HonestPet Terms of Service

EFFECTIVE DATE: October 6, 2023

These Terms of Service ("Terms") are a binding legal agreement between you and HonestPet that govern your right to use the websites (www.honestpet.com), subdomains, and other online channels through which our services are accessible (collectively referred to as the "Site"), our mobile apps, tablet apps, and APIs (collectively referred to as the "Application"), and other offerings from HonestPet (all collectively, the "HonestPet Platform"). When used in these Terms, "HonestPet," "we," "us," or "our" refers to Honest Pet, Inc.

BY ACCESSING AND/OR USING THE SITE, YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS AND TO ABIDE BY ALL OF THE REQUIREMENTS SET FORTH HEREIN. YOU MAY NOT ACCESS OR USE THE HONESTPET PLATFORM OR ACCEPT THESE TERMS OF USE UNLESS YOU ARE AT LEAST 18 YEARS OLD.

The HonestPet Platform provides an online platform that facilitates users ("Members") to publish, offer, search for, and book services. Members who publish and offer services are referred to as "Breeders," and Members who search for, book, or use services are known as "Consumers." Breeders showcase pets ("Pets"), along with details about their breeding program, as well as a variety of pet-related offerings (collectively, "Breeder Services," with each pet offering termed a "Listing"). To access and utilize many features of the HonestPet Platform, you are required to register an account and maintain accurate account information. HonestPet, as the provider of the platform, does not own, control, offer, or manage any Listings or Breeder Services. HonestPet is not directly involved in contracts entered into between Breeders and Consumers and does not act as an agent in any capacity for any Member.

We maintain other terms and policies that supplement these Terms like our Privacy Policy, which describes our collection and use of personal data.

If you are a Breeder, you are responsible for understanding and complying with all laws, rules, regulations and contracts with third parties that apply to your Breeder Services.

Each time you use the HonestPet Platform, you should visit and review the then current terms and policies that apply to your transactions and use of the HonestPet Platform.

Consumer Terms

1. Searching and Reserving on HonestPet

1.1 Searching. You can explore available Listings on the HonestPet Platform by utilizing criteria such as the type of pet, Breeder location, availability dates, and desired pet characteristics. Additionally, you have the option to apply filters to enhance your browsing experience. The displayed results are determined based on their relevance to your search and various factors, including price, availability, reviews, Breeder's customer service and cancellation track record, popularity, previous successful transactions, saved Listings, Breeder requirements (e.g., specific pet characteristics), and more. For additional information on search results, please refer to our Help Center.

2.1 Reserving. When you reserve a Listing on the HonestPet Platform, you agree to cover all expenses related to your Reservation, including the Pet's price, applicable fees like HonestPet's service fee, taxes, delivery, and any other items specified during the checkout process (collectively, the "Total Price"). By reserving a Listing, you also consent to HonestPet, through the HonestPet Payments system, charging the Payment Method (as defined in the Payment Terms) used for the Reservation to collect amounts related to damage claims (as defined in Subsection 2.3.2).

Upon receiving the booking confirmation, a contractual agreement for Breeder Services (a "Reservation") is established directly between you and the Breeder. Besides adhering to these Terms, you are obligated to comply with all terms outlined in the Reservation, including but not limited to the cancellation policy and any other rules, standards, policies, or requirements specified in the Listing or during the checkout process relevant to the Reservation. It is your responsibility to thoroughly read and comprehend these rules, standards, policies, and requirements before finalizing a Reservation. Please be aware that some Breeders may collaborate with a co-breeder or operate as part of a team to provide their Breeder Services.

2. Cancellations, Travel Issues, Refunds and Booking Modifications.

2.1 Cancellations and Refunds.

2.1.1 Cancellation Policy.

2.1.1.1 Consumer Initiating Cancellation: Consumers may initiate cancellations under certain circumstances, subject to the specific cancellation policy outlined in the Reservation. This policy may include details on timelines, applicable fees, and any conditions that may affect the cancellation process.

2.1.1.2 Refunds: Refunds, if applicable, will be processed in accordance with the cancellation policy in the Reservation. HonestPet reserves the right to deduct any applicable fees as per the policy.

2.1.1.3 Exceptions: Certain situations, such as health concerns or unforeseen circumstances, may be considered as exceptions to the standard cancellation policy. HonestPet will review such cases on an individual basis, aiming to provide fair resolutions.

2.1.2 Breeder-Initiated Cancellations.

2.1.2.1 Breeder Responsibilities: Breeders are expected to adhere to the commitments made in their Listings. In the event a Breeder needs to cancel a transaction, they must promptly communicate the reasons to the Consumer and HonestPet, providing transparency and alternative solutions.

2.1.2.2 Refunds: If a Breeder-initiated cancellation occurs, HonestPet will facilitate the refund process. Consumers will be informed of the cancellation, and any applicable refunds will be processed promptly.

