Pro Pet Superstore Terms & Conditions

Welcome to Pro Pet Superstore!

Pro Pet Superstore is a subscription ad based platform. Our ads make it easier for people to sell/rehome their pets/animals. Since our services are ad based, you can access them through our website and through Mobil device devices (e.g., desktop, laptop, tablets, and smartphone devices) that you choose.

This document, Pro Pet Superstore’s Terms of Service (“Terms”), outlines the terms regarding your use of our services. These Terms are a legally binding contract between you and Pro Pet Superstore so please read carefully. If you do not agree with these Terms, do not register or use any of the Services.

By using, accessing or browsing Pro Pet Superstore’s Services, platform and products including applications, mobile, software, websites or other properties owned or operated by Pro Pet Superstore or by registering for a Pro Pet Superstore account ( “Services”) you are agreeing to be bound by these Terms for the Services provided by Pro Pet Superstore (“Pro Pet Superstore” or “we”). If you reside in the United States, you are entering into this contract with Pro Pet Superstore, a subsidiary of Sincerity Group, Inc. a company registered in the State of Floria in the United States.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising to Pro Pet Superstore that you have the authority to bind that organization to these Terms (in which event, “you” and “your” will refer to that organization) unless that organization has a separate paid contract in effect with us, in which event the terms of that contract will govern your use of the Services.

In order to use the Service, you must be legally permitted to accept these Terms.

1. PRIVACY

In order to operate and provide the Services, we collect certain information about you. We use and protect that information as described in our Privacy Policy.  We encourage you to read and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these terms and conditions. You acknowledge your use of the Services is subject to our Privacy Policy and understand that it identifies how Pro Pet Superstore collects, stores, and uses certain information.

2. CHANGES TO THESE TERMS

We reserve the right to modify these Terms. We will post the most current version of these Terms at www.propetsuperstore.com (the “Site”). If we make material changes to these Terms, we will notify you via the Services and/or by email to the address associated with your account. If you do not accept the changes, you must stop using and cancel your account by emailing cancel@propetsuperstore.com. Your continued use of our Services after we publish or send a notice about our changes to these Terms means that you are consenting to the updated terms. You may also receive supplemental terms which apply specifically to you and amend these Terms as well as any subsequently published version of these Terms. In the event of a conflict between those supplemental terms and these Terms, the supplemental terms will take precedence and govern to the extent of the conflict. The supplemental terms will be effective as of the date indicated in the communication from Pro Pet Superstore.

3. YOUR ACCOUNT

Certain aspects of the Services may require you to obtain an account by completing a registration form and designating a user ID and password. When registering with Pro Pet Superstore you must: (a) provide true, current and complete information about yourself on the registration form and (b) maintain such information so it continues to be true, current and complete.

You are entirely responsible for all materials and information that you upload, post or otherwise transmit via the Services (please also see our Acceptable Use Policy in Section 10). If your account includes an administrative console, that console may include options to configure your use of some of the features in the Pro Pet Superstore Services.

Only you may use your Pro Pet Superstore account and you are responsible for all aspects of your account. Each user/member must have a separate account. You may not share, loan or transfer your ID or password. If you become aware of any unauthorized use of the Services or your account, or have any questions about your account please contact Pro Pet Superstore’s Support team via our contact us page.

4. EMAIL SELECTED FOR YOUR ACCOUNT

You get to choose what email address(es) you register for an account account with Pro Pet Superstore, Please be aware, however, that if the domain of the email address associated with your account is owned or controlled by an licensed organization (such as a Rescue or Animal Shelter) that organization must establish a direct relationship with us using the proper registration form. Once the application verification process has been confirmed and verified, then you may be rolled into that organization’s account. If you registered using a organizations email address and failed to respond to our reasonable attempt to notify you of the change. Fourteen (14) days after that attempted notice, if you do not respond or change the email address associated with your account, your account may be deactivated, and Content associated with your account may be deleted.

If an organization provided you with your account, you agree to have your account managed by an organization, you understand that this organization has rights to your account and may: (a) manage your account (including suspending or canceling); (b) reset your password; (c) view your usage and profile data, including how and when your account is used; and (d) manage the Content in your account.

5. CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION

By registering with Pro Pet Superstore or signing up for our Subscription Services, you understand and consent to us sending you (including but not limited to via email, SMS text messaging, and/or in-app messaging) information regarding the Services, such as: (a) notices about your use of the Services, including notices of violations of use; (b) updates to the Services and new features or products; (c) administrative messages and other information; and (d) advertising, marketing, and other materials regarding Pro Pet Superstore’s services. If you have previously unsubscribed and are a U.S. user, you consent that you’re presubscribing to receive commercial content by taking such actions like submitting a “Contact Us” form. Please review your settings in your account to control the service notifications you receive from us. You may unsubscribe from commercial content at any time by emailing privacy@propetsuperstore.com

6. CONTENT

We call all the electronic documents that you upload and store on your account “Content”. All Content uploaded by you into your account is yours! We don’t control, verify, or endorse the Content that you or others put on the Services. You are responsible for: (a) all Content in your Pro Pet Superstore account(s) and that you share through the Services- and (b) making sure that you have all the rights you need in relation to the Content. In addition, by storing, using or transmitting Content you confirm that you will not violate any law or these Terms (please also see the Acceptable Use Policy in Section 10). You agree that when you share your Content, you may be allowing other people to access and use your Content in any way without further restriction or compensation to you.

You agree to provide Pro Pet Superstore (as well as agents or service providers acting on Pro Pet Superstore’s behalf to provide the Services) the right to transmit, process, use and disclose Content and other information which we may obtain as part of your use of the Services but only: (i) as necessary for us to provide the Services, (ii) as otherwise permitted by these Terms, (iii) as otherwise required by law, regulation or order, and/or (iv) to respond to an emergency.

7. COPYRIGHT COMPLAINTS AND REMOVAL POLICY

Pro Pet Superstore respects the intellectual property of others and will respond to notices of alleged copyright infringement that comply with the law. We reserve the right to delete or disable Content alleged to violate copyright laws or these Terms and reserve the right to terminate the account(s) of violators.

If you believe there has been a violation of your intellectual property rights, please contact our designated copyright agent by email:

legal@propetsuperstore.com

8. CONFIDENTIAL INFORMATION

We agree that your Content, credit card/banking information and information contained in your account is confidential to you.

Also, if either of us provide any documents to the other that are labeled “confidential” (or something similar), or provide information (either in writing or verbal) that is of a type that a reasonable person should understand to be confidential, such information is to be treated as confidential information.

However, if you tell us information that: (a) we already know at the time you tell us; (b) was told to us by a third party who had the right to tell us; (c) is generally available to the public; or (d) was independently developed by us without using any of your confidential information, then that information will not be considered confidential. The same goes for information that we tell you that falls into any of these categories.

Lastly, we both agree that: (i) we will treat each other’s information with the same degree of care that we treat our own confidential information; (ii) will use each other’s confidential information only in connection with these Terms and the Services; (iii) only share the information with others who have a need to know and who have agreed in writing to treat it as confidential (as we’ve outlined in this section); and (iv) not share the information with any third party except as allowed in these Terms or through the Services. Of course, confidential information will always remain the property of its owner.

9. CONTENT STORAGE

The Services are provided from the United States. By using and accessing the Services, you understand and agree to the storage of Content and any other personal information in the United States. However, you understand that you (or other people that you collaborate with) can access the Services (including Content) from outside of the United States (subject to applicable law) and that nothing prohibits the processing of other information outside of the United States. Pro Pet Superstore does offer products that enable storage and/or processing of Content outside of the United States 

