Welcome to our E-PetsOnline User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at http://legacy.pbtmarketplace.com. If you have any questions, please refer to our User Agreement Frequently Asked Questions. We may amend this Agreement at any time by posting the amended terms on our site. Except as states below, all amended terms shall automatically be effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in writing signed by you and E-PetsOnline. This agreement is effective for all registered users.
1. Membership Eligibility: Our services are available only to individuals who can form legally binding contracts under applicable law, including but not limited to various state and federal agricultural regulations. Without limiting the foregoing, our services are not available to minors or to temporarily or indefinitely suspended E-PetsOnline members. If you do not qualify, please do not use our services. Further, your E-PetsOnline account (including feedback) and User Id may not be transferred or sold to another party.
2. Fees and Services: Joining and bidding on items at E-PetsOnline is free. Our Fees and Credit policy is available. We may change our Fees and Credits policy and the fees for our service from time to time. Our changes to the policy are effective after we provide you with at least fourteen (14) days' notice of the changes by posting the changes on the site. However, we may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days). When you list an item you have an opportunity to review and accept the fees that you will be charged for the use of our listing services. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
3. E-PetsOnline is a Venue:
3.1 Online Auctions: Although we are commonly referred to as an online auction web site, it is important to realize that we are not an "auctioneer" or auction service. Instead, we provide advertisements that are continuously updated as an internet newspaper. More specifically, our site acts as a venue to allow approved members to offer, sell, and buy at anytime, from anywhere, in a variety of formats, including a fixed price format and an auction-style format commonly referred to as an "online auction". We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot ensure that a buyer or seller will actually complete a transaction.
3.2 Safe Trading: Because user authentication on the Internet is difficult, E-PetsOnline cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing. We also encourage you to communicate directly with potential trading partners through the tools available on our site. You may also wish to consider using a third party escrow service or services that provide additional user verification.
3.3 Release: Because we are not involved in the actual transaction between buyers and sellers, in the event that you have a dispute with one or more users, you release E-PetsOnline (and our officers, directors, agents, subsidiaries and employees) from any and all claims, demand and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information control: We do not control the information provided by other users which is made available through our system. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons or people acting under false pretense.
4. Bidding and Buying: You are obligated to complete the transaction with the seller if you purchase an item through one of our fixed price formats or are the highest bidder as described below. If you are the highest bidder at the end of an auction (meeting the applicable minimum bid or reserve requirements) and your bid is accepted by the seller, you are obligated to complete the transaction with the seller, unless the transaction is prohibited by law or by this Agreement. Bids are not retractable except in exceptional circumstances such as when the seller materially changes the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity.
5. Listing and Selling:
5.1 Listing Description: You must be legally able to sell the item(s) you list for sale on our site. You must describe your item and all terms of sale on the listing page of our site. Your listing may only include text description, pictures and other content relevant to the sale of that item. All listed items must be listed in an appropriate category. Removed line
5.2 Binding Bids: If you receive at least one bid at or above your stated minimum price (or in the case of reserve auctions, at or above the reserve price), you are obligated to complete the transaction with the highest bidder upon the auction's completion, unless an exception is granted by the Buyer or E-PetsOnline.
5.3 Fraud: Without limiting any other remedies, E-PetsOnline may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with our site.
5.4 Manipulation: Neither you, bidders nor sellers may manipulate the price of any item nor may you interfere with other user's listings or auctions.
6. Your Information:
6.1 Definition: "Your Information" is defined as any information you provide to us or other users in the registration, bidding or listing process, in any public message area (including the feedback area) or through any email feature. You are solely responsible for your information, and we act as a passive conduit for your online distribution and publication of your information.
6.2 Restrictions: Your Information (or any items listed):
(a) shall not be false, inaccurate or misleading;
(b) shall not be fraudulent or involve the sale of counterfeit or stolen items,
(c) shall not violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising);
(d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing;
(e) shall not contain any viruses, Trojan horses, worms, time bombs cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
(f) shall not create liability for us or cause us to lose (in whole or in part) the service of our ISPs or other suppliers; and
(g) shall not link directly or indirectly to or include descriptions of goods or services that
(aa) are prohibited under this agreement;
(bb) are identical to other items you have up for auction but are priced lower than your item's reserve or minimum bid amount;
(cc) are concurrently listed for sale on a web site other than E-PetsOnline (this does not prevent linking to or advertising an E-PetsOnline item from another web site); or
(dd) you do not have a right to link to or include. Furthermore, you may not list any item on our site (or consummate any transaction that was initiated using our service) that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6.4 Users agree that all information related to other users of and from E-PetsOnline, including but not limited to, user names, addresses, e-mail addresses, phone numbers, processes, functions etc, are proprietary and confidential. It is the property of E-PetsOnline and cannot be used in any manner without the written consent of E-PetsOnline's board of directors.