2.1.2.3 Penalties: Breeders may be subject to penalties or account restrictions for Breeder-initiated cancellations. Repeated violations of the HonestPet cancellation policy may result in additional consequences.

2.1.3 Delivery Delays.

2.1.3.1 Unforeseen Circumstances: HonestPet recognizes that unforeseen circumstances, such as transportation delays or external factors, may impact the timely delivery of a purchased Pet. In such cases, HonestPet will work diligently to communicate the situation, explore alternative solutions, and minimize inconvenience for all parties involved.

2.1.3.2 Communication: HonestPet will maintain transparent communication with both the Consumer and the Breeder, keeping them informed about the status of the delivery and any adjustments to the anticipated timeline.

2.1.4 HonestPet's Role.

2.1.4.1 Facilitation of Resolutions: HonestPet aims to facilitate fair resolutions in the event of cancellations, acting as an intermediary between Consumers and Breeders. While HonestPet strives to ensure a positive experience, it is important to note that the ultimate resolution may be influenced by the specific policies outlined in the Listing.

2.1.4.2 Communication Channel: HonestPet serves as a communication channel between Consumers and Breeders during the cancellation process. Users are encouraged to utilize the platform's messaging system for all communications related to cancellations and refunds.

2.1.5 Modification of Policies.

2.1.5.1 HonestPet's Right to Modify: HonestPet reserves the right to modify the cancellation and refund policies at any time. Members (and all users) will be notified of any significant changes, and continued use of the platform after such modifications constitutes acceptance of the updated policies.

2.1.6 Contact Information.

2.1.6.1 Questions and Concerns: For questions or concerns regarding cancellations and refunds, please contact HonestPet at support@honestpet.com.

2.2 Reservation Modifications. Consumers and Breeders are responsible for any Reservation modifications they agree to make via the HonestPet Platform or direct HonestPet customer service to make on their behalf ("Reservation Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Reservation Modification. The responsibility for fees associated with the modification will rest with either the Breeder, the Consumer, or both parties, depending on the circumstances.

2.3 Your Responsibilities and Assumption of Risk.

2.3.1 Listings and Transactions: You are responsible and accountable for your own actions and decisions on the HonestPet Platform. Additionally, you hold responsibility for the actions and decisions of anyone you invite to join or grant access to HonestPet's services on your behalf, including purchasing or listing a Pet. For instance:

2.3.1.1 Pet Listings and Conditions: Breeders must ensure that the Listings are accurate and reflective of the actual condition of the Pet. Breeders are accountable for maintaining the Pet and its related personal property in the condition it was in when the transaction occurred.

2.3.2 Damage Claims:

2.3.2.1 Responsibility for Damage: You are responsible for paying all reasonable damage claim amounts necessary to cover any damage caused to a Pet or related property by you, your guest(s), or your pet(s) (collectively, the “Damage Claim”).

2.3.3 Ethical Conduct:

2.3.3.1 Integrity and Respect: You must conduct yourself with integrity, treating others with respect, and adhering to ethical standards throughout all interactions on the HonestPet Platform.

2.3.4 Compliance with Laws:

2.3.4.1 Legal Compliance: You must comply with all applicable laws and regulations at all times while using HonestPet's services and/or the HonestPet Platform.

2.4 Your Assumption of Risk on HonestPet.

2.4.1 Acknowledgment of Inherent Risks: You recognize that engaging in various activities, including the purchase or listing of Pets, involves inherent risks. By utilizing the HonestPet Platform, you agree that, to the maximum extent permitted by applicable law, you assume the entire risk associated with your access to and use of HonestPet's services, including interactions with Breeders, the purchase of Pets, or any other engagement with content on the HonestPet Platform.

2.4.2 Content and Interaction Risks:

2.4.2.1 Definition of Content: “content” includes information, images, and any other materials related to Listings, Breeders, and other HonestPet services on the HonestPet Platform.

2.4.2.2 Risk Assumption: You assume the risks related to accessing and using HonestPet's platform and any content, which includes but is not limited to interactions with breeders, the purchase of pets, or participation in any HonestPet service.

2.4.3 Investigating Breeder Services:

2.4.3.1 User Responsibility: You bear the responsibility of thoroughly investigating each Breeder's service and determining its suitability for your needs and preferences.

2.4.4 Inherent Risks of Pet-Related Services:

2.4.4.1 Awareness of Risks: HonestPet services, particularly those related to Pets, may involve inherent risks such as illness, bodily injury, disability, or death.

2.4.4.2 Voluntary Acceptance: By choosing to participate in any HonestPet service or using the HonestPet Platform, including but not limited to the purchase of Pets, you acknowledge and willingly accept these risks.

Breeder Terms

2.5 Listing on HonestPet.

2.5.1 As a Breeder, HonestPet provides you with the opportunity to utilize the HonestPet Platform to showcase and share your Listings with our engaged community of Consumers, allowing you to earn income from your Breeder Services. Creating a Listing is a straightforward process, putting you in command of your Breeder Services. You have the autonomy to set the pricing, availability, and any specific rules associated with each Listing, ensuring a seamless and personalized experience for potential pet owners.

