PetGiving, Inc. (“PetGiving”, “we”, “our”, or “us”) is a donation-based crowd-funding tool that helps save at-risk animals and improve the live release rates at municipal shelters across the country.

General Terms

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of PetGiving, including any content, functionality and services offered on or through www.petgiving.org and any applicable subdomains thereof, and through any applications, mobile applications, functionalities, content, materials, or other online services provided by PetGiving (the “Website”).

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use, and our Privacy Policy incorporated herein by reference. If you do not want to agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.

If you are entering into these terms on behalf of a company or other entity, you represent that you are the employee or agent of such company (or other entity) and you have the authority to enter into these terms on behalf of such company (or other entity).

These Terms are subject to change without prior written notice at any time, in PetGiving’s sole and absolute discretion. You waive any right you may have to receive specific notice of such changes and any changes will be effective immediately upon posting the revised Terms. Any changes to these Terms shall supersede and replace prior versions of the Terms and shall apply to all transactions made after the revised Terms become effective. In addition, changes to these Terms shall apply to any unperformed obligations, terms or conditions associated with prior transactions. We recommend that you review these Terms regularly to understand the terms applicable to your transactions and your use of the Website.

Capitalized terms not otherwise defined herein shall have the following meaning:

“Animal Care Provider” means any shelter or rescue organization that partners with us to use our donor-based crowd funding to provide care to animals in urgent need.

“Donor” means any Person that uses the Services to fund or contribute to a crowdfunding campaign organized to provide for pet care.

“Payment Processor” means any third-party payment processing service that we engage in connection with delivering the Services.

Access to the Website

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

This Website is offered and available to users who are 18 years of age or older and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with PetGiving and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

Charitable Donations

All donations are tax-deductible as PetGiving is a not-for-profit tax-exempt 501(c)3 organization, in accordance with IRS standards.

Payment Processing

PetGiving may engage one or more Payment Processors to deliver the services described herein. Animal Care Providers must agree to comply with the PetGiving Terms of Use, and the Terms of Use and/or Terms of Service of the Payment Processor(s). PetGiving currently uses Stripe to process payments. Donors agree to be bound by the PetGiving Terms of Use, and the Terms of Use and/or Terms of Service of the Payment Processor(s). Follow the link for the Stripe Terms of Use and Privacy Policy.

Donors and Animal Care Providers agree to provide accurate and complete information to PetGiving, and authorized PetGiving to share any such information with Payment Processors, as well as transaction information related to your use of the Payment Processors in connection with use of the Website.

By submitting a donation, you represent and warrant that you are authorized to use your selected payment method and authorize us to charge or debit your donation.

In all cases, standard credit card or other third party processing fees may apply. We are not responsible for the performance of any third party credit card processing or third party payment services.

Refund Policy

PetGiving does everything we can to accommodate requests for refunds. We do our best to honor refunds requested for reasons such as input error, when a donor accidentally donates twice or enters the wrong donation amount.

All refund requests are subject to the availability of the donation funds. Because PetGiving forwards donations to the Animal Care Provider that has possession of the animal you chose to donate to, PetGiving will only refund a donation if we still have the funds. For this reason, it is of the utmost importance that you make your request for a refund as soon after donating as possible.

All refunds issued by PetGiving will be credited back to the card used to make the donation. In all cases where we are not able to accommodate a refund request, we will be happy to refer you to the recipient of your donation so that you may request a refund directly from them.

Donor permanently and irrevocably waives any and all rights to enact a “chargeback” (that is, a disputed, reversed or contested charge with the applicable bank, credit card, or charge card) against payments that were made as donations. Any chargeback processed against charges will result in full and complete termination of Donor’s account due to the significant costs involved in administration of managing chargebacks.

Re-designation of Donations

If an animal receives donations and the animal is pulled by a rescue group the funds will go to the rescue group that assumed ownership of the animal. If the animal went into a foster through the shelter's foster program the funds collected for that animal will be sent to the shelter. For animals with donations that have any other outcomes (Adopted, Returned to Owner, Transferred, Died, Euthanized, etc) the funds collected for them will be repurposed for continual lifesaving work of other animals in need at that shelter.

Shelter and Rescue Group Use of Funds

Rescue Groups are approved by the Shelters, not PetGiving. The Shelters and Rescue Groups agree to use the donated funds as intended. PetGiving is not responsible for the use by Shelters or Rescue Groups.

Your Information

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

PetGiving may disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

Posted Information

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties. Any content provided by third parties is solely the opinion and responsibility of the party providing that content. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third party.

Intellectual Property

PetGiving retains all ownership of our intellectual property, including our copyrights, patents, and trademarks.

PetGiving retains ownership of all intellectual property rights of any kind related to the Website and Service, including applicable copyrights, patents, trademarks and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Website and the Service may be the trademarks of other third parties. This Agreement does not transfer from us to you any PetGiving or third party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with us. We reserve all rights that are not expressly granted to you under these Terms of Use.

Specifically, PetGiving, PetGiving.org, and all other trademarks that appear, are displayed, or are used on the Website or as part of the Service are registered or common law trademarks or service marks of Petgiving, Inc. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from PetGiving.

Content Standards

Animal Care Provider and Donor contributions must comply with all applicable federal, state, local, and international laws and regulations. PetGiving may, at its own discretion, remove any content for any or no reason.

The Animal data listed on PetGiving is provided directly by the Shelter.

PetGiving may terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Website Changes

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Links to the Website

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. We will not be liable for any loss or damage cause by a distributed denial-of-service-attack, viruses or other technologically harmful material that may your computer, computer programs, data or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.

Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content and any services or items obtained through the Website are provided on an “As Is” and “As Available” basis, without any warranties of any kind, either express or implied. Neither PetGiving or any person associated with PetGiving makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy or availability of the Website. Without limiting the foregoing, neither PetGiving nor anyone associated with PetGiving represents or warrants that the Website, its content or any services or items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our site or the server that makes it available are free of viruses or other harmful components or that that the Website or any services or items obtained through the Website will otherwise meet your needs or expectations.

PetGiving hereby disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including by not limited to any warranties of merchantability, non-infringement and fitness for particular purpose.

The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.

Limitation on Liability

In no event will PetGiving, its affiliates or its licensors, service providers, employees, agents, officers or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use or inability to use the Website, any websites linked to it, any content on the Website or such other websites or any services of items, including any direct, indirect, special, incidental, consequential or punitive damages, including but no limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

Indemnification

You agree to defend, indemnify and hold harmless PetGiving, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

Force Majeure

PetGiving will not be responsible for any failure to perform or delay attributable in whole or in part to any cause beyond its reasonable control, including but not limited to, acts of God (fire, storm, floods, earthquakes, etc.), civil disturbances, disruption of telecommunications, disruption of power or other essential service, interruption or termination of service by any service providers being used by PetGiving, the Internet, labor disturbances, vandalism, cable disruption, computer viruses or other similar occurrences, or any malicious or unlawful acts of any third party.

Governing Law and Jurisdiction

These Terms will be governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without resort to its conflict of law provisions. The parties agree that any action at law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in Harris County, Texas and the parties hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.

Severability

If any provision of these Terms is held to be invalid or unenforceable, the provision shall be modified and interpreted so as best to accomplish the objective of the original provision as permitted by law, and the remaining provisions shall remain in full force and effect.

Entire Agreement

The Terms of Use and Privacy Policy, including anything incorporated therein constitute the sole and entire agreement between you and PetGiving.

Questions and Inquiries

If you have any questions about this Terms of Service please contact us.