to any aspect of your relationship with MyPetsWelcome (including without limitation as a business), shall be resolved by binding arbitration, rather than in court.
- Small Claims Court.Notwithstanding the other provisions of this Arbitration Agreement, in the event the amount in controversy for any claim or dispute is less than $10,000.00, either you or MyPetsWelcome may bring an action in small claims court in the Superior Court of Delaware for the County of Dover. Should the amount in controversy of such action exceed the monetary limit of the small claims court, such action shall be dismissed without prejudice, and be shall be subject to arbitration as set forth herein.
- Emergency Equitable Relief.Notwithstanding the other provisions in this Arbitration Agreement, either you or MyPetsWelcome may seek a temporary restraining order or other temporary equitable relief from a state or federal court of competent jurisdiction, in order to maintain the status quo pending arbitration. A request for emergency equitable reliefs shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement, including the requirement to individual arbitration as set forth herein.
- Claims Not Subject to Arbitration. Notwithstanding the other provisions in this Arbitration Agreement, claims alleging defamation, violation of the Computer Fraud and Abuse Act, or infringement or misappropriation of the other party’s patent, copyright, trademark, or trade secrets shall not be subject to the arbitration requirements in this Arbitration Agreement, and may be brought in state or federal court, specifically, the U.S. District Court for the Northern District of Delaware, or in the Superior Court of Delaware for the County of Dover.
vii. Arbitration Rules and Forum. These Business Terms evidence a transaction involving interstate commerce and that notwithstanding the provision above with respect to the applicable substantive law, the Federal Arbitration Act, 9 U.S.C. §1 et seq. (“FAA”) will govern the interpretation and enforcement of this Arbitration Agreement and any arbitration proceedings in accordance therewith. If, for whatever reason, the FAA is inapplicable, the state law governing arbitration agreements in the state in which you reside shall apply. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to MyPetsWelcome, LLC, 8 The Green, Dover, DE 19901, attn: Legal Department, with copy to legal-arbitration@MyPetsWelcome.com. Your letter must include (1) the name, telephone number, mailing address, and e-mail address of the party seeking arbitration and the Account username, if any, as well as the email address associated with the Account; (2) a statement of the legal claims being asserted and the factual bases of those claims; (3) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy in United States Dollars; (4) the party’s portion of the applicable filing fee. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. The arbitration hearing will take place in Dover, Delaware, unless the Parties and the arbitrator mutually agree to a different location. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys’ fees and interest, shall be subject to JAMS’s most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/. All other claims shall be subject to JAMS’s most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS’s rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. All JAMS’s filing, administrative, and/or hearing fees, are to be split equally among the Parties, unless the arbitrator determines an unequal split of fees between the Parties is warranted. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
viii. Authority of Arbitrator. The arbitrator shall have exclusive authority to (i) determine the scope and enforceability of this Arbitration Agreement and (ii) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The exceptions to the preceding sentence are (1) all disputes arising out of or relating to the class action waiver, including any claim that all or part of the class action waiver is unenforceable, illegal, void or voidable, or such class action waiver has been breached, shall be decided by a court of competent jurisdiction and not by an arbitrator; and (2) all disputes arising out of or relating to whether either party has satisfied any condition precedent to arbitration shall be decided only by a court of competent jurisdiction and not by an arbitrator. The arbitration will decide the rights and liabilities, if any, of you and MyPetsWelcome. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and these Business Terms (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
- Waiver of Jury Trial.YOU AND MYPETSWELCOME HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. There is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.
- Waiver of Class or Other Non-individualized Relief.ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CAN’T BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of the limitations in Subsection (v), as to a claim for relief, then the claim shall be severed from the arbitration and brought in the U.S. District Court for the Northern District of Delaware, or in the Superior Court of Delaware for the County of Dover. All remaining claims shall be arbitrated.
- Severability.Except as provided in Section 9(a)(x) (Waiver of Class or Other Non-Individualized Relief), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
xii. Survival of Arbitration Agreement. This Arbitration Agreement will survive the termination of your relationship with MyPetsWelcome.
xiii. Independent Agreement. This Arbitration Agreement is intended to govern all Business Claims, and not claims arising out of the MyPetsWelcome Member Agreement. Claims arising out of the Member Agreement are independently governed by its own separate Arbitration Agreement.