(a) Users shall not, directly or indirectly, use information received from doing business with E-PetsOnline to compete with E-PetsOnline in the operation of any similar web sites or deal directly with other users and bypass use of the site. Indirect competition shall be deemed to include any position or relationship as a shareholder, partner, officer, agent, employee, or in any other capacity. However, Users retains the right to conduct business privately with Users’ existing customer base, provided that the user provides information and proof of the previous existing relationship to E-PetsOnline within 14 days of accepting this user agreement.
(b) Users agree and recognizes that E-PetsOnline will suffer irreparable harm if the Users should violate the agreement set forth herein, and further agree that it would be difficult, if not impossible, to compute the damage to E-PetsOnline as a result of such breaches, and that, therefore, E-PetsOnline is without adequate legal remedy in the event of such breach, and that E-PetsOnline would be entitled to lost site fees plus injunctive relief against any existing or threatened breach as well as to damages sustained and the recovery of reasonable attorney fees.
(c) Users further agree that during the five (5) year period immediately following the cessation of services to Users, Users shall not utilize or disclose any information pertaining to or utilized by Users.
(d) It is further agreed and recognized by Users that if any provisions of this Covenant are held invalid, such provision can be severed and the balance of the Covenants shall remain valid and enforceable, and that further, should any Court hold the scope of business restricted, or the time and geographical limitations of the Covenant too broad to be enforced, such Court shall not disregard this Covenant but instead shall enforce the provisions as to such scope, time, and geographical area as the Court deems just and equitable.
(e) It is further agreed and recognized by the Users that if E-PetsOnline is forced to utilize courts for the enforcement of this Covenant, it shall be entitled to receive, in addition to all other relief sought, its reasonable attorney fees and court costs associated with the enforcement thereof.
(f) It is further agreed and recognized by Users that disagreement is for the benefit of not only users but also E-PetsOnline and its Pet Industry Businesses. Therefore, not only shall users be entitled to enforce this agreement but E-PetsOnline and its Pet Industry Businesses may jointly or separately, from any other person or entity, enforce this agreement.
7. Access and Interference: Our web site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the E-PetsOnline site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to E-PetsOnline by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of E-PetsOnline or the appropriate third party.
8. Feedback: You may not take any actions that may undermine the integrity of the feedback system. If you earn a net feedback rating of - 3 (minus three), your membership may be suspended, and you will be unable to list or bid when suspended.
8.1 Export: You acknowledge that your feedback consists of comments left by other users and a composite feedback number compiled by E-PetsOnline and that the composite number without comments does not convey your full user profile. Because feedback ratings are not designed for any purpose other than for facilitating trading between E-PetsOnline users, you agree that you shall not market or export your E-PetsOnline feedback rating in any venue other than an E-PetsOnline operated website.
8.2 Import: We do not provide the technical ability to allow you to import feedback from other websites to E-PetsOnline because a composite number, without the corresponding feedback does not reflect your true online reputation within our community.
9. Breach: Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you
(a) If you breach this agreement or the documents it incorporates by reference;
(b) if we are unable to verify or authenticate any information you provide to us; or
(c) if we believe that your actions may cause legal liability for you, our users or us.
11. No Warranty: WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some States do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may have other legal rights that vary from state to state.
12. Liability Limit: IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).
OUR LIABILITY, AND THE LIABBILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF
(A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR
Some States do not allow the exclusion or limitations of incidental or consequential damages, so the above limitation or exclusion may not apply to you.
13. Indemnity: You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14. Legal Compliance: You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our services and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
15. Choice of Law/Venue: This Agreement shall be governed in all respects by the laws of the State of Missouri In the event litigation is commenced for any reason, the parties do select jurisdiction in Howell County, Missouri.
16. Service: We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside our control.
17. Arbitration: Any legal controversy or legal claim arising out of or relating to this Agreement or our services, excluding legal action taken by E-PetsOnline to collect our fees and/or recover damages for, or obtain an injunction relating to, the E-PetsOnline site operations, intellectual property, and our services, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Howell County, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or E-PetsOnline may seek any interim or preliminary relief from a court of competent jurisdiction in Howell County, Missouri necessary to protect the rights or property of you or E-PetsOnline pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and court costs.
18. No Agency: No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by the use of our service or this Agreement.
19. Notice: All notices to E-PetsOnline shall be given by certified U.S. mail to E-PetsOnline At: 1614 Porter Wagoner Blvd., P.O. Box 903, West Plains MO 65775, All notices to members shall be deemed given twenty-four (24) hours after an email is sent to the member's last known email address.
20. Standard/Default Terms of Sale. To assist you (Buyer and Seller) in your commercial transaction, you agree the following shall be the standard terms of sale for each transaction. These are default terms only and you can change the terms by a separate written agreement signed by both parties to the transaction.
20.1 Seller represents and warrants that all information provided on the web site is true, accurate, and correct.
20.2 Seller guarantees and warrants that the animal which is the subject of this transaction will free from disease, illness, injury, or parasite for ten (10) days and free from genetic defect for one (1) year, unless otherwise disclosed.