2.6 Contracting with Consumers

2.6.1 Upon accepting a Pet purchase request or receiving confirmation through the HonestPet Platform, you are engaging in a direct contract with the Consumer. As a Breeder, you bear the responsibility of providing your Breeder Services in accordance with the terms and pricing specified in the applicable Listing.

2.6.2 The HonestPet Payments system will automatically deduct the amounts you owe from your payout, unless an alternative method of payment is agreed upon by both HonestPet and you. Any additional terms, policies, or conditions included in a supplemental contract with Consumers must align with these Terms, any of our additional legal terms, policies, and the information provided in your Listing. It is essential that such terms be prominently disclosed in your Listing description for transparency and adherence to HonestPet's guidelines.

2.7 Indepedence of Breeders.

2.7.1 Your affiliation with HonestPet is that of an independent individual or entity and not an employee, contractor, agent, joint venturer, owner, or partner of HonestPet. HonestPet does not dictate or govern your Breeder Services, and you affirm that you maintain complete autonomy in deciding whether and when to provide Breeder Services, as well as determining the price, terms, and conditions under which you offer them.

3. Managing Your Listings on HonestPet. The HonestPet Platform equips you with user-friendly tools to effortlessly establish and oversee your Listings. Your Listing should encompass comprehensive and accurate information about your Breeder Services, pricing, additional charges (such as delivery fees), and any specific rules or requirements applicable to prospective Consumers. Keeping your Listing information, including calendar availability, and content, such as photos, up-to-date and accurate is your responsibility. We strongly recommend acquiring appropriate insurance for your Breeder Services, and it's advised to carefully review policy terms, conditions, coverage details, and exclusions. Each Pet may have only one Listing, but a Breeder may have multiple Listings.

3.1 Know Your Legal Obligations. It is your responsibility to comprehend and adhere to all laws, rules, regulations, and contracts applicable to your Listing and Breeder Services. For instance:

3.1.1 Some jurisdictions may have restrictions or prohibitions on certain pet-related services and/or what types of pets may be owned.

3.1.2 Local laws may require registration, permits, or licenses for specific types of pets.

3.1.3 Please independently confirm your obligations, especially regarding tenancy rights and landlord-tenant laws concerning the Pets and the offering of Breeder Services.

3.2 Search Ranking. The placement of your Listings in search results on the HonestPet Platform is influenced by various factors, including:

3.2.1 Consumer search parameters.

3.2.2 Listing characteristics such as pricing, availability, and quality of images.

3.2.3 Breeder reviews.

3.2.4 Consumer preferences and past interactions.

3.2.5 Search results may vary across the HonestPet Platform. HonestPet may offer promotional programs allowing Breeders to enhance the visibility of their Listings by paying an additional fee.

3.3 Your Responsibilities

3.3.1 You are accountable for your actions, omissions, and those of individuals involved in providing your Breeder Services. You set the price, rules, and requirements for your Listings, describing any fees in your Listing. Adhering to these Terms, you may not collect fees outside of the HonestPet's Platform, and must refrain from encouraging actions that violate these Terms.

3.4 Breeding as a Team or Organization

3.4.1 When working with a team or organization, each participating entity and individual is considered a Breeder under these Terms. By entering contracts or accepting terms, you warrant authorization to such individuals to act on behalf of your team, business, or organization. Any payout transfers to co-breeders or other team members must be authorized and accurate, for which you remain responsible and liable. HonestPet shall not be responsible for paying any third-party fees or costs associated with the Listing, and such costs/expenses shall be paid by the Breeder.

3.5 Your Assumption of Risk on HonestPet.

3.5.1 As provided herein, you recognize that engaging in breeding activities carries inherent risks, and by utilizing the HonestPet Platform, you agree to assume the entire risk associated with your access to and use of the HonestPet Platform and/or HonestPet's services, offering Breeder Services, or interacting with other Members, whether in person or online. You affirm that you have had the opportunity to thoroughly investigate the HonestPet 4 Platform, as well as any laws, rules, regulations, or obligations that may be applicable to your Listings or Breeder Services. Importantly, you acknowledge that you are not relying upon any statement of law made by HonestPet.

4. Cancellations, Delivery Issues, and Reservation Modifications.

4.1 In general, if a Consumer cancels a Reservation, the amount paid to you, as Breeder, is determined by the cancellation policy that applies to that Reservation. As a Breeder, you should not cancel on a Consumer without a valid reason or applicable law. If you cancel on a Consumer without such a valid reason, we may impose a cancellation fee and other consequences. If: (i) a Consumer experiences a delivery issue, (ii) an extenuating or unforeseen circumstance arises, or (iii) a Reservation is canceled, then The amount you are paid will be reduced by the amount we refund or otherwise provide to the Pet Owner, and by any other reasonable costs we incur as a result of the cancellation. If a Pet Owner receives a refund after you have already been paid, or the amount of the refund and other costs incurred by HonestPet exceeds your payout, HonestPet may recover that amount from you, including by offsetting the refund against your future payouts. You agree that these Terms preempt the cancellation policy you set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Consumers. If we reasonably expect to provide a refund to a Consumer under one of these policies, we may delay the release of any payout for that Reservation until a refund decision is made.

