Immediately below are the Terms of Use ( the “Terms”) that govern your use of this website (this “Site”), including any content or information provided as part of the Site, which is controlled, operated and administered by Pet Screening, Inc. (“Pet Screening”, “we”, “our” or “us”).  

Following the Terms are Terms of Service (“Terms of Service”) that govern your use of our products and services, including any content or information provided as part of the Site or such related products, services or websites (collectively, the “Services”), which are owned or operated by us.

Please read the following Terms carefully as they affect your legal rights. These Terms contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve certain types of disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Dispute Resolution” section below.

By accessing and browsing the Website, you accept and agree to be bound by these Terms and our Privacy Policy, which are conditions of permission to access the Site. If you do not agree to these Terms and Privacy Policy, you may not have full access to the Site. The form and nature of the content and all information posted on the Site is subject to change without notice. Your continued access of the Site after such changes conclusively demonstrates your acceptance of those changes.

We take your privacy seriously. Your submission of personally identifiable information through the Site is governed by our Privacy Policy, available here. These Terms incorporate by reference the terms and conditions of the Privacy Policy.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, in whole or in part, or of any service, information and materials contained herein, software used to make the Site, or feature or product offered through the Site.

1. Permitted Use

Subject to these Terms and any other terms and conditions on the Site, we hereby grant to you the non-exclusive right to use the Site, subject to these Terms. The Site, all of the information and materials contained herein, and the software used to make the Site available are and shall remain the property of Pet Screening and its licensors and suppliers, and are protected, without limitation, pursuant to U.S. and foreign copyright, trademark, patent and/or other proprietary rights and laws. You do not acquire any right, title or interest therein by virtue of accessing the Site or making use of the permitted uses allowed under these Terms.

The trademarks, logos, service marks, brand identities, title, characters, trade names, graphics, designs, copyrights and other properties (collectively the “Trademarks”) displayed on the Site are protected intellectual property that include registered and unregistered trademarks of Pet Screening and others. Nothing contained on the Site should be construed as granting, by implication, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Pet Screening or such third party that may own the Trademark. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided herein, is strictly prohibited.

2. User Content

We may include features on the Site that allow you to share your information, comments, reviews, ideas, concepts and other texts, photos, pictures and other images (together referred to as “User Content”) with us and other users of the Site. Please note that by sharing User Content through the Site, your User Content may become publicly accessible and will not be subject to any confidentiality restrictions. You hereby grant to Pet Screening a worldwide, non-exclusive, transferable, royalty-free, perpetual, irrevocable right and license, without compensation to you:

1. to use, reproduce, distribute, adapt (including without limitation edit, modify, translate, and reformat), derive, transmit, display and perform, publicly or otherwise, such User Content, in any media now known or hereafter developed, for our and our affiliates’ business purposes;
2. to sublicense the foregoing rights, through multiple tiers, to the maximum extent permitted by applicable law; and
3. to use User Content as news or information in any and all media and for advertising or promotional purposes, whether or not in connection with your submission.

The foregoing licenses shall survive any termination of your use of the Site. For all of the User Content you share through the Site, you represent and warrant that you have all rights necessary for you to grant these licenses, and that such User Content, and your provision or creation thereof through the Site, complies with all applicable laws, rules, and regulations and does not infringe or otherwise violate the copyright, trademark, trade secret, privacy or other intellectual property or other rights of any third party, and is furthermore free from viruses and other malware. You further, to the extent permissible by law, irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding each item of User Content that you submit.

Please note that we do not solicit or encourage submissions of User Content containing ideas or suggestions relating to the Site or our business.  If you send us any ideas or suggestions, regardless of the topic, we will have no obligations with respect to such ideas or suggestions (including without limitation, confidentiality and/or compensation) and may use them for any purpose whatsoever. You understand and acknowledge that we have both internal resources and other external resources that may have developed, or may in the future develop, ideas identical to or similar to any ideas or suggestions or comments to suggestions you may submit. Any idea or suggestion you submit to us shall be subject to the foregoing User Content policy and terms.