20.3 The total sale price Buyer shall pay to Seller shall be the auction price plus additional amounts as provided herein.
(a) Buyer shall pay an additional $10.00 to Seller for current shots/worming with record, provided the shots/worming meet or exceed minimal standards issued by E-PetsOnline.
(b) Buyer shall pay an additional $10.00 to Seller for an implanted animal microchip and related microchip information.
(c) Buyer shall pay an additional $5.00 to Seller for pedigree containing 3 generations or more.
(d) Buyer shall pay an additional $5.00 to Seller for registration papers from an approved pet registry service. Approved pet registry services include American Kennel Club (AKC), United all Breed Registry (UABR), United Kennel Club (UKC), and Cat Fancier’s Association (CFA).
(e) Buyer shall pay an additional $5.00 to seller if Seller is currently certified by and in good standing with National Blue Ribbon, in recognition of the greater value of the animal due to the standards imposed by National Blue Ribbon for animal care, kennel housing conditions, sanitation, and related pet industry practices.
20.4 Buyer shall select the transportation carrier and pay for shipping from the transportation carrier's shipping dock.
20.5 Seller shall arrange for and pay for delivery of the animal to the transportation carrier's shipping dock.
20.6 Seller consents to Buyer's selection of the transportation carrier and agrees to the terms established in the Standard/Default Terms of Transportation Agreement.
20.7 Payment is due at time of actual delivery to Buyer, and not Buyer's transportation carrier.
20.8 Any legal controversy or legal claim arising out of or relating to a sales transaction on E-PetsOnline shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that the arbitration committee shall consist of a representative of a pet breeders association, three representatives who are veterinarians selected by E-PetsOnline, and a representative selected by a retail sales association. The losing party shall pay all costs. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Howell County, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or E-PetsOnline may seek any interim or preliminary relief from a court of competent jurisdiction in Howell County, Missouri when necessary to protect the rights or property of you or E-PetsOnline pending the completion of arbitration. Should either party file an action contrary to this provision, the other party may recover attorney's fees and court costs.
20.9 This Agreement shall be governed in all respects by the laws of the State of Missouri In the event litigation is commenced for any reason, the parties do select the venue and jurisdiction of Howell County, Missouri.
20.10 This Agreement constitutes your (Buyer and Seller) entire agreement as to the Terms of Sale between you and supersedes and cancels any prior agreements, representations, warranties, or communications relating to your sale transaction. Neither this Agreement nor any provision hereof shall be changed, waived, discharged, or terminated unless in writing.
21. Standard/Default Terms of Transportation. To assist you (Buyer, Seller, and Transportation Carrier) in your commercial transaction, you agree the following shall be the standard terms for transportation services. These are default terms only and apply to the Seller as well. However, you can change the terms by a separate written agreement signed by the Buyer to the transaction and the Transportation Carrier selected by the Buyer, but those altered terms will not apply to the Seller.
21.1 Buyer shall solely be responsible for the cost of transportation from the Transportation Carrier's shipping dock at the rates established by the Transportation Carrier.
21.2 Transportation Carrier shall provide transportation at the quality standards recognized in the transportation industry unless higher standards are set forth in "THE NATIONAL BLUE RIBBON PROGRAM" as defined by the American Animal Welfare Society, Inc. In the event "THE NATIONAL BLUE RIBBON PROGRAM" has higher quality standards, '"THE NATIONAL BLUE RIBBON PROGRAM" shall be the quality standards.
21.3 Seller shall deliver the animal to the transportation carrier's shipping dock.
21.4 Any legal controversy or legal claim arising out of or relating to the transportation of an animal under this agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association, except that the arbitration committee shall consist of a representative of a pet breeders association, three representatives who are veterinarians selected by E-PetsOnline, and a representative selected by a retail sales association. The losing party shall pay all costs. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Howell County, Missouri, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or the Transportation Carrier may seek any interim or preliminary relief from a court of competent jurisdiction in Howell County, Missouri when necessary to protect the rights or property of you or the Transportation Carrier pending the completion of arbitration.
21.5 Should either party file an action contrary to this provision, the other party may recover attorney's fees and court costs.
21.6 This Agreement shall be governed in all respects by the laws of the State of Missouri In the event litigation is commenced for any reason, the parties do select the venue and jurisdiction of Howell County, Missouri.
21.7 This Agreement constitutes your (Buyer, Seller, and Transportation Carrier) entire agreement as to the Terms of Transportation between you and supersedes and cancels any prior agreements, representations, warranties, or communications relating to your transportation. Neither this Agreement nor any provision hereof shall be changed, waived, discharged, or terminated unless in writing.
22. General: If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by E-PetsOnline, in our sole discretion, to a third party in the event of a merger or acquisition. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Section 2 (Fees And Service) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 7 (Access and Interference), 12 (Liability Limit), and 13 (Indemnity) shall survive any termination or expiration of this Agreement.