Terms of Service

Welcome to Xpress Pets. These Terms of Service ("Terms") govern your access to and use of the Xpress Pets website, services, and applications (collectively, the "Service"). Please read these Terms carefully before using our Service.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Service.

1. Definitions

• "Xpress Pets", "we", "us", or "our" refers to Xpress Pets, Inc., the company operating the Service.
• "User", "you", or "your" refers to any individual or entity that accesses or uses the Service.
• "Buyer" refers to a User who purchases or expresses interest in purchasing a pet through the Service.
• "Seller" refers to a User who lists a pet for sale through the Service.
• "Content" refers to text, images, photos, audio, video, and all other forms of data or communication posted on or transmitted through the Service.
• "Listing" refers to a post on the Service advertising a pet for sale.

2. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into binding contracts. If you are using the Service on behalf of a company, organization, or other entity, you represent and warrant that you have the authority to bind that entity to these Terms.

3. Account Registration

To access certain features of the Service, you must register for an account. When you register, you agree to provide accurate, current, and complete information about yourself. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

We reserve the right to suspend or terminate your account if any information provided during registration or thereafter proves to be inaccurate, false, or misleading, or if you violate any provision of these Terms.

4. Seller Verification

To list pets for sale on the Service, Sellers must complete our verification process, which may include providing government-issued identification, proof of address, and other documentation as required. Commercial breeders may be subject to additional verification requirements, including facility inspections.

By listing pets on the Service, Sellers represent and warrant that they comply with all applicable local, state, and federal laws regarding the breeding, keeping, and selling of animals.

5. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Listing animals obtained from puppy mills or other inhumane breeding operations.
• Listing animals that are illegal to own or sell under applicable laws.
• Listing endangered species or protected wildlife.
• Misrepresenting the health, age, breed, or condition of an animal.
• Harassing, threatening, or intimidating other Users.
• Impersonating another person or entity.
• Posting false, misleading, or deceptive Content.
• Attempting to circumvent our fee structure or payment system.
• Using the Service to conduct transactions outside of the platform.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to gain unauthorized access to the Service, other accounts, or computer systems.

6. Listing Requirements

All Listings must comply with the following requirements:

• Listings must include accurate and complete information about the pet, including species, breed, age, gender, health status, and any known medical conditions.
• Listings must include at least three clear, recent photographs of the actual pet being sold.
• For dogs and cats, Listings must include information about vaccinations, microchipping (where required by law), and spaying/neutering status.
• For purebred animals, Listings should include registration information if available.
• Pricing must be clearly stated and include all mandatory fees.
• Sellers must disclose if they are a commercial breeder, hobby breeder, or individual rehoming a pet.

We reserve the right to remove any Listing that does not comply with these requirements or that we determine, in our sole discretion, is inappropriate for the Service.

7. Fees and Payments

Xpress Pets charges the following fees for using the Service:

• Listing Fee: $15 per pet listed.
• Transaction Fee: 5% of the final sale price.

All payments between Buyers and Sellers must be processed through our secure payment system. We hold payments in escrow until the Buyer confirms receipt of the pet and that it matches the description in the Listing. Attempting to circumvent our payment system is prohibited and may result in account termination.

Refunds may be issued in accordance with our Buyer Protection Policy, which is incorporated by reference into these Terms.

8. Buyer and Seller Responsibilities

Seller Responsibilities:

• Provide accurate and complete information about pets listed for sale.
• Comply with all applicable laws regarding the breeding, keeping, and selling of animals.
• Ensure that pets are in good health and have received appropriate veterinary care.
• Provide Buyers with all relevant documentation, including health records, registration papers (if applicable), and transfer of ownership documents.
• Respond promptly to inquiries from potential Buyers.
• Complete transactions in a timely manner once payment has been received.

Buyer Responsibilities:

• Research the pet species, breed, and care requirements before making a purchase.
• Verify that you are legally permitted to own the pet in your location.
• Ask questions about the pet's health, temperament, and history before completing a purchase.
• Arrange for appropriate transportation and housing for the pet.
• Provide proper care for the pet after purchase.
• Complete the transaction through our secure payment system.

9. Buyer Protection Policy

Our Buyer Protection Policy covers situations where a pet does not match its Listing description or has undisclosed health issues. To be eligible for protection:

• The transaction must be completed through our secure payment system.
• The Buyer must report the issue within 48 hours of receiving the pet.
• For health issues, the Buyer must provide documentation from a licensed veterinarian.

Depending on the circumstances, we may issue a partial refund, full refund, or facilitate the return of the pet to the Seller. Our decision regarding Buyer Protection claims is final.

10. Content Ownership and License

You retain ownership of any Content you post on the Service. By posting Content, you grant us a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Content in connection with operating and promoting the Service.

You represent and warrant that you own or have the necessary rights to post your Content and that your Content does not violate the intellectual property rights or other rights of any third party.

11. Privacy

Our Privacy Policy, which is incorporated by reference into these Terms, explains how we collect, use, and disclose information about you. By using the Service, you consent to the collection, use, and disclosure of your information as described in our Privacy Policy.

12. Disclaimers

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WHILE WE TAKE STEPS TO VERIFY SELLERS AND REVIEW LISTINGS, WE DO NOT GUARANTEE THE ACCURACY OF LISTINGS OR THE QUALITY OF PETS SOLD THROUGH THE SERVICE. BUYERS ARE RESPONSIBLE FOR VERIFYING THE CONDITION AND HEALTH OF PETS BEFORE COMPLETING A PURCHASE.

13. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL XPRESS PETS, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO US DURING THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.

14. Indemnification

You agree to defend, indemnify, and hold harmless Xpress Pets, its directors, employees, partners, agents, suppliers, and affiliates from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney's fees and costs, arising out of or in any way connected with (i) your access to or use of the Service; (ii) your violation of these Terms; (iii) your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any claim that your Content caused damage to a third party.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration shall be conducted in English and shall take place in Delaware. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief to protect our intellectual property rights or to prevent unauthorized use of the Service in any court of competent jurisdiction.

16. Modifications to the Terms

We reserve the right to modify these Terms at any time. If we make material changes to these Terms, we will notify you by email or by posting a notice on the Service. Your continued use of the Service after such notification constitutes your acceptance of the modified Terms.

17. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will immediately cease.

All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

18. Contact Information

If you have any questions about these Terms, please contact us at:

Xpress Pets, Inc.
123 Pet Street
Animalville, AP 12345
Email: legal@xpresspets.com
Phone: (555) 123-4567