4.2 Delivery Modifications. Breeders and Consumers are responsible for any delivery modifications they agree to make via the HonestPet Platform or direct HonestPet customer service to make on their behalf. They agree to pay any additional amounts, fees, or taxes associated with a Delivery Modification.

5. Taxes on Breeder Services.

5.1 Breeder Taxes.

5.1.1 As a Breeder, you are responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in your price any applicable taxes related to your Breeder Services.

5.2 Collection and Remittance.

5.2.1 In jurisdictions where HonestPet facilitates the collection and/or remittance of taxes on behalf of Breeders, you instruct and authorize HonestPet to collect taxes on your behalf, and/or to remit such taxes to the relevant tax authority. Any taxes that are collected and/or remitted by HonestPet are identified to Breeders on their transaction records, as applicable. HonestPet may seek additional amounts from Breeders (including by deducting such amounts from future payouts) in the event that the taxes collected and/or remitted are insufficient to fully discharge that Breeder’s tax obligations, and you agree that your sole remedy for taxes collected by HonestPet is a refund from the applicable tax authority. You acknowledge and agree that we retain the right, with prior notice to affected Breeders, to cease the collection and remittance of taxes in any jurisdiction for any reason.

5.3 Tax Information on HonestPet.

5.3.1 In certain jurisdictions, tax regulations may necessitate that we collect and/or report tax information about you, or withhold taxes from payouts to you, or both. If you fail to provide us with documentation that we determine to be sufficient to support any such obligation to withhold taxes from payouts to you, we may withhold payouts up to the amount as required by law until sufficient documentation is provided. You agree that HonestPet may issue, on your behalf, invoices or similar documentation for any taxes related to your Breeder Services to facilitate accurate tax reporting by you or the Consumers (if applicable).

6. Reviews. After a completed purchase, Consumers and Breeders will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms. Reviews are not verified by HonestPet for accuracy and may be incorrect or misleading.

7. Pet Content on HonestPet.

7.1 Parts of the HonestPet Platform enable you to provide feedback, text, photos, audio, video, information, and other content (collectively, “Pet Content”). By providing Pet Content, in whatever form and through whatever means, you grant HonestPet a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable, and transferable license to copy, modify, prepare derivative works of, distribute, publish, and otherwise exploit that Pet Content, without limitation. If Pet Content includes personal information, our Privacy Policy describes how we use that personal information. Where HonestPet pays for the creation of Pet Content or facilitates its creation, HonestPet shall own that Pet Content. You are solely responsible for all Pet Content that you provide and warrant that you either own it or are authorized to grant HonestPet the rights described in these Terms. You are responsible and liable if any of your Pet Content violates or infringes the intellectual property or privacy rights of any third party. Pet Content must comply with these Terms, which prohibit, among other things, discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that HonestPet may make available services or automated tools to translate Pet Content and that your Pet Content may be translated using such services or tools. HonestPet does not guarantee the accuracy or quality of translations, and Members are responsible for confirming the accuracy of such translations.

8. Fees on HonestPet.

8.1 HonestPet may charge fees (and applicable taxes) to Consumers for the right to use the HonestPet Platform. Except as otherwise provided on the HonestPet Platform, service fees are non-refundable. HonestPet reserves the right to change the service fees at any time and will provide Members notice of any fee changes before they become effective. Fee changes will not affect transactions made prior to the effective date of the fee change. If you disagree with a fee change, you may terminate this agreement at any time pursuant to Section 10.

8.2 If your payment method fails or your account is past due, we may place restrictions on your account, or the HonestPet Payment system may collect amounts owed in the manner, and late fees will apply. HonestPet, or the collection agencies we retain, may also report information about your account to credit bureaus, and as a result, late payments, missed payments, or other defaults on your account may be reflected in your credit report. If you wish to dispute the information HonestPet reported to a credit bureau (i.e., Experian, Equifax, or TransUnion) please contact us. If you wish to dispute the information a collection agency reported to a credit bureau regarding your HonestPet account, you must contact the collection agency directly.

9. HonestPet Platform Rules.

9.1 Rules. You must adhere to these rules and must not help or induce others to break or circumvent these rules.

9.1.1 Act with integrity and treat others with respect.

9.1.1.1 Do not lie, misrepresent something or someone, or pretend to be someone else.

9.1.1.2 Be polite and respectful when you communicate or interact with others.

9.1.1.3 Do not discriminate against or harass others.

9.1.2 Do not scrape, hack, reverse engineer, compromise, or impair the HonestPet Platform.

9.1.2.1 Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the HonestPet Platform.