You acknowledge and agree that we reserve the right (but have no obligation) to do one or all of the following, at our sole discretion: (a) evaluate User Content before allowing it to be posted on the Site; (b) monitor User Content; (c) alter, remove, reject, or refuse to post or allow to be posted, without notice to you, any User Content, for any reason or for no reason whatsoever; provided, however, that we shall have no obligation or liability to you for failure to do so or for doing so in any particular manner; and/or (d) disclose any User Content, and the circumstances surrounding their transmission, to any third party in order to operate the Site; to protect us and our employees, officers, directors, shareholders, agents, and representatives, and the Site’s users and visitors; to comply with legal obligations or governmental requests; to enforce these Terms; or for any other reason or purpose.

3. Third-Party Content & Websites

We do not control, and we are not responsible for, any data, content, services, or products (including software) that you access, download, receive or buy while using the Site. We may, but do not have any obligation to, block information, transmissions or access to certain information, services, products or domains to protect the Site, our network, the public or our users. We are not a publisher of third-party content accessed through the Site and are not responsible for the content, accuracy, timeliness or delivery of any opinions, advice, statements, messages, services, graphics, data or any other information provided to or by third parties as accessible through the Site.

From time to time, the Site may contain references or links to third-party materials not controlled by Pet Screening or its suppliers or licensors. Pet Screening provides such information and links as a convenience to you and should not be considered endorsements of such sites or any content, products or information offered on such sites. You acknowledge and agree that Pet Screening is not responsible for any aspect of the information or content contained in any third party materials or on any third party sites accessible or linked to the Site. You are responsible for evaluating whether you want to access or use a third party sites. Accordingly, if you decide to use third party sites, you do so at your own risk and agree that this Agreement does not apply to your use of any third party sites. You should review any applicable terms or privacy policy of a third party sites before using it or sharing any information.

4. Acceptable Use Policy

You agree to comply with all applicable laws and regulations in connection with your use of the Site. You may not use our Site to post or transmit any illegal material, including without limitation any transmissions that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or international law or regulation.

You may not (and you expressly agree that you will not) do any of the following, which violate these Terms:

Additionally, you acknowledge and agree that you (and not Pet Screening) are responsible for obtaining and maintaining all telecommunications, broadband, and computer hardware, equipment, and services needed to access and use the Site, and paying all charges related thereto.

Pet Screening enforces a zero-tolerance SPAM policy regarding information transmitted through our network. Pet Screening may determine in its sole discretion whether any transmissions are considered SPAM. SPAM includes, but is not limited to, the following:

• Bulk unsolicited e-mail, promotional material, or other forms of solicitation sent via the Site, or e-mail that advertises any IP address belonging to Pet Screening or any URL (domain) that is hosted by Pet Screening.
• The use of web pages set up on ISPs that allow SPAM-ing that directly or indirectly reference customers to domains or IP addresses hosted by Pet Screening.
• Forging or misrepresenting message headers, whether in whole or in part, to mask the true origin of the message.

If Pet Screening determines that you have posted one or more articles of SPAM, we may cancel your account immediately and take steps to prevent you from using the Site at any time thereafter.

You agree not to use the Site for the purpose of recruiting for another website or service that offers competing functionality to the Site.

5. Copyright Protected Materials

Pet Screening respects the intellectual property rights of others and expects that you do the same. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms or in the text on the Site without the written permission of Pet Screening. We neither warrant nor represent that your use of content displayed on Site will not infringe rights of third parties not owned by or affiliated with us. Images, photographs, or illustrations displayed on the Site are either the property of, or used with permission by, Pet Screening. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

It is our policy to terminate, in appropriate circumstances and in our sole discretion, the accounts of subscribers who infringe the copyrights of others. Pet Screening has the right, but not the obligation, to remove from the Site any files, material, information, software or other material Pet Screening believes is or may be, in its sole discretion, infringing or otherwise in violation of the rights of others.

We are committed to complying with U.S. copyright law and to responding to claims of copyright infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c) (“DMCA”).

Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider’s Designated Agent. Notification must be submitted to the following Designated Agent for the Site in the manner described below:

By Mail:  Chief Legal Counsel,

Pet Screening, 500 S Main Street, Unit 115, Mooresville, NC 28115

By Email:

support@petscreening.com

For your complaint to be valid under the DMCA, you must provide all of the following information when providing notice of the claimed copyright infringement:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit us to locate the material;
• Information reasonably sufficient to permit us to contact the copyright owner, such as an address, telephone number, and, if available, an electronic mail address;
• A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
• A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

For more details on the information required for valid notification, see 17 U.S.C. 512(c)(3).

You should be aware that, under the DMCA, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorney’s fees.

6.  International Users

The Site is controlled, operated and administered by Pet Screening from its offices within the United States of America and is not intended to subject Pet Screening to the laws or jurisdiction of any state, country or territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local statutes, orders, regulations, rules, and other laws. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

Note that your personal data, if you provide any, will be stored in Pet Screening databases (including local storage) or databases managed by third party service providers, which are located within and outside of the United States.  Such data will be automatically transferred to these databases, which may be located in countries where privacy rules differ and may be less stringent than those of the country in which you reside.  If you visit our Site from a country in the European Union, you consent to such cross-border transfers of personal data to the United States.  

7. Right to Restrict or Terminate Access

Pet Screening may deny or restrict your access to all or part of the Site without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that Pet Screening in its reasonable discretion believes violates the letter or spirit of any of these Terms. If Pet Screening denies or restricts your access to the Site because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

8. Disclaimer of Warranty

Screening will attempt to make the Site available at all times, except for limited periods for maintenance and repair. However, the Site may be subject to unavailability for a variety of factors beyond our control, including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Site or communications services or networks. We may impose usage limits or block certain kinds of usage in our sole discretion to protect users or the Site. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ALL SITE CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. PET SCREENING DOES NOT WARRANT THAT THE SITE WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PET SCREENING DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, IN TERMS OF ITS ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PET SCREENING’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL PET SCREENING, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PET SCREENING PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SITE.

A PET SCREENING PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID PET SCREENING FOR YOUR USE OF THE SERVICES IN THE PRIOR TWELVE (12) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE PET SCREENING PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PET SCREENING TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 8 AND 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THIS AGREEMENT.

10. Dispute Resolution

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution organization mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

11. Electronic Notices and Disclosures

You acknowledge and agree that Pet Screening may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Pet Screening’s website or by emailing it to you at any email address provided to Pet Screening by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

12. Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account. Your use or continued use of the Site following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

13. Miscellaneous

These Terms, along with any Terms of Service, rules, guidelines, or policies published on the Site constitute the entire agreement between Pet Screening and you with respect to your use of our Site. If there is any conflict between the Terms and any other rules or instructions posted on the Site, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Pet Screening. Notwithstanding the foregoing, Pet Screening reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of North Carolina, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Charlotte, North Carolina. The parties each hereby consent to the jurisdiction and venue in Charlotte, North Carolina, and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Pet Screening shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Site must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Pet Screening. Pet Screening’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. Any sections or terms which by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of these Terms. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Pet Screening may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Pet Screening, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Pet Screening. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Pet Screening, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.

If you have any questions, complaints, or claims, you may contact Pet Screening at 500 S Main Street, Unit 115, Mooresville, NC 28115.

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These Terms of Service (“Terms of Service”) govern your use of our products and services, including any content or information provided as part of our website (the “Site”) or such related products, services or websites (collectively, the “Services”), which are owned or operated by Pet Screening, Inc. (“Pet Screening”, “we”, “our” or “us”).

Our Privacy Policy, available here, is incorporated by reference into these Terms of Service. Please read these Terms of Service and the Privacy Policy carefully before you access the Services, as these Terms of Service form a binding legal agreement between you and Pet Screening.

Please read the following Terms carefully as they affect your legal rights. These Terms contain an arbitration agreement that requires the use of arbitration on an individual basis to resolve certain types of disputes rather than jury or any other court proceedings, or class actions of any kind. The arbitration agreement is set forth in the “Dispute Resolution” section below.

These Terms apply to you individually. By accessing, registering for or using the Services, you: (1) acknowledge that you have read and understand these Terms; (2) agree to be bound by them in their entirety, and (3) are entering into a legally binding agreement with us. As used in these Terms and unless separately identified as applicable to either an individual or entity, “you” and “your” refer to you individually.

IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES. YOUR USE OF OUR SERVICES REQUIRES YOUR ACCEPTANCE OF THESE TERMS AS THEY MAY BE AMENDED FROM TIME TO TIME, INCLUDING THE POLICIES INCORPORATED BY REFERENCE HEREIN, WHICH INCLUDES THE PET SCREENING PRIVACY POLICY.

1. Overview of Services; Disclaimer

• 1.1 Overview of Services. The Services allow for screening of your household pets and validation of your reasonable accommodation requests for assistance animals in accordance with the pet policies of your property manager, landlord, housing provider or living community (collectively, “Property Manager”). The Services allow you to create profiles to store your animal records and information in one secure and convenient place. The Services make it easy for you to share your records with not only your Property Manager, but also with pet groomers, doggy day cares, dog walkers, pet sitters, vets, pet-friendly hotels, and more. 
• 1.2 Disclaimer. We reserve complete and sole discretion with respect to the operation of the Services. We reserve the right to change terms and warranties without notice. We also reserve the right to withdraw, suspend, or discontinue any functionality or feature of the Services at any time.

2. Your Eligibility; Your Responsibility

To be eligible to use the Services, you represent and warrant that you: (i) are at least 18 years of age, or otherwise over the age of majority in the jurisdiction in which you reside; (ii) are not currently restricted from the Services and are not otherwise prohibited from having an account related thereto; (iii) will only maintain one account at any given time; (iv) will only provide accurate information to Pet Screening; (v) have full power and authority to enter into these Terms and doing so will not violate any other agreement to which you are a party; and (vi) will not violate any rights of Pet Screening or a third party. 

You assume all responsibility for your use of, and access to, the Services. Accounts are for a single user. Any multiple-party use is prohibited. For example, sharing a login between individual users is prohibited.

3. Personal Information; Your Pet Information; Your Account 

• 3.1 Accuracy. By registering for our Services, you represent and warrant that all information you submit to us regarding yourself or your pet is true, accurate, current and complete and that you will promptly notify us in writing if your information changes. It is your responsibility to keep your account and profile information accurate and updated. We are not responsible for any disputes or claims related to any inaccurate, incomplete, or untimely information provided by you to us.
• 3.2 Privacy. To use our Services, you must register with us and submit certain personally identifiable information. You expressly agree that we may collect, disclose, sell, store and otherwise use your information in accordance with the terms of the Pet Screening Privacy Policy, available here.
• 3.3 Your Pet’s Information. As between you and Pet Screening, you own the information, materials, photos, or other data regarding your pet (collectively, “Pet Information”) you provide Pet Screening under these Terms. We may use any Pet Information that you upload or otherwise provide to Pet Screening in connection with the Services in order to provide and promote the Services or Pet Screening’s business. Accordingly, you grant to Pet Screening, and all of its subsidiaries, affiliates, successors, and assigns, a worldwide, perpetual, royalty-free, fully paid, sublicensable, non-exclusive, and transferable right to use, sell, publish, reproduce, distribute, modify, prepare derivative works of, adapt, publicly display and otherwise use the Pet Information. Such right to use such Pet Information shall survive the termination of these Terms and termination of the Services. You authorize us to use, forward, or post your profile or related information on other sites and services. Notwithstanding the foregoing, you retain all rights to the Pet Information, except as otherwise provided herein or as otherwise provided in any other agreement between you and Pet Screening. Any Pet Information you submit to us is provided at your own risk of loss. You are solely responsible for all Pet Information you share, provide, display, publish, or disseminate to others, whether such action was taken by us or you. By providing Pet Information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). Pet Screening may also remove or delete your Pet Information from the Services at any time in its sole discretion.

Pet Screening is not responsible for the content of the Pet Information that you submit that is uploaded to, stored on, or otherwise processed by the underlying hardware or software used to provide the Services. Where the type, character, properties, content, and/or origins of any such Pet Information requires that the parties enter into a data processing addendum or otherwise take other additional steps to remain compliant with applicable laws and regulations (collectively, “Regulated Data”), you shall inform Pet Screening of the same before uploading any such data to the Services so that the parties may cooperate with one another to determine the appropriate steps that must be taken to comply with such applicable laws, which steps may include executing an appropriate data processing addendum or other steps required by law. You shall not provide Regulated Data to Pet Screening in violation of this Section 3.3.