10. ACCEPTABLE USE POLICY

You agree you will not, nor will you encourage others or assist others to, harm the Services or use the Services to harm others. For example, you must not use the Services to harm, threaten, or harass another person, organization or Pro Pet Superstore and/or to build a similar service or website. You must not: (a) damage, disable, overburden, or impair the Service (or any network connected to the Services); (b) resell or redistribute the Services or any part of it; (c) use any unauthorized means to modify, reroute, or gain access to the Services or attempt to carry out these activities; (d) use any automated process or service (such as a bot, a spider, or periodic caching of information stored by Pro Pet Superstore) to access or use the Services; (e) use the Services beyond the features allocation and amounts provided in that Service or in violation of our fair use policy; (f) use the Services to, and/or cause Pro Pet Superstore to, violate any law or distribute any malware or malicious Content; (g) use the Pro Pet Superstore’s Service to communicate any message or material that is defamatory, harassing, libelous, threatening, obscene, or unlawfully discriminatory; (h) use the Pro Pet Superstore Service in a way that violates or infringes upon the intellectual property rights or the privacy or publicity rights of any person or entity; (i) distribute, post, share information or Content illegally or without permission; (j) distribute, post, or share illegal Content or Content that causes harm to others; (k) use the Pro Pet Superstore Service to disseminate or promote terrorism or terrorist activities; or (l) use the Pro Pet Superstore Service to disseminate material that may infringe upon legally protected social rights and freedoms of a person(s) (collectively, ‘human rights’) and/or as defined by domestic and public international laws and/or other legal norms. As part of our efforts to protect the Service, protect our customers, or to stop you from breaching these Terms we retain the right to block or otherwise prevent delivery of any type of file, email or other communication to or from the Services.

We also reserve the right to deactivate, change and/or require you to change your Pro Pet Superstore user ID and any custom or vanity URLs, custom links, or vanity domains you may obtain through the Services. You also agree that if you learn of any unauthorized or unacceptable use of any account, Content or the Service, you will promptly contact Pro Pet Superstore’s Support team and take all reasonable steps to cooperate with Pro Pet Superstore and assist in the termination of such use.

11. SUSPENSION AND TERMINATION OF THE SERVICE

We reserve the right to suspend or terminate your access to the Service at any time in our sole discretion or disable any Content if a) you are in breach of these Terms; or b) your use of the Services could cause a risk of harm or loss to Pro Pet Superstore or our other users; or c) Pro Pet Superstore declines to renew your Subscription Period. When reasonable and as permitted by law, Pro Pet Superstore will provide you reasonable advance notice of this change as well as an opportunity to correct any actions that led to Pro Pet Superstore’s decision. We will not be able to provide this advance notice if you are in material breach of these Terms, or if such notice would lead to civil or criminal liability for Pro Pet Superstore, or if providing notice would compromise our ability to provide the Services to our other users. For the avoidance of doubt, Pro Pet Superstore may still make a determination that it does not want to continue offering you access to the Service at any time for any or no reason.

You understand that if your account is suspended or terminated, you may no longer have access to the Content that is stored with the Services.

Upon termination you may request access to your Content, which we will make available, except in cases where we have terminated your account due to your violation of these Terms or the Acceptable Use Policy terms in Section 10. You must make such request within fourteen (14) days following termination otherwise, any Content you have stored with the Services may not be retrievable and we will have no obligation to maintain Content stored in your account after this fourteen (14) day period.

12. UPDATES TO THE SERVICE

Pro Pet Superstore may make deployments of changes, updates or enhancements to the Services or modifications to Pro Pet Superstore’s default settings at any time. We may also add or remove functionalities or features, or we may suspend or stop the Services altogether.

13. THIRD PARTY PRODUCTS

Pro Pet Superstore may make available to you optional third-party applications, services or products, for use in connection with the Services (“Third-Party Products”). These Third-Party Products are not necessary for the use of the Services and your use of the Third-Party Products (and any exchange of any information, license, payments etc.) is solely between you and the applicable third-party provider. Pro Pet Superstore makes no warranties of any kind and assumes no liability of any kind for your use of such Third-Party Products.

If you have any questions or concerns regarding the Third-Party Products, then please contact the applicable third-party provider.

14. BOX PROPRIETARY RIGHTS

All contents of the Site and Services including but not limited to logo, design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement and Pro Pet Superstore Confidential Information belong to Pro Pet Superstore, and/or its suppliers, affiliates, or licensors.

