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Adopt a Pet Terms of Service

Last Updated: January 17, 2024

What Are the Rules?

These Terms of Service ("Terms") govern your use of the AdoptAPet.com website ("Site") which is owned and operated by Kinship Partners, Inc., a subsidiary of Mars, Incorporated (collectively, “AdoptAPet”, “we”, “us, or “our”) and any mobile application, application programming interfaces, and other services offered by AdoptAPet in connection with the Site such as Rehome, as well as services offered through third parties integrating Site functionality ("Services").

THIS IS A BINDING AGREEMENT. BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY. IF YOU DO NOT AGREE TO THESE TERMS IN THEIR ENTIRETY, YOU ARE NOT AUTHORIZED TO USE THE SITE, OR ACCESS ANY OF THE CONTENT OR SERVICES AVAILABLE THROUGH THE SITE, IN ANY MANNER OR FORM WHATSOEVER.

THIS WEBSITE IS ONLY INTENDED FOR USERS LOCATED IN THE UNITED STATES. IF YOU ARE NOT LOCATED IN THE UNITED STATES AND CANADA, DO NOT USE THIS WEBSITE.

IMPORTANT NOTICE: THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A CLASS ACTION UNLESS YOU OPT-OUT. ARBITRATION IS MANDATORY AND THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS OTHERWISE SPECIFIED. CLIQUEZ ICI POUR CONSULTER CES TERMES ET CONDITIONS EN FRANÇAIS.

The Terms will govern your use of any new features that augment or enhance the current Site or Services. In addition to these Terms and any additional terms incorporated herein by reference, the Privacy Statement, found at https://www.mars.com/privacy (the “Privacy Policy”) will govern how personal information you submit on the Site and through the Services will be used, and together they form the agreements between you and us (the “Agreements”). Please read these Terms, our Privacy Policy and any other terms referenced herein carefully.

Occasionally we may make changes to the Agreements. When we make material changes to the Agreements, we will provide you with notice as appropriate, in our sole discretion, under the circumstances, e.g., by displaying a prominent notice within the Site or Services or by sending you an email. In some cases, we will notify you in advance, and your continued use of the Site or Services after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you read any such notice carefully. If you do not wish to continue using the Services under the new version of the Agreements, you may terminate your account by contacting us at https://adoptapetusers.zendesk.com/hc/en-us/requests/new.

The Site and Services allow your local animal shelters and rescue groups to list their pets available for adoption. You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state of residence, or a minor, your parents or legal guardian must agree to these Terms on your behalf, and you may only access and use the Site and Services with permission from your parent or legal guardian.

The Site and Services are free for you to use and free for the animal shelters and rescue groups as well (except for optional, additional services which you may elect to enroll into). We simply provide a way for you to see homeless pets that animal shelters and rescue groups are advertising for adoption.

Table of Contents

Payment and Fees for Adoption of Pets

The adoption fees and adoption guidelines for each pet vary with the different third-party shelters so to find out about a particular pet, please contact the organization directly that has the pet. We assume no liability or responsibility in connection with the adoption fees and adoption guidelines for each pet.

Your Use of the Site and Services

You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account, if any. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. You are prohibited from transmitting any “sensitive” personally identifiable information over the Site, which may include, but not be limited to, any information about yourself or another person that may relate to health or medical conditions, social security/social insurance numbers or national identifiers, credit card, bank account or other financial information (except to purchase products or services through the Site or Services), other information concerning trade union membership, sex life, political opinions, criminal charges or convictions, religious or philosophical beliefs, racial or ethnic origin, or other sensitive matters (“Sensitive Personal Information”).

When you use the Site or Services, you also may not:

We reserve the right, but do not undertake the obligation to: (a) monitor or review the Site and Services for violations of the Agreements, and for compliance with our policies; (b) report to law enforcement authorities and/or take legal action against anyone who violates these Terms; (c) refuse, restrict access to or the availability of, or remove, delete, edit or disable (to the extent technologically feasible) any User Content, defined 6 below, or any portion thereof; (d) manage the Site and Services in a manner designed to protect our and third parties' rights and property or to facilitate the proper functioning of the Site and Services; and/or (e) terminate or block you your use of the Site or Services for violating these Terms.

Without limiting any other provision of these Terms, Agreements, or any remedy we may have under law or in equity, we reserve the right to, in our sole discretion, and without notice or liability, restrict or deny access to the Site or Services or to terminate the user account of any person for any reason or for no reason at all, including without limitation for breach of any representation, warranty or covenant contained in these Terms or the Agreements, or of any applicable law or regulation.

We do not house, make any guarantees or have any contact with any of the pets listed on our website. Information regarding pets posted on the Site and Services is provided by the posting organization and is not checked for accuracy nor guaranteed to be accurate or complete. We are not therefore responsible for any issues that may arise out of contact you have with any pets listed on our site. We are also not responsible for any issues that arise regarding any of the organizations or individuals that post pets on our Site. We work hard to make sure that animal shelters and rescue groups keep their listings on our Site up to date, and that these groups are reputable and responsive to the public, but we assume no responsibility for any actions any of these organizations may or may not take. Please see below for more information.

