Welcome to Petoodle, the newest form of rescue animal fundraising. If you do not agree to the following terms and conditions of this Website (the “Site” or Website”), please do not use this Website. Please read carefully, as any use of this Site constitutes your acceptance of the Terms and Conditions set out herein. We reserve the right, at our sole discretion, to change or modify portions of these Terms and Conditions at any time. Your continued use of our Services (“Services”) after the date of any such changes constitutes your acceptance of the latest version of the Terms and Conditions. You may discontinue your use of the Website if you do not wish to accept the latest Terms and Conditions. Throughout this Site, the terms “we”, “us”, “our” and “Petoodle” refer to Petoodle, LLC. The terms, including but not limited to, “you”, “animal welfare organization(s)”, (including AWO, AWOs, shelter, rescue, foster, humane society, advocacy, advocacy group and sanctuary), Donor (one-time donation)(“Donor”), Sponsor (recurring monthly Donations)(“Sponsor”), “recipient”, “user”, and “member”, “their” refers to any person accessing and/or using the Website provided. In participating in our Services, you will also be subject to our Privacy Policy and Petoodle Guarantee.
GENERAL PROVISIONS:
Petoodle Services: Petoodle is an online Website designed to connect with Donors to facilitate fundraising for animal welfare organizations, animal shelters, rescue organizations, sanctuaries, animal advocacies and other similar entities involved in the rehabilitation, protection and/or care of domestic and/or wild animals throughout the United States. The Petoodle Website is offered to allow non-profit organizations, 501(c)3 designated charities, to create a Posting ("Posting") on the Website to accept one-time and recurring monthly monetary Donations ("Donations") from Donors/Sponsors ("Donors"). The animal welfare organization Posting on the Website must be a designated non-profit organization, 501(c)(3), or other organization raising funds for a charitable purpose as established under the applicable laws of incorporation (“charities”). Animal welfare organizations must be located in the United States and must not be for profit, must not be a breeder, must not show or otherwise keep animals for hobby purposes, and must not be involved in any activity involving selling or trading an animal for profit.
Limitation of liability: Petoodle and/or any other party involved in the creating, producing or delivering this Website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to , use, inability to use, change in content of this Website or arising from any other Website you access through a link from this Website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us. Our Services are administrative platforms only. Petoodle facilitates the Postings of animal welfare organizations and permits Donors to make Donations to these organizations. Petoodle is not a broker, agent, financial institution, creditor or 501(c)(3) nonprofit corporation.
All information and content provided by Petoodle relating to our Services is for informational purposes only, and Petoodle does not guarantee the accuracy, completeness, timeliness or reliability of any such information or content. No content is intended to provide financial, legal, tax or other professional advice. Before making any decisions regarding any Postings, charities, Donations, Donors, or any information or content relating to our Services, you should consult your financial, legal, tax or other professional advisor as appropriate. You acknowledge that all information and content accessed by you on our Website is at your own risk.
Petoodle shall have no responsibility to maintain the material and Services made available on this Website or to supply any corrections, updates, or releases in connection therewith. Any material on this Website is subject to change without notice.
To the maximum extent allowed by applicable law, you expressly waive all claims against Petoodle, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this Website.
No Solicitation: The Petoodle Platform is offered to help animal welfare organizations raise monetary Donations. Petoodle merely provides the technology allowing animal welfare organizations to connect with Donors. Petoodle does not engage in any solicitation activities or consult on the solicitation of contributions from the public, on behalf of any individual or organization. By using our Website, you understand and agree that Petoodle shall not be responsible for the use of your Donations or the amount of funds raised for any organization.
User generated content: User-generated websites include information and content generated from a wide variety of sources. Users should understand that user-generated websites are a place to review and share information — but the information has not been verified for accuracy and does not represent the opinions or positions of Petoodle. Petoodle has no control over the conduct of, or any information provided by, a user and hereby disclaims all liability in this regard to the fullest extent permitted by applicable law. We do not guarantee that a Posting will generate Donations. We do not endorse any Posting, user, or cause and we make no guarantee, expressed or implied, that any information provided on our Website is accurate. We expressly disclaim any liability or responsibility for the outcomes, success or failure of any Posting. A Donor must make the final determination of whether or not to contribute to any organization or Posting. In addition, Petoodle hereby disclaims all liability to the fullest extent permitted by applicable law in the event a Donor or any other user should in any way physically or mentally threaten, harass, harm, intimidate or inflict bodily harm or death to an animal welfare organization’s employees, family, friends, volunteers, fosters, property, vehicles and/or animals. It is completely at the animal welfare organization’s discretion to include their place of business and/or contact information in their Posting on Petoodle. Animal welfare organizations further acknowledge Petoodle has no control over the animal welfare organizations other marketing campaigns including but not limited to social media Postings, Websites, advertising, etc. where Donors can initiate contact and/or learn physical location.