Pro Pet Superstore or its licensors own and reserve all rights, title and interest in and to the Services and all hardware, software and other items used to provide the Services, other than the rights we expressly grant to you to use the Services and Pro Pet Superstore Confidential Information. No title to or ownership of any proprietary rights related to the Services or Pro Pet Superstore Confidential Information is transferred to you pursuant to these Terms.

If you provide comments, suggestions and recommendations to Pro Pet Superstore about a Service (e.g., modifications, enhancements, improvements) (collectively, “Feedback”), you are automatically assigning this Feedback to Box.

15. NO WARRANTY OR CONDITIONS

There are certain things that we do not promise about the Services. Other than as expressly stated, we do not make any commitments about the specific functionality available through the Services, their reliability, availability, or ability to meet your needs.

TO THE EXTENT NOT PROHIBITED BY LAW, PRO PET SUPERSTORE  AND ITS AFFILIATES (AND ASSOCIATED SERVICE PROVIDERS) (A) PROVIDE THE SERVICES “AS IS”, “WITH ALL FAULTS” AND “AS AVAILABLE”, (B) MAKE NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS WHETHER EXPRESS OR IMPLIED (E.G. WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT), AND (C) DO NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF HARMFUL COMPONENTS, OR THAT THE CONTENT WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICES.

16. INDEMNIFICATION

To the extent not prohibited by law, you will defend Pro Pet Superstore against any cost, loss, damage, or other liability arising from any third party demand or claim that any Content or information provided by you, or your use of the Services: (a) infringes a registered patent, trademark, copyright, or other intellectual property right of a third party, or misappropriated a trade secret (to the extent that such misappropriation is not the result of Pro Pet Superstore’s actions); or (b) violates applicable law or these Terms. Pro Pet Superstore will reasonably notify you of any such claim or demand that is subject to your indemnification obligation of which it becomes aware.

17. LIMITATION OF LIABILITY

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL YOU OR PRO PET SUPERSTORE  AND ITS AFFILIATES, RESELLERS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS OR LICENSORS BE LIABLE FOR: ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, GOODWILL, USE OR CONTENT) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, BUSINESS INTERRUPTION, LOSS OF OPPORTUNITY, WARRANTY, NEGLIGENCE OR OTHERWISE, EVEN IF PRO PET SUPERSTORE HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF YOU OR PRO PET SUPERSTORE AND ITS AFFILIATES, OFFICERS, RESELLERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS, RELATING TO THE SERVICES, SAVE IN RESPECT OF LIABILITY ARISING UNDER SECTION 16 OF THESE TERMS, WILL BE LIMITED TO THE GREATER OF: (A) ONE AND A HALF (1.5) TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR THAT SERVICE; OR (B) ONE HUNDRED DOLLARS ($100 U.S.D.). THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.

THE LIMITATION OR EXCLUSION OF INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES WILL NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

IN COUNTRIES WHERE THE ABOVE TYPES OF EXCLUSIONS AND LIMITATIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE SKILL AND CARE OR OUR BREACH OF OUR CONTRACT WITH YOU.

NOTHING IN THESE TERMS AFFECTS CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT.

Nothing in these Terms shall exclude or limit the liability of you or Pro Pet Superstore and its affiliates, officers, employees, agents, licensors, resellers, suppliers and distributors for death or personal injury, fraud, fraudulent misrepresentation or any liability that cannot be excluded or limited by law.

The provisions of this “Limitation of Liability” section allocates the risks under these Terms between you and Pro Pet Superstore, and you and Pro Pet Superstore have relied on these limitations in determining whether to enter into these Terms and the pricing for the Services.

18. DISPUTE RESOLUTION AND GOVERNING LAW

You must comply with all domestic export laws and regulations that apply to your use of our services.

If you reside in the United States, you agree that the Terms, and your relationship with Pro Pet Superstore will be governed by the laws of the State of Florida, U.S.A. regardless of conflict of laws principles. We both agree that all of these claims can only be litigated in the federal or state courts in Leon County, Florida, USA and we each agree to personal jurisdiction in those courts. However, you agree that Pro Pet Superstore can apply for injunctive remedies in any jurisdiction.To the extent that the following provision is not in conflict with applicable law, you may only resolve disputes with us on an individual basis and may not bring a claim or proceed in a group arbitration proceeding as a plaintiff or a class member in a class, consolidated, or representative action.