Accounts

For certain aspects of the Site or Services, you may be required to create an account (an “Account”) or to use third party platform authentication (“Third Party Authentication”). When you create an Account with us, you guarantee that you are at least 18 years old or the age of majority in your state of residence (whichever is older), and that the information you provide us is accurate, complete, and current. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account. You may only have one (1) Account and this Account is personal to you, and you may not under any circumstances share it or allow any other person to utilize your Account. You may never use another's Account without permission. You are responsible for maintaining the confidentiality of your username and password and are fully responsible for all activities that occur under your username and password, whether your password is with our Site or Service, Third Party Authentication, or another third-party service. You agree to immediately notify AdoptAPet in the event that your registration information changes, or you learn of or have reason to suspect any unauthorized use of your Account or any other breach of security. You may not use as an Account name the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as an Account name any name that is offensive, vulgar or obscene. We reserve the right to refuse service, terminate Accounts, remove or edit content, or cancel orders in our sole discretion. AdoptAPet may refuse to grant a particular Account name to you or require you to change your Account name for any reason or no reason.

User Content

The Site and some of our Services allow you to upload, submit, store, send, or receive content and data ("User Content"). You retain ownership of any intellectual property rights that you hold in that User Content.

When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, share, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services.

You represent and warrant that:

You are solely responsible for your User Content. AdoptAPet is not a publisher of User Content and we are not responsible for its accuracy or legality. You assume legal responsibility for and will indemnify us from all liabilities, losses, or damages incurred as a result of any of your User Content.

We reserve the right, but do not have the obligation to monitor, remove, or restrict any User Content for any reason, including, without limitation, that your User Content is in violation of these Terms or is otherwise inappropriate, as determined in our sole discretion. You agree that any action or inaction we take to prevent, restrict, redress, or regulate User Content, or to implement other enforcement measures against any User Content, is undertaken voluntarily and in good faith. We may moderate User Content, conduct, and compliance with the Agreements at our discretion, but they do not have any authority to make binding commitments, warranties, or representations on our behalf. You expressly agree that we shall in no circumstances be liable as a result of any representation that we would or would not restrict or redress any User Content, conduct or potential or purported violation of the Terms.

We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason or no reason.

Ownership

Except for User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services ("Our Content"), and (b) our trademarks, logos, and brand elements, ("Marks"). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws. You may not use the Site and Services, Out Content, or Marks without the express and prior written consent of AdoptAPet.

Leaving Our Back Yard—Other Web Sites

Our site contains links to other web sites (shelters, pet rescue groups, etc.). When you click on one of these links, you are entering another web site for which AdoptAPet has no responsibility. It's like going off-leash at the dog park. We encourage you to read the terms and privacy statements on all such sites as their policies may be different than ours.

Availability of the Site and Services

While AdoptAPet endeavors to ensure that the Site and Services are available at all times, AdoptAPet will not be liable if, for any reason, the Site or Services are unavailable at any time or for any period.

The Site or Services may be suspended temporarily or permanently without notice to you for security purposes, maintenance or repair, system failures, or other circumstances (collectively, “Service Interruptions”). You acknowledge and agree that you are not entitled to any compensation related to such Service Interruptions. We do not offer a service level or uptime guarantee with our Site or Services.

You may also experience interruptions or issues in accessing the Site or Services for various reasons, including a poor Wi-Fi connection or your mobile carrier's data and usage plan. You acknowledge that the availability of the Site and Services is dependent on your Internet Service Provider (“ISP”) and your computer or other online device or your mobile carrier and your mobile device. You are responsible for ensuring you comply with your ISP's and mobile carrier's applicable terms and agreements, including any data and usage terms.

Third Party Content and Interactions

Our Site and Services may contain features and functionalities that may link you or provide you with access to third party content that is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals found on our Site and Services, including shelters, rescue organizations, and others, are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we are not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of our Site and Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site and Services, you hereby release us and our affiliates and sponsors, and their and our respective officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site or Services.

Disclaimer and Limitations on Our Liability

YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH OUR SITE AND SERVICES (INCLUDING, WITHOUT LIMITATION, ANY RECOMMENDATIONS OR OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES), OR THE CONTENT OF ANY WEBSITES OR RESOURCES LINKED TO THE SITE OR SERVICES, OTHER THAN THOSE EXPRESSLY STATED ON THE FACE OF THE SITE AND THE SERVICES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, DIRECTORS, PARENTS, SUBSIDIARIES, SUCCESSORS, ASSIGNS, AFFILIATES, AGENTS, SPONSORS, AND LICENSORS DISCLAIM ALL INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS, WITH RESPECT TO THESE TERMS, PRIVACY POLICY, AGREEMENTS, AND THE SITE AND SERVICES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY CLAIMS RESULTING FROM THE ADOPTION OR ACTIONS OF OR INTERACTION WITH ANY PET. WE AND OUR AFFILIATES DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PETS OFFERED FOR ADOPTION OR ADOPTED OR ANY THIRD-PARTY PRODUCT OR SERVICE RECOMMENDED, ADVERTISED, OR OFFERED ON OR THROUGH THE SITE OR SERVICES, OR ANY LINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, FROM ANY SHELTER OR RESCUE ORGANIZATION.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY RIGHT OR WARRANTY NOT EXPRESSLY MADE IN THESE TERMS OF SERVICE AND PRIVACY POLICY.

BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

Indemnification

To the extent permitted under applicable law, you agree to indemnify and hold harmless AdoptAPet and each of our respective licensors, suppliers, officers, directors, investors, employees, independent contractors, agents, successors, assigns, service providers and other contractors from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney's fees and legal costs) of any kind or nature, arising from or relating to: (i) any actual or alleged breach of these Terms by you or anyone using your account, (ii) or the content or other information you provide to us through the Site or Services. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

Mandatory Arbitration and Class Action Waiver

PLEASE READ THESE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at legal@kinship.co. to attempt to resolve the dispute or controversy informally. You and AdoptAPet agree that we will resolve any disputes between us that cannot be resolved through such informal process or through negotiation within 120 days through binding and final arbitration instead of through court proceedings. You and AdoptAPet hereby waive any right to a jury trial of any Claim (defined below). All controversies, claims, counterclaims, or other disputes arising between you and AdoptAPet relating to these Terms, Privacy Policy, or the Agreements (each a "Claim") shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association, Consumer Arbitration Rules ("AAA Rules"). The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be heard and determined by a single arbitrator in the English language in New York, New York, or telephonically. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, Privacy Policy, the Agreements, or this arbitration provision, and any other terms incorporated by reference into these Terms. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. This arbitration agreement does not preclude you or AdoptAPet from seeking action by federal, state, or local government agencies. You and AdoptAPet also have the right to bring qualifying claims in small claims court. In addition, you and AdoptAPet retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms.

The arbitrator shall follow the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. In all other respects, the substantive law of the State of New York shall apply, without regard to conflicts of laws principles.

Neither you nor AdoptAPet may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or AdoptAPet' individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within one (1) year after the claim arises. No waiver of any provision of this Section of the Terms will be effective or enforceable unless recorded in writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of the Terms.

If any claim or dispute is found by the arbitrator to be excluded from this arbitration agreement above, the parties agree that any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in New York, New York.

This Section of the Terms will survive the termination of your relationship with AdoptAPet.

30 DAY RIGHT TO OPT-OUT. YOU HAVE THE RIGHT TO OPT-OUT AND NOT BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS SET FORTH IN THIS SECTION OF THESE TERMS BY SENDING WRITTEN NOTICE OF YOUR DECISION TO OPT-OUT BY EMAILING US AT LEGAL@KINSHIP.CO. THE NOTICE MUST BE SENT WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS, OTHERWISE YOU SHALL BE BOUND TO ARBITRATE DISPUTES IN ACCORDANCE WITH THE TERMS OF THOSE SECTIONS. IF YOU OPT-OUT OF THESE ARBITRATION PROVISIONS, WE ALSO WILL NOT BE BOUND BY THEM.

Claims of Intellectual Property Infringement

We take claims of copyright infringement and infringement of other intellectual property seriously and will respond to notices of alleged copyright infringement and other types of infringement that comply with applicable law. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), we will respond expeditiously to claims of copyright infringement committed using our Services. If you believe any materials accessible on or from the Services infringes your copyright, you may request removal of those materials from the Services by sending a notice of alleged infringement (“DMCA Notice”) to our DMCA Agent using the following contact information:

DMCA Agent
c/o Marketing Properties
Mars, Incorporated
930 W Evergreen Ave
Chicago, IL 60642
DMCA@effem.com

DMCA Notices must contain the following information:

Please do not send any other correspondence or inquiries to our DMCA agent other than DMCA Notices. Our DMCA agent will only respond to notices and inquiries that comply with the requirements of the DMCA. Please see http://www.copyright.gov/ for more information.

To report types of intellectual property infringement OTHER THAN COPYRIGHT, please email legal@kinship.co. with all of the following information (a “Notice”):

Upon receipt of Notice as described above, we will take whatever action, in our sole discretion, we deem appropriate, including removal of the challenged content from the Site and Services.

Miscellaneous

Additional Terms

In addition to these Terms, your use of the Site and Services is subject to the Mars Terms of Use, available at https://www.mars.com/global/policies/legal/ld-english. If any additional term is irrevocably inconsistent with any provision of these Terms, these Terms will prevail.

Questions? Just Get in Touch!

If you have any questions or concerns please contact:

Kinship Partners Inc.
440 Park Avenue, Fl. 5
New York, NY 10022
Attn: Legal Department
E-mail: info@adoptapet.com