By submitting, Posting, or displaying any materials on or through user-generated websites, you automatically grant Petoodle a worldwide, non-exclusive, royalty-free, irrevocable license to publicly display or re-display such materials on the user-generated websites and in all other forms of media (including, without limitation, e-mail blasts and mobile or text messages or applications) that are used by Petoodle or its agents in connection with the promotion, marketing, use, or expansion of any user-generated websites.
We reserve the right to modify or terminate any user-generated website or service for any reason, and without notice, without liability to you, any other member, or any Third-Party. We also reserve the right to modify these terms and conditions for user-generated content from time to time without notice. You are responsible for regularly reviewing these terms and conditions so that you will be apprised of any changes.
Examples of illegal or unauthorized uses include, but are not limited to:
While Petoodle prohibits such conduct and content on it’s Services, you understand and agree that you nonetheless may be exposed to such materials and that you use our Services at your own risk.
Third-Party Material: Under no circumstances will Petoodle be liable for any loss, damage or any other harm for any content or materials of any Third-Parties (“Third-Party”) used on or through our Services. You acknowledge that Petoodle does not pre-screen content, but that Petoodle and its designees will have the right (but not the obligation) in their sole discretion to refuse, remove, or allow any content at any time and for any reason, with or without notice, and without any liability to you or to any Third-Party for any claims, damages, costs or losses resulting therefrom.
Third-Party Websites/Services: Petoodle has no control over Third-Party entities who may provide resources, products, services or content on our Site. A Third-Party may provide links, tools, widgets or other features that allow you to access other sites, services and resources provided by those Third-Parties. Any dealings you have with a Third-Party while using our Services are between you and the Third-Party and may be subject to additional terms provided by the Third-Party, which you agree to by using such Third-Party links, tools, widgets or other features. Petoodle is not responsible for and does not endorse the business practices of the Third-Party Services or content. You acknowledge that Petoodle is not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such Third-Party content. You further acknowledge and agree that Petoodle will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, events, goods or Services available on or through any such Third-Party content.
Third-Party Communications: Petoodle reserves the right to collect Third-Party data. You acknowledge and agree that you have the authority of any relevant Third-Party (such as to refer a Third-Party to the Services or to communicate with them regarding a Posting or a Donation) for us to access and use the relevant Third-Party data and that you have notified these Third-Parties and informed them how their information is collected and used by Petoodle to provide the Services. We reserve the right to identify you as the person who has made the referral in any messages that are sent to them.
Submissions to this Site: Any non-personal communication or material you submit to this Website by electronic mail, upload, or otherwise, including any data, questions, comments, suggestions or the like (“submissions”) are, and will be treated as, non-confidential and non-proprietary. Anything you submit or post becomes the property of Petoodle and Petoodle may use and reproduce such submission freely, and for any purpose. Specifically, Petoodle is free to use for any purposes any ideas, artwork, inventions, developments, suggestions or concepts contained in any submission you send to this Website. Such use shall not include advertising targeted to breeders. Any such use is without compensation to the party submitting information. By making a submission, you are also warrant that you own the material/content submitted, that it is not defamatory and that Petoodle's use will not violate any Third-Party’s rights or otherwise place us in breach of any applicable laws. Petoodle is under no obligation to use the information submitted.
Member Account, Password and Security: As part of the registration process, you will be asked to select a username and password and you will be responsible for all activities occurring under your username and for keeping your password secure. We may refuse to grant you a username that impersonates someone else, is or may be protected by trademark or proprietary rights law, or is vulgar, offensive or otherwise inappropriate, as determined by us in our sole discretion. You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to immediately notify Petoodle of any unauthorized use of your password or account or any other breach of security. You further agree to sign out from your account at the end of each session on the Website. Petoodle will not be liable for any loss or damage arising from your failure to comply with this section.