19. TRIALS

You can sign-up for a trial period for some of the Services and your trial period starts on the day you create the trial account and lasts for the period indicated at the time of sign-up. If you are on a trial, you may cancel at any time until the last day of your trial. If you do not wish to incur charges, you must cancel the account by the end of the final day of your trial period.

If you do not cancel your account and we have told you the account will be converted to a paid subscription at the end of the trial period, then you authorize us to charge your credit card for that specific Service. You may, however, cancel your subscription before the next billing cycle in accordance with these Terms, but no credits or refunds will be available. Your Service subscription will expire at the end of your service period.

20. FEES

Pro Pet Superstore offers both free and paid Services. If you choose to subscribe to a paid Service, you agree to pay the fees (“Fees”) as quoted to you when you purchase that Service. We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. You are responsible for all charges related to using the purchased Service.You will pay the Fees in the currency Pro Pet Superstore quoted at the time of purchase. All Fees are payable in full and without reduction for taxes. Pro Pet Superstore reserves the right to change its prices at any time, however, if we have offered a specific duration and Fee for your use of the Service, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Service will be charged at the then-current Fee(s). If you don’t agree to these changes, you must stop using the Service and cancel via email to cancel@propetsuperstore.com (with cancellation confirmation from a Pro Pet Superstore representative). If you cancel, your Service ends at the end of your current Service period or payment period, and no refunds for previously paid services will be issued.

If you do not cancel in accordance with these Terms, the subscription for the Service will automatically renew at the then-current price and term length for the next subscription period. We will charge your credit card on file with us on the first day of the renewal of the subscription period.

21. BILLING/PAYMENT

If you select a paid Service, you must provide us with current, complete, accurate and authorized payment method information (e.g. credit card information). You authorize us to charge your provided payment method for the Services you have selected and for any paid feature(s) that you choose. We may bill: (a) in advance; (b) at the time of purchase; (c) shortly after purchase; or (d) if you have elected a subscription service, on a recurring basis. To the extent Pro Pet Superstore has not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Service(s) and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Services.

22. SUBSCRIPTION PERIOD

You may elect one of the following subscription plans and billing options (please note that there might be only one of these options available depending on the Service purchased):

A monthly subscription plan (“Monthly Subscription Plan”). The subscription period for the Monthly Subscription Plan will be for one month and will automatically renew (without the need to go through the Services-interface “check-out” or execute a renewal order form) unless you cancel your Monthly Subscription Plan at least three (3) business days prior to the renewal date. You will be billed on or about the same day each month until such time that you cancel.

23. PRO PET SUPERSTORE SUBSCRIPTION SPECIFIC TERMS

If you are purchasing a Pro Pet Superstore subscription plan, the following additional terms apply to you and your organization:

You: (a) are required to have a Pro Pet Superstore account for each a single user, (b) will only receive the features and functionality that are included in the specific subscription plan that you have purchased as identified on the Pro Pet Superstore website, (c) are responsible for setting your configurations of the Pro Pet Superstore Service, and (d) are responsible for managing your account activity and any of your devices and/or any systems that you use to access the Pro Pet Superstore Service.

Pro Pet Superstore considers the following categories of users as your organization’s users:

Users whose accounts are controlled by your organization’s administrator;
Users who are permitted to access, store, retrieve or manage your Content and (i) are employed by your organization, or (ii) whose accounts are associated with an email address controlled by your organization.
These categories include, for the avoidance of doubt, any such users with individual plan accounts.

If Pro Pet Superstore provides you with a report showing that your organization has more users than purchased accounts, then you will promptly (but in any event within seven (7) days of receiving such report) purchase additional accounts or permanently delete the excess accounts.

If your organization has more users than purchased accounts, Pro Pet Superstore may place reasonable restrictions on your account until you adequately address your excess users (such as restricting or limiting your organization’s ability to deploy additional accounts).

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