Terms of Service
Last updated: January 26, 2025
Effective date: January 26, 2025
IMPORTANT: PLEASE READ THESE TERMS CAREFULLY. BY USING PAWCOST, YOU AGREE TO BE BOUND BY THESE TERMS. THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.
1. Agreement to Terms
These Terms of Service ("Terms") constitute a legally binding agreement between you and PawCost ("Company," "we," "us," or "our"). By accessing or using our website, mobile application, or any related services (collectively, the "Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not access or use the Service.
2. Geographic Restrictions - United States Only
THE SERVICE IS INTENDED SOLELY FOR USERS LOCATED WITHIN THE CONTINENTAL UNITED STATES OF AMERICA.
By using the Service, you represent and warrant that:
- You are located within the fifty (50) United States of America and the District of Columbia
- You are accessing the Service from within the United States
- Your use of the Service complies with all applicable U.S. federal, state, and local laws
We make no representations that the Service is appropriate or available for use in other locations. Access to the Service from territories where its contents are illegal is prohibited.
3. Description of Service
PawCost is an online directory that aggregates publicly available information about low-cost pet care providers, including but not limited to non-profit veterinary clinics, humane societies, ASPCA facilities, low-cost spay/neuter programs, and community vaccination clinics.
The Service includes:
- Directory listings of low-cost pet care providers
- User-submitted reviews, ratings, and recommendations
- Business self-listing capabilities
- Search and filtering functionality
4. DISCLAIMER OF WARRANTIES - PLEASE READ CAREFULLY
THE SERVICE AND ALL INFORMATION, CONTENT, MATERIALS, AND LISTINGS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:
- IMPLIED WARRANTIES OF MERCHANTABILITY
- FITNESS FOR A PARTICULAR PURPOSE
- NON-INFRINGEMENT
- ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY INFORMATION
- THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR:
- The accuracy of any pricing, hours, or availability information
- The quality of services provided by any listed business
- The legitimacy, licensing, or credentials of any listed provider
- Any third-party content, products, or services
- Any user-submitted content, reviews, or recommendations
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. YOU MUST INDEPENDENTLY VERIFY ALL INFORMATION WITH THE SERVICE PROVIDER BEFORE MAKING ANY DECISIONS OR TAKING ANY ACTIONS BASED ON INFORMATION FOUND ON THIS SERVICE.
5. RELEASE OF LIABILITY AND ASSUMPTION OF RISK
BY USING THE SERVICE, YOU HEREBY RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE PAWCOST, ITS OWNERS, OPERATORS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES FROM ANY AND ALL LIABILITY, CLAIMS, DEMANDS, OR CAUSES OF ACTION ARISING OUT OF OR RELATED TO:
- Inaccurate, incomplete, or outdated information on the Service
- Your interactions with any business, service provider, or individual found through the Service
- The quality, safety, or legality of services provided by listed businesses
- Any injury, illness, death, or property damage resulting from services obtained through providers found on the Service
- Any financial loss or harm resulting from reliance on information from the Service
- Any disputes between you and any third party
YOU ASSUME ALL RISKS ASSOCIATED WITH USING THE SERVICE AND OBTAINING SERVICES FROM PROVIDERS FOUND THROUGH THE SERVICE.
CALIFORNIA RESIDENTS: YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY."
By using this Service, you acknowledge that you have read this release, understand it, and agree to be bound by it voluntarily.
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
IN NO EVENT SHALL PAWCOST, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE.
IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO US IN THE LAST SIX (6) MONTHS, OR FIFTY DOLLARS ($50.00), WHICHEVER IS GREATER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
7. Indemnification
You agree to defend, indemnify, and hold harmless PawCost and its officers, directors, employees, agents, licensors, and suppliers from and against any claims, actions, demands, liabilities, and settlements, including without limitation reasonable legal and accounting fees, resulting from, or alleged to result from:
- Your use of the Service
- Your violation of these Terms
- Your violation of any third-party rights
- Any content you submit to the Service
- Your interactions with any business or individual found through the Service
8. User-Submitted Content
The Service may contain reviews, ratings, recommendations, and other content submitted by users ("User Content"). We do not endorse, guarantee, or assume responsibility for User Content.
In accordance with Section 230 of the Communications Decency Act (47 U.S.C. § 230), we are not the publisher or speaker of User Content and shall not be treated as such. We are not liable for any User Content, whether or not we are notified of its potentially defamatory, inaccurate, or harmful nature.
By submitting content, you:
- Grant us a perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, modify, and display your content
- Represent that your content is accurate and does not violate any law or third-party rights
- Understand we may remove content at our sole discretion without notice
9. Business Listings and Removal Requests
Business listings on PawCost are compiled from publicly available information, user submissions, and business self-listings. The inclusion of a business on our Service does not constitute an endorsement or recommendation.
Business Owners and Representatives:
- You may request to update or correct your business information
- You may request removal of your business listing by contacting us at our Contact Page
- Removal requests require verification of your authority to represent the business
- We will process verified removal requests within a reasonable timeframe
- We reserve the right to maintain factual, publicly available information about businesses
10. Digital Millennium Copyright Act (DMCA) Notice
If you believe that content on the Service infringes your copyright, please send a DMCA takedown notice to our designated agent with the following information:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to be infringed
- Identification of the material to be removed with sufficient information to locate it
- Your contact information (address, telephone number, email)
- A statement that you have a good faith belief that the use is not authorized
- A statement, under penalty of perjury, that the information is accurate and you are authorized to act
Send DMCA notices to: Contact Page with subject line "DMCA Notice"
11. Binding Arbitration and Class Action Waiver
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Service shall be resolved exclusively through final and binding arbitration, rather than in court. Arbitration shall be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, available at www.adr.org.
Arbitration Fees: If the value of your claim is $10,000 or less, we will pay all arbitration filing, administration, and arbitrator fees. For claims over $10,000, arbitration fees shall be allocated according to AAA Consumer Arbitration Rules.
Small Claims Court: Notwithstanding the foregoing, either party may bring claims in small claims court if the claims qualify for such court's jurisdiction.
Class Action Waiver: YOU AND PAWCOST AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. If the class action waiver is found unenforceable, the entire arbitration agreement shall be null and void as to that specific dispute.
Opt-Out: You may opt out of this arbitration agreement by sending written notice within 30 days of first using the Service to: legal@pawcost.com or via our Contact Page.
12. Governing Law
These Terms shall be governed by and construed in accordance with the laws of the United States and the State of Delaware, without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in Delaware for any disputes not subject to arbitration.
13. Severability
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
14. Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and PawCost regarding the Service and supersede all prior agreements and understandings.
15. Changes to Terms
We reserve the right to modify these Terms at any time. Material changes will be posted on this page with an updated effective date. Your continued use of the Service after any changes constitutes acceptance of the modified Terms.
16. Contact Information
For questions about these Terms, to request removal of a business listing, or for any other inquiries, please visit our Contact Page.
By using PawCost, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service. If you do not agree to these Terms, you must immediately discontinue use of the Service.