Modifications to Services: Petoodle reserves the right to modify, suspend or discontinue, temporarily or permanently, the Services (or any part thereof) at any time and for any reason, with or without notice, and without any liability to you or to any Third-Party for any claims, damages, costs, or losses resulting therefrom.
Public nature of the internet: We urge you to think carefully about including any specific information you may deem private in content that you create or information that you share on our Website. Please remember some of the content you Post is public such as descriptions, information about your organization and/or animals, photos, videos, images, trademarks, logos, or other materials you upload or Post on our Website to share with other users or recipients (“User Content”). In addition, user profile information, including your organization’s name, zip code, and, should you provide it, animal details/storylines, email address, personal biography, organization biography/mission, animal biography, and other information you enter in connection with your user profile. For example, as an animal welfare organization, you might Post an animal’s data - such as a foster parent’s location - which might be considered sensitive data. Please remember that if you choose to provide information using certain public features of our Website, then that information may be publicly available. Individuals reading such information may use or disclose it to other individuals or entities without our knowledge and without your knowledge, and search engines may index that information. Please see our Privacy Policy for information on the ways that we may collect, use, and store certain information about you and your use of the Services.
Unsolicited Information: We also collect information through customer support communications, your communications to us may include ideas for new products or modifications to existing products, and other unsolicited submissions, or any questions, comments, suggestions, ideas, feedback or other information about the Website (“Unsolicited Information”). By sending us Unsolicited Information,
You acknowledge and agree that Petoodle may preserve Unsolicited Information, as well as User Content, and may also disclose your Unsolicited Information in the good-faith belief that such preservation or disclosure is reasonably necessary.
Data Retention: You acknowledge that Petoodle has no obligation to you to retain data relating to any account or Posting. You acknowledge that Petoodle reserves the right to delete data or to terminate accounts or Postings at any time and for any reason, with or without notice, and without any liability to you or to any Third-Party for any claims, damages, costs or losses resulting therefrom.
Mobile Services: If Petoodle permits or makes available to you the ability to:
You may be given the option to register to receive commercial messages from Petoodle via your mobile device. You understand that you may be charged by your wireless service provider in connection with the receipt of such messages. You may “opt out” of receiving future messages by following the instructions provided;
Prohibited Conduct: You are solely responsible for compliance with all applicable law in relation to your Posting or use of our Services. You are further solely responsible for all User Content that you upload, Post, publish, display, transmit or otherwise use. You agree to fully cooperate with any request we make for evidence we deem necessary to verify your compliance with these Terms and Conditions. We reserve the right to remove any Posting and/or investigate any user, organization and/or Third-Party who, in our sole discretion, violates any of the terms of these Terms and Conditions. We further reserve the right, without limitation, to ban, disable, remove, suspend or terminate your use of our Services. We also reserve the right to stop payments to any such Posting, freeze or place a hold on Donations, and otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
The following are examples of User Content and/or use that is illegal or prohibited by Petoodle. This list is not exhaustive, and we reserve the right to remove any Posting and/or investigate any organization who, in our sole discretion, violates any of the terms or spirit of these Terms and Conditions. We further reserve the right, without limitation, to ban, disable, remove, suspend or terminate your use of our Services. We also reserve the right to stop payments to any such Posting, freeze or place a hold on Donations, and otherwise take appropriate legal action including seeking restitution on behalf of ourselves and/or our users.
Without limiting the foregoing, the following are prohibited:
Additionally, with respect to all Donations you make or accept through our Services, you agree:
Petoodle Widget: Each Petoodle Widget is a software tool that you may place on your Website to permit your visitors to access our Services. Subject to your compliance with these Terms, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, revocable license to use and display the Petoodle Widget on your Website for your own personal or internal business purposes. We reserve the right to discontinue providing any Petoodle Widget at any time, or to direct you to cease displaying, or otherwise using, any Petoodle Widget for any or no reason, without liability to you or any Third-Party. You may not use the Petoodle Widget for any other purpose without our prior written consent, and nothing in the Terms shall be deemed to grant you any right, title or interest in the Petoodle Widget.
Services Content, Software and Trademarks: You acknowledge and agree that the Petoodle Website, name and logo are protected by copyright and trademark. You agree not to modify, copy, rent, lease, loan, sell, distribute or create derivative works based on our protected material. You further agree not to engage in or use any data mining, spiders, robots, scraping or similar data gathering or extraction methods. The technology and software underlying our Services are the property of Petoodle, our affiliates and our partners. You agree not to copy, modify, or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Petoodle.