• 3.4 Accommodation Requests. As part of the Services, you may submit a reasonable accommodation request for an assistance animal. The Fair Housing Act (the “FHAct”) prohibits discrimination in housing based on a person’s disability and governs reasonable accommodation requests for assistance animals. Further guidance can be found in HUD’s 2020 Assistance Animal Notice. If you have an observable disability and observable disability-related need for your animal(s), then please contact your housing provider for their confirmation of your “observable” status. If your “observable” status is confirmed by your housing provider, then please advise your housing provider to contact Pet Screening so you can complete the remainder of your animal’s profile (excluding the accommodation request portion) at no-charge ($0.) For non-observable disabilities and non-observable disability-related need reasonable accommodation requests, Pet Screening may request reliable and credible documentation that meets the test of reasonableness established by FHAct. Documentation for Support Animals must affirm that you have a disability and a disability-related need for the animal. Third party documentation such as, but not limited to, a letter from a medical doctor, social worker, or mental health professional are acceptable sources of documentation (collectively, “Accommodation Information”). You hereby authorize and direct Pet Screening to contact the author of any document, or the author’s representative, to confirm the authenticity of a document obtained by us in connection with your request, and to share Accommodation Information with your Property Manager in connection with provision of the Services. You are responsible for any information or documents submitted through your account. If Pet Screening determines that you have submitted information in bad faith (for example, providing false information or submitting documentation that has been altered from the original, forged, or falsified in any way), your request will be not recommended and further submissions of other documents will not be considered. If Pet Screening declines to review further submissions you remain free to pursue accommodation outside of our platform. Pet Screening is not responsible for the content of the Accommodation Information you submit that is uploaded to, stored on, or otherwise processed by the underlying hardware or software used to provide the Services. You shall inform Pet Screening before uploading any Regulated Data to the Services so that the parties may cooperate with one another to determine the appropriate steps that must be taken to comply with such applicable laws, which steps may include executing an appropriate data processing addendum or other steps required by law. You shall not provide Accommodation Information to Pet Screening in violation of this Section 3.4.
  ○ (a) ATTENTION Assistance Animal Owners: Pet Screening is a third-party resource to help housing providers review reasonable accommodation requests for assistance animals in housing. We provide a confidential and secure platform to submit your reasonable accommodation request for review. Our Assistance Animal Review Team is managed by our company’s Chief Legal Counsel. For transparency and clarity, the use of Pet Screening to submit your reasonable accommodation request is elective and optional. For information about your animal (such as animal identity, vaccinations, behavior characteristics, etc.) other than your request for accommodation, however, you should proceed to complete the Pet Screening animal profile. If you prefer to avoid completing the profile online, then a manual form can be provided to you. As an added benefit of using our service for your animal, we provide a 12-month software license at no-charge ($0) to help you digitally manage your animal’s records such as, but not limited to, vaccination details, microchip data, and more. Pet owners (not Assistance Animal owners) pay $20 per pet for this exact functionality and 12-month license. In summary, if you cannot or do not want to use our service to submit your reasonable accommodation request then no further action with Pet Screening is needed. We recommend you immediately notify your Property Manager of your decision, and, if willing, please email info@petscreening.com your name and your Property Manager’s name.
• 3.5 Your Account. Except for your Pet Information licensed to us as set forth above, the account you create and any related profile information is owned by us. With regard to your account, you agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) not use the accounts of others; (iv) not transfer your account to another party; and (v) notify us of any actual or suspected unauthorized use of your account. You are responsible for any activity occurring under your account.

4. Personal Use; Limited License; Ownership

Subject to the terms and conditions herein, Pet Screening grants you a limited, revocable, non-transferable, non-sublicensable, non-exclusive license and right to access the Services through a generally available mobile device, web browser or the Site to view Pet Information and otherwise use the Services to the extent intended and permitted by the functionality thereof. This license is personal to you, and you may not resell our Services, permit other users access to our Services through your account, or use the Services to host Pet Information for others. You may not copy or download any Pet Information from the Services except with the prior written approval of Pet Screening. You acknowledge that, except as otherwise expressly provided, these Terms are solely between you and Pet Screening. This license expires 12 months after a pet profile is completed, or 12 months after an assistance animal profile is recommended.