9.1.2.2 Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the HonestPet Platform or content.

9.1.2.3 Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the HonestPet Platform.

9.1.2.4 Do not take any action that could damage or adversely affect the performance or proper functioning of the HonestPet Platform.

9.1.3 Only use the HonestPet Platform as authorized by these Terms or another agreement with us.

9.1.3.1 You may only use another Member’s personal information as necessary to facilitate a transaction using the HonestPet Platform as authorized by these Terms.

9.1.3.2 Do not use the HonestPet Platform, our messaging tools, or Members’ personal information to send commercial messages without the recipient’s express consent.

9.1.3.3 You may use content made available through the HonestPet Platform solely as necessary to enable your use of the HonestPet Platform as a Breeder or Consumer.

9.1.3.4 Do not use content unless you have permission from the content owner or the use is authorized by us in these Terms or another agreement you have with us.

9.1.3.5 Do not request, make, or accept a reservation or any payment outside of the HonestPet Platform to avoid paying fees, taxes, or for any other reason. Doing so is in direct violation of these Terms.

9.1.3.6 Do not require or encourage Consumers to open an account, leave a review, complete a survey, or otherwise interact with a third-party website, application, or service before, during, or after a Reservation, unless authorized by HonestPet.

9.1.3.7 Do not engage in any practices that are intended to manipulate our search algorithm.

9.1.3.8 Do not reserve Breeder Services unless you are actually using the Breeder Services.

9.1.3.9 Do not use, copy, display, mirror, or frame the HonestPet Platform, any content, any HonestPet branding, or any page layout or design without our consent.

9.1.4 Honor your Legal Obligations

9.1.4.1 Understand and follow the laws that apply to you, including privacy, data protection, and export laws.

9.1.4.2 If you provide us with someone else’s personal information, you: (i) must do so in compliance with applicable law, (ii) must be authorized to do so, and (iii) authorize us to process that information under our Privacy Policy.

9.1.4.3 Read and follow our Terms, the Reservation agreement, and the Privacy Policy.

9.1.4.4 Do not use the name, logo, branding, or trademarks of HonestPet or others without permission.

9.1.4.5 Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with HonestPet branding.

9.1.4.6 As provided elsewhere herein, do not offer Breeder Services that violate the laws or agreements that apply to you.

9.2 Reporting Violations on HonestPet. If you believe that a Breeder, Listing, or Pet Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting HonestPet. In addition, if you believe that a Breeder, Listing, or Pet Content has violated these Terms, you should report your concerns to HonestPet. If you reported an issue to local authorities, HonestPet may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.

9.3 Copyright Notifications. If you believe that Pet Content on the HonestPet Platform infringes copyrights, please notify us.

10. Termination, Suspension, and other Measures

10.1 Term. The agreement between you and HonestPet reflected by these Terms is effective when you access the HonestPet Platform (for example, to create an account) and remains in effect until either you or we terminate the agreement in accordance with these Terms.

10.2 Termination. You may terminate this agreement at any time by sending us an email or by deleting your account. HonestPet may terminate this agreement and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided for your account. HonestPet may also terminate this agreement immediately and without notice and stop providing access to the HonestPet Platform if you breach these Terms, you violate applicable laws, or we reasonably believe termination is necessary to protect HonestPet, its Members, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.

10.3 Member Violations on HonestPet Platform. If (i) you breach these Terms, a Reservation agreement, or our Privacy Policy; (ii) you violate applicable laws, regulations, or third-party rights; or (iii) HonestPet believes it is reasonably necessary to protect HonestPet, its Members, or third parties, HonestPet may, with or without prior notice:

10.3.1 suspend or limit your access to or use of the HonestPet Platform and/or your account;

10.3.2 suspend or remove Listings, reviews, or other content/Pet Content;

10.3.3 cancel pending or confirmed Reservations; or

10.3.4 suspend or revoke any special status associated with your account.

10.3.5 For minor violations or where otherwise appropriate as HonestPet determines in its sole discretion, you will be given notice of any intended measure by HonestPet and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Breeder will be reduced by the amount we refund or otherwise provide to the Consumer, and by any other costs we incur as a result of the cancellation.

10.4 Legal Requirements.HonestPet may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 10.3.

10.5 Effect of TerminationIf you are a Breeder and terminate your HonestPet account, any confirmed purchase(s) will be automatically canceled, and your Consumers will receive a full refund. If you terminate your account as a Consumer, any confirmed purchase(s) will be automatically canceled, and any refund will depend upon the terms of the Listing's cancellation policy set forth in the Reservation. When this agreement has been terminated, you are not entitled to a restoration of your account or any of your content/Pet Content. If your access to or use of the HonestPet Platform has been limited, or your HonestPet account has been suspended, or this agreement has been terminated by us, you may not register a new account or access or use the HonestPet Platform through an account of another Member.