Children's Privacy: We are committed to protecting the privacy of children. Our content and/or Postings are not intended or designed to attract children under the age of 13. We do not collect personally identifiable information from any person we have actual knowledge is under the age of 13.
Copyright infringement notification: Petoodle is committed to complying with U.S. copyright law and to respond to claims of copyright infringement. Petoodle 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 this Site in the manner described below:
By Mail:
Petoodle, ATTN: Legal Department, DMCA Copyright Notices, 1117 Oxbridge Ln., Ormond Beach, FL 32174
By Email:
info@petoodle.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:
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 attorneys’ fees.
Links to other Websites: Links on our Website may take you outside the Petoodle network and systems and Petoodle accepts no responsibility for the content, accuracy or function of these other Third-Party Websites. The links are provided in good faith and Petoodle cannot be held responsible for any subsequent change in other Third-Party Websites to which we provide a link. The inclusion of any link to other Websites does not imply endorsement by Petoodle. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other Websites that you visit.
Indemnity and Release: You agree to release, indemnify on demand and hold Petoodle and its affiliates and their officers, employees, directors and agents harmless from any and all losses, damages, expenses, including reasonable attorneys' fees, costs, awards, fines, damages, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of our Services, any Donation or Posting including it’s content, your connection to the Services, your violation of these Terms and Conditions or your violation of any rights of another. You agree that Petoodle has the right to conduct its own defense of any claims at its own discretion, and that you will indemnify Petoodle for the costs of its defense (including, but not limited to attorney’s fees.) If you are a California resident, you waive California Civil Code Section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release, and that if known by him or her would have materially affected his or her settlement with the debtor or released party." If you are a resident of another jurisdiction—in or outside of the United States—you waive any comparable statute or doctrine.
Warranties: THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, CONSEQUENTLY, PETOODLE MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE) INCLUDING WARRANTIES OR REPRESENTATIONS THAT MATERIAL ON THIS WEBSITE WILL BE COMPLETE, ACCURATE, RELIABLE, TIMELY, NON-INFRINGING TO THIRD-PARTIES, THAT ACCESS TO THIS WEBSITE WILL BE UN-INTERRUPTED OR ERROR-FREE OR FREE FROM VIRUSES, THAT THIS WEBSITE WILL BE SECURE, THAT ANY ADVICE OR OPINION OBTAINED FROM PETOODLE THROUGH THIS WEBSITE IS ACCURATE OR TO BE RELIED UPON AND ANY REPRESENTATIONS OR WARRANTIES THERETO ARE ACCORDINGLY EXPRESSLY DISCLAIMED.
Please note that some jurisdictions may not allow exclusions of implied warranties, so some of these exclusions may not apply to you. Please check your local laws.
We reserve the right to restrict, suspend or terminate without notice your access to this Website or any feature of this Website or any feature or part thereof at any time.
Disputes: YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US OR ANY OF OUR OFFICERS, DIRECTORS OR EMPLOYEES ACTING IN THEIR CAPACITY AS SUCH (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD-PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THESE TERMS AND CONDITIONS, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING OUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
Termination: You agree that Petoodle, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any User Content or data at any time and for any reason, with or without notice, and without any liability to you or to any Third-Party for any claims, damages, costs or losses resulting therefrom.
Animal Health, Fitness and Nutrition: This Site may from time to time contain information relating to nutrition and various medical, health and fitness conditions of animals and their treatment. This is for informational purposes only and is not meant to be a substitute for the advice provided by your own veterinarian or other veterinary professional. You should not use the information contained herein for diagnosing a pet’s health or fitness problem or disease. You should always consult your own veterinarian and/or veterinary advisors. You agree that Petoodle, in its sole discretion, may suspend or terminate your account (or any part thereof) or your access to the Services and remove and discard any content or data at any time and for any reason, with or without notice, and without any liability to you or to any Third-Party for any claims, damages, costs or losses resulting therefrom.