Furthermore, without the prior written approval of Pet Screening, you may not distribute, publicly perform or display, lease, sell, transmit, transfer, publish, edit, copy, create derivative works from, rent, sub-license, distribute, decompile, disassemble, reverse engineer or otherwise make unauthorized use of the Services. Any commercial use not expressly authorized is prohibited. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to the Services. Your rights are subject to your compliance with these Terms as well as any other agreements applicable to the Services you are using. The Services provided by Pet Screening are licensed, not sold. The Services, and all copies of the Services, are owned by Pet Screening or its third party licensors and are protected by various intellectual property laws, including, without limitation, copyright and trade secret laws. Pet Screening reserves all rights not expressly granted to you herein. You agree that you have no right to any Pet Screening trademark or service mark and may not use any such mark in any way unless expressly authorized by Pet Screening.

Making unauthorized copies or distribution of Pet Information or otherwise violating these Terms may result in the termination of your Pet Screening account, prohibition on use of the Services, and further legal action. Pet Screening reserves the right to limit your use of or access to the Services, in its sole discretion in order to maintain the performance and availability of the Services and to enforce these Terms of Service.

Pet Screening is not liable for the loss, corruption, alteration or removal of any Pet Information or other information transmitted using our Services. By using our Services, you expressly waive the right to seek damages and agree to hold Pet Screening harmless for any such loss, alteration, corruption or removal. You acknowledge and agree that you are solely responsible for retaining all records and reconciling all transaction information relating to your use of the Services.

5. Term; Fees; Payment Terms

If you purchase any Services that we offer for a fee (“Paid Services”), you agree to pay the applicable fees for the Paid Services as disclosed on the Site when due plus all related taxes.

All applicable taxes are calculated based on the billing information you provide us at the time of purchase. Unless otherwise denoted, all fees are assessed in U.S. dollars. By completing the application process and submitting payment you understand and agree that the pet profile is generated almost instantaneously after its submission and the Paid Services are considered to be fully rendered for your use; therefore, no refunds will be provided after submitting payment. You also agree that Pet Screening and its third-party service providers providing payment processing services may store your payment information. We may charge your payment information for subsequent charges you authorize, such as for a Paid Services renewal term or account upgrades or other special charges authorized by you. If the payment method you use with us reaches its expiration date and you do not edit the applicable information or cancel such Paid Service, you authorize us to continue billing that payment method and you remain responsible for any uncollected amounts. You shall retain access to such Paid Services from the time you cancel until the start of the next billing period, but you will not receive a refund or credit for any days remaining in your current billing period. You agree to reimburse us for all collection costs and interest for any overdue amounts.

Failure to pay may result in the termination of your subscription. You may cancel or suspend your Paid Services by contacting Pet Screening at support@petscreening.com. Any sections or terms that by their nature should survive or are otherwise necessary to enforce the purpose of these Terms, will survive the termination of the Services. Termination of the Services does not relieve you from your obligation to pay Pet Screening any amounts owed to Pet Screening through the date of termination. Unless expressly stated to the contrary, we do not guarantee refunds for lack of usage, dissatisfaction or any other reason.

Paid Services may be subject to additional terms, in addition to these Terms, related to the provision of the Paid Service.

6. Right to Restrict or Terminate Access

Pet Screening may deny or restrict your access to all or part of the Services without notice in its reasonable discretion if it deems that you have engaged in any conduct or activities that PetScreening in its reasonable discretion believes violates the letter or spirit of any of these Terms.If Pet Screening denies or restricts your access to the Services because of such a violation, you shall have no right to obtain any refund or credit for the subscriptions fees you have paid.