10.6 Modification on HonestPetHonestPet may modify these Terms at any time. When we make material changes to these Terms, we will post the revised Terms on the HonestPet Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of any material changes by email (or through any other contact information provided to us) at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate this agreement immediately as provided in these Terms. If you do not terminate your agreement before the date the revised Terms become effective, your continued access to or use of the HonestPet Platform will constitute acceptance of the revised Terms.

11. HonestPet’s Role.In addition to what is described in Subsection 2.1.4, we offer you the right to use a platform that enables Members to publish, offer, search for, and reserve Breeder Services. While we work hard to ensure our Members have great experiences using the HonestPet Platform, we do not and cannot control the conduct of Consumers and Breeders. You acknowledge that HonestPet has the right, but does not have any obligation, to monitor the use of the HonestPet Platform and verify information provided by our Members. For example, we may review, disable access to, remove, or edit content/Pet Content to: (i) operate, secure and improve the HonestPet Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Members’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) address content/Pet Content that we determine is harmful or objectionable; (v) take the actions set out in these Terms; and (vi) maintain and enforce any quality or eligibility criteria, including removing Listings that don’t meet quality and eligibility criteria. Members acknowledge and agree that HonestPet administers these Terms, its Privacy Policy, and/or any Reservation agreement (including certain standards such as basic requirements for Breeders), including decisions about whether and how to apply them to a particular situation, at its sole discretion. Members agree to cooperate with and assist HonestPet in good faith, and to provide HonestPet with such information and take such actions as may be reasonably requested by HonestPet with respect to any investigation undertaken by HonestPet regarding the use or abuse of the HonestPet Platform.

12. HonestPet Member Accounts. You must register an account to access and use many features of the HonestPet Platform. Registration is only permitted for legal entities, partnerships, and natural persons who are at least 18 years of age or older. You represent and warrant that you are not a person or entity barred from using the HonestPet Platform under the laws of the United States, your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep your account information up to date. You may not register more than one account or transfer your account to someone else. You are responsible for maintaining the confidentiality and security of your account credentials and may not disclose your credentials to any third party. You are responsible and liable for activities conducted through your account and must immediately notify HonestPet if you suspect that your credentials have been lost, stolen, or your account is otherwise compromised. If and as permitted by applicable law, we may, but have no obligation to (i) ask you to provide identification or other information, (ii) undertake checks designed to help verify your identity or background, (iii) screen you against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

13. Disclaimer of Warranties by You and HonestPet.We provide the HonestPet Platform and all content "as is" without warranty of any kind, and we disclaim all warranties, whether express or implied. For example: (i) we do not endorse or warrant the existence, conduct, performance, safety, quality, legality, or suitability of any Consumer, Breeder, Pet, Listing, or third party; (ii) we do not warrant the performance or non-interruption of the HonestPet Platform; and (iii) we do not warrant that verification, identity, or background checks conducted on Listings or Members (if any) will identify past misconduct or prevent future misconduct.ANY REFERENCES TO A MEMBER OR LISTING BEING "VERIFIED" (OR SIMILAR LANGUAGE) INDICATE ONLY THAT HONESTPET HAS COMPLETED A RELEVANT VERIFICATION OR IDENTIFICATION PROCESS AND NOTHING ELSE FOR THE MEMBER, BREEDER, OR LISTING.The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties will be limited to the maximum extent permitted by law.

14. Limitations on Liability. Neither HonestPet (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the HonestPet Platform or any content/Pet Content will be liable for any incidental, special, exemplary, or consequential damages, including lost profits, loss of data, or loss of goodwill, service interruption, computer damage, or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms; (ii) the use of or inability to use the HonestPet Platform or any content/Pet Content; (iii) any communications, interactions, or meetings you may have with someone you interact or meet with through, or as a result of, your use of the HonestPet Platform; or (iv) publishing or reserving of a Listing, whether based on warranty, contract, tort (including negligence), product liability, or any other legal theory, and whether or not HonestPet has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.

Except for our obligation to transmit payments to Breeders under these Terms and/or a Reservation agreement, in no event will HonestPet's aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Consumers or Breeders, or your use of or inability to use the HonestPet Platform or any content/Pet Content exceed: (i) to Consumers, the amount you paid as a Consumer during the 12-month period prior to the event giving rise to the liability; (ii) to Breeders, the amount paid to you as a Breeder in the 12-month period prior to the event giving rise to the liability; or (iii) to anyone else, fifty U.S. dollars (US $50.00).

These limitations of liability and damages are fundamental elements of the agreement between you and HonestPet. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.