Linking Policy: Petoodle grants a nonexclusive, limited permission (“permission”) to display the Trademarks contained in the Petoodle domain name and logo to the owner(s) of any web sites (“owner”) that would like to develop a link between their site and the corresponding website owned by Petoodle. No changes or modifications to the Petoodle domain name or logo may be made. The materials on owner’s site shall not imply any association with or relation to Petoodle or imply in any way that any materials from Petoodle are maintained within owner’s website. Use of the Petoodle domain name or logo for purposes other than linking to the Petoodle Site is expressly forbidden. Our domain name and logo must not be used or associated with any obscene, scandalous, inflammatory, pornographic, indecent, profane, defamatory or unlawful site or materials in any way, or in any manner that would adversely affect the name, reputation and goodwill of Petoodle and its products. Petoodle retains and reserves all rights in and to Petoodle's trade name, trademarks, copyrights and all other intellectual property with respect to its domain name and logo. Petoodle reserves the right to cancel this permission at any time and for any reason. Upon receipt of such notification, use of the domain name and/or logo must cease and the link between the web sites must terminate. Use of Petoodle trademarks, trade names, logos, copyrighted material or any other intellectual property of Petoodle for any purpose not stated herein is expressly forbidden.
All materials are provided “”AS IS,”” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the foregoing exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Petoodle shall not be responsible for any loss, damage, liability or expense that may accompany or result from your use of links, domain name or logo, including but not limited to any computer virus; technical, hardware or software failures of any kind; lost or unavailable network connections; or failed, incomplete, garbled or delayed computer transmissions. The granting of this permission does not indicate nor should it be construed in any way to represent an endorsement by Petoodle of any materials on a web site containing a Petoodle domain name, brand name or logo or any other Petoodle intellectual property.
Petoodle controls and operates its web Sites from the company’s headquarters in the United States of America. Petoodle in no way implies that the domain names, brand names or logos are appropriate or available for use outside of the United States. If you use our materials from locations outside of the United States, you are responsible for compliance with any applicable laws.
Petoodle may at any time revise this linking policy. You are bound by any such revisions and should therefore periodically visit this page to review the then-current linking policy to which you are bound. The display of Petoodle domain name or logo on the web site indicates the agreement by the web Site owner to the foregoing terms and conditions.
Disputes between users: You agree that you are solely responsible for your interactions with any other user in connection with our Services and Petoodle will have no liability or responsibility with respect thereto. Petoodle reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.
Jurisdiction and governing law: These Terms and Conditions constitute the entire agreement between you and Petoodle and govern your use of the Services. You also may be subject to additional Terms and Conditions that may apply when you use affiliate or Third-Party Services, Third-Party content or Third-Party software. This Website is located in and operated from the United States of America. Your use and access to this Website will be governed by the laws of the United States. For information regarding how we treat data collection and the transfer of personally identifiable information from countries or jurisdictions outside the US, please review our Privacy Policy.
You and Petoodle agree that any controversy or claim arising from or pertaining to the use of this Website shall be governed by the laws of the State of Florida, United States of America, and be submitted to the exclusive jurisdiction of the courts of Volusia County, State of Florida, United States of America.
We reserve the right to make any changes and corrections to this notice at any time. Please refer to this page from time to time to review any new or updated information.
Privacy Policy: Any personal information or material sent to this Website are subject to the terms and conditions set out in our Privacy Policy. We encourage you to read and refer to it before you submit any personal information to this Site. The Privacy Policy is a part of these terms and conditions. By using the Services, you consent to our collection and use of personal data as outlined therein.
ANIMAL WELFARE ORGANIZATIONS:
Payment Processor Fees: There is no charge to an animal welfare organization to create a Post on Petoodle. Fees associated with a donation will be charged to the Donor.
Information accuracy: We are not responsible if the information that we make available on this Website is not accurate or complete. Any reliance upon the material on this Website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this Website.
Animal welfare responsibility: You, as the originator of a Post, represent, warrant, and covenant that
Your Registration Obligations: You are required to register with Petoodle in order to access and use certain features of our Services. If you choose to register for our Services, you agree to provide and maintain true, accurate, current and complete information about yourself and/or your organization as prompted by the Website's registration form. Animal welfare organizations must register using their true identities (or the identities of the authorized representative(s) of your organization, if applicable), including their name, address and any image or video. You agree to keep registration information current and up to date. Registration data and certain other information about you are governed by these Terms and Conditions and our Privacy Policy. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under the age of 18, you may use the Services, with or without registering, only with the approval of your parent or guardian. Certain aspects of our Services may also require you to register with, and agree to the terms of, Third-Party service providers (e.g., Payment Processors), with whom Petoodle has entered into contracts, in order to be able to benefit from their Services. If Petoodle or one of our Payment Processors at any time discovers that the information you provided about you or the purpose of your Posting is incorrect or violates any of these Terms and Conditions or their Terms and Conditions, our Services may be suspended and/or terminated with immediate effect and fines may be applied by the relevant authorities which will in all such cases be payable by you. You acknowledge and agree that the use of Third-Party Payment Processors are integral to our Services and that we exchange information with such Third-Parties in order to facilitate the provision of our Services as set out in our Privacy Policy.