In the event that the Services are terminated for any reason or no reason, you acknowledge and agree that you will continue to be bound by these Terms. Following termination, you shall immediately cease use of the Services and any license granted to you under any agreement related to your use of the Services shall immediately terminate. Upon termination, Pet Screening may store and make your data available to you for a period of up to 30 days but reserves the right to delete all of your Pet Information, data, and other information stored on Pet Screening’s servers at any time. Pet Screening will not be liable to you or any third party as a result of the termination of the Services or for any actions taken by Pet Screening pursuant to these Terms as a result of such termination. Without limiting the generality of the foregoing, Pet Screening will not be liable to you or any third party for damages, compensation, or reimbursement relating to your use of the Services, or the termination thereof.

7. Security

You acknowledge and agree that you are solely responsible for protecting your password and other personal information and for the consequences of not protecting such data. Access to our Services and to certain online transactions may involve the use of identification numbers, passwords, payment accounts or other individualized nonpublic information (“Private Documentation”). You shall use your best efforts to prevent unauthorized use of our Services, your account, or of any Private Documentation, and shall promptly report to Pet Screening any suspected unauthorized use or other breach of security. You shall be responsible for any unauthorized use of your account, identification numbers or passwords until we receive written notice of a breach of security and a request to block further access for such numbers and passwords. Pet Screening shall not be liable for any unauthorized use of payment accounts.

8. Disclaimer of Warranty

Actual service coverage, speeds, locations and quality may vary. Pet Screening will attempt to provide the Services at all times, except for limited periods for maintenance and repair. However, the Services may be subject to unavailability for a variety of factors beyond our control including emergencies, third-party service failures, transmission, equipment or network problems or limitations, interference, signal strength, and may be interrupted, limited or curtailed. Delays or omissions may occur. We are not responsible for data, messages or pages lost, not delivered, delayed or misdirected because of interruptions or performance issues with the Services or communications services or networks. We may impose usage or Services limits, suspend the Services, or block certain kinds of usage in our sole discretion to protect users or the Services. The accuracy and timeliness of data received is not guaranteed.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. ALL SITE CONTENT AND THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, NONINFRINGEMENT, AVAILABILITY OR ACCURACY OF INFORMATION. PET SCREENING DOES NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE, WILL MEET YOUR REQUIREMENTS OR WILL OPERATE IN AN UNINTERRUPTED, ERROR-FREE OR COMPLETELY SECURE MANNER OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. PET SCREENING DOES NOT MAKE ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE.

SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR CONDITIONS, OR ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH EVENT, PET SCREENING’S WARRANTIES AND CONDITIONS WITH RESPECT TO THE SERVICES WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW IN SUCH JURISDICTION.

9. Limitation of Liability

UNDER NO CIRCUMSTANCES WILL PET SCREENING, ITS AFFILIATES, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS OR OTHER THIRD PARTY PARTNERS (“PET SCREENING PARTIES”) BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY; INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM LOST PROFITS, LOST DATA, LOSS OF BUSINESS OR BUSINESS INTERRUPTION, WHETHER DIRECT OR INDIRECT, ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY. YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE SERVICES.

A PET SCREENING PARTY’S TOTAL CUMULATIVE LIABILITY SHALL IN NO EVENT EXCEED THE LESSER OF: (A) THE AMOUNT YOU PAID PET SCREENING FOR YOUR USE OF THE SERVICES IN THE PRIOR TWELVE (12) MONTHS; AND (B) THE SUM OF ONE HUNDRED (100) US DOLLARS.

SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY. IN SUCH STATES OR JURISDICTIONS, THE PET SCREENING PARTIES’ LIABILITY TO YOU SHALL BE LIMITED TO THE FULL EXTENT PERMITTED BY LAW.

EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS OF THIS AGREEMENT BETWEEN THE PARTIES. THIS ALLOCATION IS REFLECTED IN THE PRICING OFFERED BY PET SCREENING TO YOU AND IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN SECTIONS 8 AND 9 WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY IN THESE TERMS.

10. Indemnity

You agree to defend, indemnify and hold the Pet Screening Parties harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party arising out of or relating to (i) any violation of these Terms by you; (ii) your Pet Information or any other content or material you submit or otherwise transmit through our Services; (iii) your violation of any rights of another; or (iv) your use of the Services. Pet Screening reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by you.