15. Indemnification of HonestPet.To the maximum extent permitted by applicable law, you agree to release, defend (at HonestPet's option), indemnify, and hold HonestPet (including affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) a Member’s breach of these Terms (including any supplemental or additional terms that apply to a product or feature), our Privacy Policy, or the Reservation agreement; (ii) your improper use of the HonestPet Platform; (iii) your interaction with any Member, purchase of a Pet, participation in a Breeder Service, including without limitation any injuries, losses, or damages (whether compensatory, direct, incidental, consequential, or otherwise) of any kind arising in connection with or as a result of such interaction, purchase, participation, or use; (iv) your failure, or our failure at your direction, to accurately report, collect, or remit taxes, if applicable; or (v) your breach of any laws, regulations, or third-party rights such as intellectual property or privacy rights.

16. Governing Law and Venue.If you reside or have your place of establishment in the United States, these Terms will be interpreted in accordance with the laws of the State of Delaware and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 17 must be brought in state or federal court in Wilmington, Delaware, unless we both agree to some other location. You and HonestPet both consent to venue and personal jurisdiction in Wilmington, Delaware.

17. Dispute Resolution and Arbitration Agreement.

17.1 Application. This provision, otherwise known as the Arbitration Agreement, only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against HonestPet in the United States, this Arbitration Agreement will apply for the determination of the threshold issue of whether this Section 17 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.

17.2 Overview of the Dispute Resolution Process HonestPet is committed to participating in a consumer-friendly dispute resolution process. To that end, these Terms provide for a two-part process for individuals to whom this Section 17 applies: (1) an informal negotiation directly with HonestPet’s customer service team; and if necessary (2) a binding arbitration administered by the American Arbitration Association (“AAA”). You and HonestPet each retain the right to seek resolution of the dispute in small claims court as an alternative to arbitration.

17.2.1 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and HonestPet each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to HonestPet by mailing it to HonestPet’s agent for service: Registered Agent Solutions, Inc, located at 838 Walker Road, Suite 21-2, Dover, Delaware 19904. HonestPet will send its notice of dispute to the email address associated with your HonestPet account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (as defined below and available at www.adr.org).

17.2.2 Agreement to Arbitrate. You and HonestPet mutually agree that any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the HonestPet Platform, Host Services, or any content/Pet Content (collectively, “Disputes”) will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and HonestPet agree that the arbitrator will decide that issue.

17.2.3 Exceptions to Arbitration Agreement.ou and HonestPet each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 16): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief; or (iv) any individual claim of sexual assault or sexual harassment arising from your use of the HonestPet Platform or any other HonestPet services. You and HonestPet agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action and will be stayed pending the outcome of the arbitration pursuant to Section 3 of the Federal Arbitration Act.

17.2.4 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by the arbitrator in accordance with the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA (the “AAA Rules”) then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.

17.2.5 Modification to AAA Rules - Arbitration Hearing/Location.In order to make the arbitration most convenient to you, HonestPet agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Arlington, Virginia; (c) via phone or video conference. If the amount in controversy is $5,000 or less, the parties agree to proceed solely on the submission of documents to the arbitrator.

17.2.6 Modification of AAA Rules - Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.

17.2.7 Arbitrator’s Decision.The arbitrator’s decision will encompass the essential findings and conclusions forming the basis of the award. The judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator retains the authority to grant any relief permitted by law or the AAA Rules. However, declaratory or injunctive relief may only be granted on an individual basis and to the extent required to address the relief justified by the individual claim of the claimant.

17.2.8 Jury Trial Waiver. You and HonestPet acknowledge and agree that both parties are waiving the right to a trial by jury concerning all arbitrable Disputes.

17.2.9 No Class Actions or Representative Proceedings. YOU AND HONESTPET ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, BOTH PARTIES ARE WAIVING THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. UNLESS AGREED UPON IN WRITING, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF SOUGHT BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT BE GRANTED TO OR AFFECT OTHER USERS. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph for any claim, cause of action, or requested remedy, then only that specific claim, cause of action, or requested remedy will be severed from this agreement to arbitrate and brought in a court of competent jurisdiction. In such an event, you and HonestPet agree that the claims, causes of action, or requested remedies not subject to arbitration will be stayed until all arbitrable claims, causes of action, and requested remedies are resolved by the arbitrator.

17.2.10 Severability.Except as provided in Subsection 17.2.9, if any part of this Arbitration Agreement is deemed illegal or unenforceable, that specific provision will be severed, and the rest of the Arbitration Agreement will remain fully effective and enforceable.

17.2.11Changes to Agreement to Arbitrate.If HonestPet changes this Section 17 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending HonestPet written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and HonestPet (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and HonestPet.

18. Miscellaneous.

18.1 Interpreting Terms.Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between HonestPet and you pertaining to your access to or use of the HonestPet Platform and supersede any and all prior oral or written understandings or agreements between HonestPet and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and HonestPet. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Subsection 17.2.9 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms, it connotes an obligation with the same meaning as “shall.”

18.2 No Waiver. HonestPet’s failure to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by HonestPet in writing.

18.3 Notices.Unless specified otherwise, any notices or other communications to Members permitted or required under this agreement will be provided electronically and given by HonestPet via email, HonestPet Platform notification, messaging service (including SMS), or any other contact method HonestPet enables and you provide.