Verification of non-profit status: You acknowledge that our registration process utilizes GuideStar USA, Inc., a Third-Party licensor to verify and confirm your status as a registered 501(3)c charity. You acknowledge and agree that GuideStar USA, Inc. (and its successors and assigns) is an intended Third-Party recipient with full power and authority to enforce the provisions of these Terms only insofar as it relates to data provided by GuideStar USA, Inc. You agree that Petoodle may share any information provided by you with GuideStar USA, Inc. to the extent that GuideStar USA, Inc. reasonably needs such data to enforce its rights related to your use of any GuideStar USA, Inc. data.
Searchable Database: Upon registration on our Website and completion of certain applicable information, animal welfare organizations will be added to the searchable animal welfare directory. If you are the authorized representative of an animal welfare organization, and you do not wish for your organization’s information to appear in the searchable database, you may contact us at info@petoodle.com to request that your organization’s information be removed from our database. Your email should include your full name, title, and an email address and phone number associated with your organization.
Ownership of Donor Lists and Data: Animal welfare organizations may request a Donor Lista ( list of all Donors who Donated to an organization) and Donor data for compliance and transactional purposes. Donor data shall mean a Donor’s name, address, email address, donation amount, date of transaction, transaction identification number, name of the project, and event associated with the Donation. THE LIST OF DONORS WHO CONTRIBUTE TO A POSTING ENTITY'S POSTING THROUGH THE SERVICES (“LIST OF DONORS”) ARE PROVIDED “AS IS”, AND PETOODLE MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES ABOUT THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY DONOR LIST OR ANY INFORMATION CONTAINED THEREIN. By using these Services, all Donors consent to the disclosure of such Donor Lists and Donor Data described in this Section.
Taxes: It is your responsibility to determine what, if any, taxes apply to the Donations you receive through your use of our Services. It is solely your responsibility to assess, collect, report or remit the correct tax, if any, to the appropriate tax authority.
SPONSORS/DONORS:
Donors: All Donations are at your own risk. When you make a Donation through our Services, it is your responsibility to understand how your money will be used. Petoodle is not responsible for any offers, promises, rewards or promotions made or offered by users or made through Postings. We do not and cannot verify the information that users or Postings supply, nor do we represent or guarantee that the Donations will be used in accordance with any fundraising purpose described by a user or Posting or in accordance with applicable laws. If you have reason to believe that a user or Posting is not raising or using the funds for their stated purpose, please “Contact Us” to alert our team of this potential issue and we will investigate. Specific detailed information such as dates, location, names, description of alleged offense, etc. are required. As a Donor, you may also be covered by the Petoodle Guarantee.
Prohibited conduct by Donors: Donors are not permitted to impose restrictions on the use of Donations by an animal welfare organization. If you have made a Donation and feel the funds were not used appropriately, please contact us.
Donations: You, as a Donor, whether on a one-time or recurring basis, represent and warrant to Petoodle that your method of payment (credit card, bank card or any other method of payment) is valid and that you are authorized to use the applicable payment method. You agree that all Donations are final and will not be refunded unless Petoodle, in its sole discretion, agrees to issue a refund, for example in accordance with the Petoodle Guarantee. Petoodle uses Third-Party payment processing partners to facilitate your transaction. Donors agree to the processing, use, transfer or disclosure of data by our Payment Processors pursuant to any and all applicable terms set forth by our payment partners (currently, Stripe, Inc.), in addition to these Terms and Conditions, Stripe’s Terms and Conditions apply.