11. Dispute Resolution

Excluding claims for injunctive or other equitable relief, for any claim where the total amount of the award sought is less than $10,000, either party may elect to resolve the dispute through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution organization mutually agreed upon by the parties. The arbitration shall be conducted by telephone, online or be solely based on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not require any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. Any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction. You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration each party waives any right to a jury trial.

12. Electronic Notices and Disclosures

You acknowledge and agree that Pet Screening may provide notices and other disclosures to you electronically by posting such notices or other disclosures on Pet Screening’s website or by emailing it to you at any email address provided to Pet Screening by you. Such notices or other disclosures shall be considered received by you following the posting on the website or twenty-four (24) hours following the email being sent to you, as applicable. Any such electronic notice or other disclosure shall have the same effect and meaning as if it had been provided to you as a paper copy.

13. Changes to the Terms

We may add to, change or remove any part of these Terms, at any time without prior notice to you other than listing of a later effective date than the one set forth at the top of these Terms. Such modification shall be effective immediately upon posting at the Site. As your next visit to the Site or use of the Services may be governed by different Terms, we encourage you to look for a new effective date on these Terms when you visit the Site or use the Services. It is your responsibility to check these Terms periodically for changes. If we make any material changes to these Terms, we will endeavor to provide registered users with additional notice of any changes, such as at your e-mail address of record or when you log-in to your account.

Your use or continued use of the Services following the posting or notice of any changes to these Terms or any other posted policies shall constitute your acceptance of the changed Terms or policies.

14. Miscellaneous

These Terms, along with any Website Terms of Use, rules, guidelines, or policies published on the Site constitute the entire agreement between Pet Screening and you with respect to your use of our Services. If there is any conflict between the Terms and any other rules or instructions posted on the Site or in connection with the Services, the Terms shall control. No amendment to these Terms by you by shall be effective unless acknowledged in writing by Pet Screening. Notwithstanding the foregoing, Pet Screening reserves the right, in its sole discretion, to modify these Terms or the policies referenced herein at any time as set forth above. These Terms shall be governed by, and construed in accordance with, the laws of the state of North Carolina, without reference to its choice of law rules. Subject to the arbitration provisions above, exclusive venue for any action arising out of or in connection with this agreement shall be in Charlotte, North Carolina. The parties each hereby consent to the jurisdiction and venue in Charlotte, North Carolina and waive any objections to such jurisdiction and venue. Notwithstanding the foregoing, you agree that Pet Screening shall be entitled to apply for injunctive remedies or other equitable relief in any jurisdiction. Subject to any applicable law to the contrary, you agree that any cause of action arising out of or related to the use of our Services must be commenced within one (1) year after the cause of action accrues, or such action will be permanently barred. If any portion of these Terms is found to be unenforceable or invalid for any reason, that provision will be limited or eliminated to the minimum extent necessary so that the rest of these Terms will otherwise remain in full force and effect. You may not assign your rights or obligations under these Terms without the prior written consent of Pet Screening. Pet Screening’s failure to insist upon or enforce any provision of these Terms shall not be construed as a waiver of any provision or right. All headings included in these Terms are included for convenience only, and shall not be considered in interpreting these Terms. These Terms do not limit any rights that Pet Screening may have pursuant to any intellectual property laws or any other laws. All rights and remedies available to Pet Screening, pursuant to this Agreement or otherwise, at law or in equity, are cumulative and not exclusive of any other rights or remedies that may be available to Pet Screening. In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Services, or any other materials issued in connection therewith, or exploitation of the Services or any data or Pet Information or other material used or displayed through the Services. Except as otherwise expressly set forth herein, there shall exist no right of any person, other than you and Pet Screening, to claim a beneficial interest in these Terms or any rights occurring by virtue of these Terms. No independent contractor relationship, partnership, joint venture, employer-employee or franchise relationship is created by these Terms.

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

Pet Screening is committed to accessibility and our policy is to ensure full and equal access to our services to everyone, including people with disabilities. We believe that PetScreening.com adheres to the best practices for compliance with the Americans with Disabilities Act. If you are experiencing difficulty with any content or require assistance with any part of our site, please contact us at support@petscreening.com during normal business hours from 9:00am to 6:00pm EST and we will be happy to assist.