18.4 Third-Party Services.The HonestPet Platform may contain links to third-party websites, applications, services, or resources ("Third-Party Services") that are subject to different terms and privacy practices. HonestPet is not responsible or liable for any aspect of such Third-Party Services, and links to such Third-Party Services are not an endorsement.

18.5 Google Terms for HonestPet.Some translations on the HonestPet Platform are powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose, and non-infringement. 18.6 Apple Terms for HonestPet. If you access or download the HonestPet application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.

18.6 SMS and Marketing. By consenting to HonestPet's SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase. If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply. For any questions, please text HELP to the number you received the messages from. You can also contact us at privacy@honestpet.com for more information. We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages. To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service. Your right to privacy is important to us. Please reference our Privacy Policy to determine how we collect and use your personal information.

18.7 Platform Content. Content and/or Pet Content made available through the HonestPet Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content and/or Pet Content are the exclusive property of HonestPet and/or its licensors and agree that you will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast, or otherwise exploit any Content and/or Pet Content accessed through the HonestPet Platform except to the extent you are the legal owner of that Content and/or Pet Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, HonestPet grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the mobile application on your personal device(s); and (ii) access and view the Content and/or Pet Content made available on or through the HonestPet Platform and accessible to you, solely for your personal and non-commercial use. We respond quickly to the concerns of rights owners about any alleged infringement, and we terminate repeat infringers in appropriate circumstances. Further, we respond to notices of alleged copyright infringement under the United States Digital Millennium Copyright Act. Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement. Written claims concerning copyright infringement must include the following information: i. A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest: ii. A description of the copyrighted work that you claim has been infringed upon; iii. A description of where the material that you claim is infringing is located on the site; iv. Your address, telephone number, and e-mail address; v. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owners, its agent, or the law; and vi. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

18.8 Force Majeure.HonestPet shall not be liable for any delay or failure to perform any HonestPet service resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics (including but not limited to Covid-19), epidemics, or disease, strikes, or shortages of transportation facilities, fuel, energy, labor, or materials.

18.9 Emails and SMS.You will receive administrative communications from us using the email address or other contact information you provide for your HonestPet account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an HonestPet account. In the U.S., if you consent to receive SMS (text messages) from us, you will be subject to our SMS Terms.

18.10 If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd. Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

18.11 Contact Us. If you have any questions about these Terms, please email us at support@honestpet.com. Our mailing address is 344 Maple Ave. W, #285, Vienna, VA 22180-5612.

SMS Terms

EFFECTIVE DATE: October 6, 2023

These SMS Terms ("SMS Terms") are a binding legal agreement between you and HonestPet that govern text messaging in the United States. When used in these SMS Terms, "HonestPet," "we," "us," or "our" refers to Honest Pet, Inc.

1. HonestPet’s SMS Terms for text messaging in the United States.

1.1 In the United States, when text messaging with HonestPet requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, or otherwise consenting to receive one or more text messages (“Opt In”), or using an HonestPet arrangement in which HonestPet sends (or indicates that it may send, or receives a request that it send) one or more text messages (“Text Message Service”), you accept these SMS Terms , consent to the handling of your personal information as described in the HonestPet Privacy Policy, and agree to resolve disputes with HonestPet as described in our Terms of Service. Please note that message and data rates may apply.

HonestPet will use reasonable commercial efforts to deliver automated text messages to the mobile number you provide. HonestPet is not liable for delayed or undelivered messages. HonestPet will make reasonable commercial efforts to deliver automated text messages to the mobile number you provide. Please note that the frequency of text messages may vary based on your account activity, communications, and profile settings. The maximum message frequency can be daily based on the activity of your account.

2. By Opting In to a Text Message Service:

2.1 You expressly authorize HonestPet to use autodialer or non-autodialer technology to send text messages to the mobile phone number associated with your Opt In. You also authorize HonestPet to include marketing content in any such messages. You do not have to Opt In or agree to Opt In as a condition of purchasing a Pet.

2.2 You consent to the use of an electronic record to document your Opt In. To withdraw that consent, reply “STOP”, contact us via the methods described in the Contact Us section of the Terms of Service, or visit the Notification page in your account settings. If you withdraw your consent, certain features of our service may not be available to you.

2.3 You confirm that you are the current subscriber to the Opted In mobile phone number or that you are the customary user of that number on a family or business plan and that you are authorized to Opt In.

3. Customer Care and Support

If you require assistance or have any questions, our customer care team is here to help!

Choose your preferred method of contact based on your needs:

- Email: Send an email to support@honestpet.com with details regarding your matter.

- Live Chat: For instant support and information, simply send the keyword "HELP" to our live chat support. Our friendly agents will be ready to assist you promptly.

Thank you for choosing HonestPet. We value your satisfaction and are committed to providing excellent customer service.