Recurring Donations: Donors have the option to contribute on a recurring monthly basis (“recurring Donations”) which would qualify them as a Sponsor. Should you select to contribute as a Sponsor, i.e. on a recurring basis, you hereby acknowledge that recurring Donations automatically renew until you opt out of the auto-renewal of the recurring donation. Any recurring donation you have signed up for will be automatically extended for successive monthly renewal periods. In connection with each of your recurring Donations, you hereby;
DONATIONS, TAXES AND FEES:
Payment Processor (“Payment Processor”): It is not Petoodle’s policy to hold, deposit, accept, transfer or otherwise handle Donations. 100% of all Donations are paid directly to the animal welfare organization via our Third-Party Payment Processor partner. Petoodle uses a Payment Processor to process Donations generated by Postings by collecting relevant information such as bank account information and credit card details, etc. to facilitate the transfer of funds. In order to withdraw funds generated from Posting(s), an organization will be required to provide the Payment Processor information regarding their bank account. You acknowledge and agree that the use of Payment Processors are integral to our Services and that we exchange information with Payment Processors in order to facilitate our Services. By setting up a Posting, the animal welfare organization agrees to the processing, use, transfer or disclosure of data by the Payment Processors pursuant to any and all applicable terms set forth by the applicable Payment Processors (currently Stripe, Inc.) in addition to these Terms and Conditions, including, Stripe’s Terms and Conditions, Stripe's Connected Account Agreement.
As an animal welfare organization, you will be required to setup an account with the applicable 3rd party Payment Processor. As a Donor, your credit card information and billing information will be securely transmitted to our Payment Processor and all of the above Terms and Conditions apply (Petoodle’s and Payment Processor’s). Donors shall provide Petoodle and/or 3rd part Payment Processor with such information as is required to enable the issuing of an official donation receipt, if applicable. Donor acknowledges and agrees that, in accordance with the Privacy Policy, certain of Donor’s personal information will be shared with the animal welfare organization to which such Donor makes a donation (including without limitation as part of a Donors List) and may be used by such organization in accordance with that organization’s privacy policy. Petoodle is not responsible, and shall not be liable, for any organization’s use of any Donor information.
Payment Processor Fees: There is no charge to an animal welfare organization to create an account or a Posting on Petoodle. However, industry-standard Payment Processor Fees apply (hereinafter and on the Website referred to as "Payment Processor Fees"). In keeping with Petoodle’s promise of 100% Donations paid to Animal Welfare Organizations, Payment Processor Fees will be added to the Donor’s total at checkout. Current Payment Processor Fees are 2.9% of the donation amount + $.30 per each transaction. Fees may change without notice based on Third -Party Payment Processor pricing. Should you donate to multiple Postings in a single transaction, the $.30 will only be charged one time. For animal welfare organizations, Payment Processor’s may or may not charge a fee to withdraw funds. Please refer to your agreement with the Payment Processor.
Transaction Fee: A transaction fee of $2.99 will be charged to each transaction. The transaction fee is in place to help ensure the Petoodle Services remain free of charge to animal welfare organizations. Keeping with our promise of 100% of Donations going directly to the animal welfare organizations, the transaction fee will be added to the Donor’s total at checkout. Should you donate to multiple Postings in a single transaction, the transaction fee is charged only once.
Chargebacks and Refunds: Donations are non-refundable. Occasionally, a Donor may dispute a credit card charge for a donation through our Services. All disputes will be handled according to our Third-Party Payment Processor’s policies. The applicable animal welfare organization expressly agrees that it will be responsible for paying Payment Processor the full amount of any donation refund due to a Donor.
Taxes: Petoodle does not withhold funds for tax purposes or otherwise and will not be held liable for any tax consequences to an animal welfare organization or Donor in any circumstance. Animal welfare organizations and Donors will be solely responsible for any and all applicable taxable/tax exemption status based on applicable, federal, state, local or any other taxes or levies, or for any applicable taxes based on their net income or gross receipts (if any).
Account Holds: From time to time, Petoodle may, in its sole discretion, place a hold on a organization (a "hold"), restricting withdrawals (defined herein as the transfer of funds to an animal welfare organization), secure reserves, or take similar actions to protect its interests and those of its users. Some of the reasons that we may take such actions include, but aren’t limited to, such actions as shown in the Prohibited Conduct section above. If you have questions about a hold we may have placed on your account or need information about how to resolve the hold, please Contact us.
Withdrawing Donations from a Posting: While Petoodle strives to make withdrawals available to you promptly, you acknowledge and agree that withdrawals may not be available to you immediately. Further, Petoodle does not guarantee that withdrawals will be available to you within any specific time frame, and Petoodle expressly disclaims any and all responsibility for any delay or inability to access and use withdrawals at any specified time, and any consequences arising from such delay or inability. You, as an animal welfare organization, are responsible for ensuring that the information you provide to Petoodle in order to process a withdrawal, including your bank account information, is accurate and up to date.
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